What You Can Expect on Misdemeanor Probation

If you are facing misdemeanor criminal charges, you will likely be sentenced to probation if convicted. Probation is a serious court order that requires astute discipline and cooperation by you, the defendant. Just one broken rule or violation of your probation terms and conditions can get you into a whole other set of legal troubles, which does nothing more but impose more penalties and lengthen your time under the supervision of the law.

Continue reading to learn some basic information about probation, keeping in mind that cases vary from person to person depending on the unique circumstances of their criminal history, convictions, and more.

Misdemeanor Probation Violation Lawyer Indianapolis IN 317-636-7514
Misdemeanor Probation Violation Lawyer Indianapolis IN 317-636-7514

Misdemeanor Offenses Can Pose a Wide Range of Penalties

A misdemeanor crime is a lesser offense compared to a felony and cannot be punished by more than one year in jail according to federal law. However, misdemeanors still come with an extensive list of possible penalties if convicted. The types of penalties and the severity of punishment will vary from person to person depending on their criminal history.

While some will get off with minor penalties and setbacks, others may face actual jail time. Typically, judges prefer to sentence minor misdemeanor convictions with fines, community service, and probation, in lieu of incarceration. Fines can reach up to $5,000, and community service can range between 10 hours and over 100 hours, depending on the circumstances of the conviction.

You are NOT a Free Member of Society on Probation

Although probation is a tool used as an alternative to incarceration, a person is not technically a free member of society. Like all others, an individual on probation must adhere to all local, state, and federal laws; however, they must also obey a whole separate set of rules until their time is served. The rules of probation will vary from person to person depending on the nature of their conviction and criminal history.

Most often, individuals on probation are expected to remain in the state, maintain full-time employment, refrain from committing any further crimes, and stay out of contact with other convicted criminals. Those convicted of intoxication-related crimes will likely have to refrain from alcohol consumption, take drug and alcohol education courses, go to a victim impact panel, and even have their drivers’ license suspended.

Probation Officers are the Real Deal So Take Them Seriously

In all cases of probation, a person is assigned a “probation officer” who has the role of overseeing their case and supervising their progress. This is a real officer of the court who will request mandatory check-ins, usually month to month, or every other month, during which they may implement a routine drug screening and ask questions regarding their rehabilitation.

Any changes that may occur during a person’s probation period must be communicated with their assigned officer, including addresses, phone numbers, employment, health, and more. They might even have to ask their officer for permission to travel outside of the city.

If a person breaks a rule of their probation, their officer will immediately notify the judge who originally sentenced them, and the person will face additional criminal charges. If this happens, it is possible for a judge to revoke probation privileges and impose jail time.

Are you currently facing criminal charges in Indiana? Or did you just violate your probation? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your probation violation.

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How to Request Early Termination of Probation in Indiana

When convicted of a criminal offense, an offender can be ordered to serve probation in place of jail time. The terms and conditions of an offender’s probation will vary depending on many factors, such as local jurisdiction, severity of offense, criminal history, and much more. Those on probation can be ordered to serve anywhere from 6 months to 5 years or more, with an average probation sentence of 1 to 2 years. In some states, including here in Indiana, some offenders can petition the courts to release them from their terms of probation earlier than ordered. This is known as applying for early termination of probation. However, not all will be granted such requests. There are several requirements that must be met in order to qualify for early probation termination in all states that permit it under law.

Continue reading to learn more about these legal relief option, and how you might be granted an early release from your probation in Indiana.

Indianapolis Criminal Defense Probation Lawyer
Indianapolis Criminal Defense Probation Lawyer 317-636-7514

Early Termination of Probation

Probation is generally set for a temporary period of time, but can be extended if the offender fails to follow all rules and requirements. The length of probation can be anywhere from 1 to 10 years, depending on the individual circumstances. In order to satisfy all probation conditions, the offender must pay all fines, restitution fees, and court costs, as well as complete all court-ordered classes, community service, or rehabs.

So long as the person follows all rules and completes all requirements, they are relieved of probation at the end of their sentenced term. But in some cases, a person can petition the courts for an early termination of probation, therefore releasing them from legal supervision and all terms and conditions of their sentence.

Indiana Requirements for Early Release From Probation

The process of applying for early termination of probation can begin in one of two ways. The offender can file a motion within the court they were convicted, or they can simply write a letter to their U.S. Probation Officer. In all cases, you cannot do this yourself. You must either ask your probation officer, or hire a lawyer. It is strongly encouraged to enlist the services of a skilled and experienced Indianapolis criminal defense lawyer to file an early termination of probation motion on your behalf. The process is not as cut as dry as submitting a petition, so it is wise to have a learned professional navigate the filings and deadlines for you.

To even be considered for early termination of probation, you must have already served at least one year of your probation while having met all required conditions, including obtaining employment, staying in the state, refraining from drugs and alcohol, obeying all laws, surrendering to routine drug screens, and more. Another important qualifying factor is the severity of crime. Felonies are not qualified for early termination of probation. Those who were convicted of a misdemeanor or infraction can be granted an early release from probation if they meet all other requirements.

How to Get Off of Probation Early in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to begin your motion for early termination of probation in Indianapolis, Indiana. Our seasoned criminal defense lawyers are well-versed in all Indiana appellate laws and proceedings, and can get your early release from probation granted faster than you can shout, “Freedom!” We offer free consultations to allow you an opportunity to get all your criminal defense FAQS straight, and learn all your options for petitioning the court to end your probation sentence early. Contact us today to schedule a meeting with a licensed criminal defense lawyer.

Indianapolis Criminal Defense 317-636-7514
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Will I Get Probation for a Misdemeanor Conviction?

Crimes are not all alike. Although morally wrong, crimes range in severity from minor infractions to major ones. This is why the law breaks down crimes into two categories: felonies and misdemeanors. Anyone convicted of a misdemeanor crime is called a misdemeanant, whereas anyone convicted of a felony is called a felon. Felonies are the worse of the two, including major crimes like murder, forgery, tax evasion, robbery, auto theft, and repeat offenses.

Misdemeanors on the other hand are less severe than felonies, but still carry a cumbersome load of consequences and legal penalties. This is why it is vital to retain the service of an experienced criminal lawyer for the best chance at reducing or dismissing misdemeanor charges in the case that you are ever charged with a crime. Often times, and especially for first-time offenders, lawyers can get lesser felony crimes reduced to misdemeanors. One of the most common penalties for misdemeanor crimes is probation.

Continue reading to learn the basics surrounding misdemeanor crimes and probation, and who to turn to if facing such charges.

Misdemeanor Lawyer Indianapolis Indiana
Misdemeanor Lawyer 317-636-7514 Indianapolis Indiana

Misdemeanor Classes

Misdemeanor offenses are crimes that are punishable by up to one year in jail. There are three “classes” of misdemeanor crimes. Depending on the state you live, these can include a series of letters or numbers. In states that classify misdemeanors with letters, they generally range from “A” to “C”, with Class C misdemeanors being the least serious and Class A being the most serious. In states that use numbers to classify their misdemeanors, they generally range from Class 1 to 4, with four being the least serious.

Misdemeanor Penalties

Even though misdemeanors are less serious, but still come with notable penalties. A misdemeanant (person convicted of a misdemeanor) can expect to pay fines, complete a certain amount of community service hours, serve probation, and possibly pay restitution. The combination or extent of penalties largely depends on the defendant’s criminal history, the particular crimes they are convicted of, and the strength of their legal defense. Probation is generally between 3 months and one year for misdemeanants.

Misdemeanor Probation

Terms of probation can include, but is not limited to, regular drug screening, monthly meetings with a probation officer, mandatory employment, refraining from committing any more crimes, and more. Breaking the terms of probation results in a probation violation, which in turn, carries a whole other set of penalties, including extension of probation and even possible jail time. It is critical to the sake of your freedom and your rights to obtain the services of a licensed criminal lawyer if ever charged with a crime of any level.

Where to Find a Skilled Defense Lawyer in Indianapolis, Indiana

If you do not already have a licensed Indianapolis criminal defense lawyer working on your misdemeanor crimes case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Federal or Indiana criminal charges so that you have a chance at avoiding the maximum penalties for your alleged crimes. Our esteemed criminal defense law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

Indianapolis Criminal Defense 317-636-7514
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What You Need to Know About Misdemeanor Charges

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

Criminal acts range in severity, from minor infractions to major offenses, which is why the law breaks down crimes into two chief categories: felonies and misdemeanors. Anyone convicted of a misdemeanor crime is called a misdemeanant, whereas anyone convicted of a felony is called a felon. Felonies are the more serious of the two, as they include major crimes like murder, forgery, tax evasion, robbery, auto theft, and repeat offenses. Misdemeanors on the other hand are less severe than felonies, but still carry a cumbersome load of consequences and legal penalties.

If you or a loved one were recently arrested on misdemeanor charges, it is wise to do your research and learn what to expect in all the possible outcomes. Continue reading to learn some important information about misdemeanor convictions and penalties in Indiana, including where to find the most aggressive criminal defense.

Misdemeanor Classifications

Misdemeanor offenses are crimes that are punishable by up to one year in jail. There are three “classes” of misdemeanor crimes. Depending on the state you live, these can include a series of letters or numbers. In states that classify misdemeanors with letters, they generally range from “A” to “C”, with Class C misdemeanors being the least serious and Class A being the most serious. In states that use numbers to classify their misdemeanors, they generally range from Class 1 to 4, with four being the least serious.

Misdemeanant Expectations

Even though misdemeanors are less serious, but still come with notable penalties. A misdemeanant (person convicted of a misdemeanor) can expect to pay fines (possibly restitution as well), complete a certain amount of community service hours, complete rehabilitation or anger management classes, attend victim impact panels, serve a term of probation, and more. The combination or extent of penalties largely depends on the defendant’s criminal history, the particular crimes they are convicted of, and the strength of their legal defense.

Misdemeanor Probation

Probation is a very common outcome of a misdemeanor conviction. The average term of probation generally ranges between 3 months and one year for misdemeanants. Conditions of probation also vary among misdemeanants, ranging in leniency and stringency. Most conditions of probation include regular drug screening, monthly meetings with a probation officer, mandatory employment, refraining from committing any more crimes, and more. Breaking the terms of probation results in a probation violation, which in turn, carries a whole other set of penalties, including extension of probation and even possible jail time.

Indianapolis Misdemeanor Lawyer

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your Indiana misdemeanor criminal charges. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.

7 Probable Court Orders While on Probation

After being convicted of a state criminal charge, a judge may sentence a defendant to probation in place of jail time. Being on probation is a much better outcome than jail, however, there are still strict terms and conditions that you must adhere to, otherwise, you face additional criminal charges, including incarceration. In addition to rules and restrictions, a judge can sentence you to other types of conditions, such as community service, victim impact panels, drug testing, and more.

Continue reading to learn the top 7 court orders you may face while on probation.

Probation Violation Lawyer 317-636-7514

Probation Violation Lawyer 317-636-7514

House Arrest

If a person is a habitual offender, or has committed a more serious misdemeanor, a judge may sentence them to home detention, also known as house arrest. A person on house arrest is strictly prohibited to leave the confinements of their home for a specified period of time; if they do, they face additional criminal charges. While on home detention, a judge may also require them to wear a GPS electronic monitoring bracelet, which supervises and records their whereabouts.

GPS Electronic Monitoring Bracelet

GPS electronic monitoring bracelets, also known as ankle monitors, are a more lenient form of home detention. They are electronic devices that are worn around the ankle until the defendant is released from probation. It ensures that a defendant remains within the boundaries allotted to them by the court, which is usually just work, school, rehab, and home.

Drug Testing

A person on probation is likely to be drug tested at any given time. Most often, it is a standard part of the probation process. A judge may order them more frequently for those convicted of a drug or alcohol-related crime. It is mandatory by law to submit to random or routine drug screening, chemical testing, or urine analysis if ordered by a court.

Community Service

A common penalty, especially for less serious misdemeanors, is community service. This is basically mandatory, court-ordered volunteer work. If you have ever seen a group of people collecting garbage on the highway, or working at a local salvation store, they are likely community service workers. Most often, a person can choose their own type of work, and then a supervisor is appointed to record and sign off on their hours.

Ignition Interlock Device (IID)

A common term of probation used for habitual drunk driving offenders is an ignition interlock device (IID, which is installed in a person’s car to stop them from driving while drunk. They lock a car’s ignition, until the driver breathes into the device, like a breathalyzer, and shows a BAC lower than 0.04 percent. If the offender has a BAC higher than 0.04%, the engine will not start and the device record and send the reading to the proper authorities. It can be considered a violation of probation, which leads to more criminal charges.

Victim Impact Panels

For intoxicated driving charges, a defendant may be ordered to attend victim impact panels, which are basically public programs in which survivors, or family, of those injured or killed in drunk driving accidents, speak about their struggles and losses in an attempt to educate people about the extreme consequences of driving under the influence of drugs or alcohol.

Alcohol / Drug Education

Another common court order of probation are mandatory alcohol and drug education courses or rehabilitation. These are often reserved for addicts, and offenders who have been charged with a drug or alcohol-related crime. Participants are ordered to show up to all classes on time, complete all assignments on time, and pass the course to satisfy the court orders successfully.

Recently Arrested for a Misdemeanor in Indiana?

David E. Lewis Attorney at Law 317-636-7514

David E. Lewis Attorney at Law 317-636-7514

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation with a licensed Indiana criminal defense lawyer you can trust. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense. Call as soon as today!

The Difference Between Probation and Parole

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Although probation and parole are similar to one another because they are both alternatives to incarceration, they are quite different in detail. The primary difference between the two, which we’ll discuss further later on, is that probation often takes the place of jail time, whereas parole occurs after a person’s early release from prison. But they are also similar in the fact that they both subject an offender to temporary legal supervision and obligate them to follow a set of strict rules.

Continue reading to learn more about the differences between probation and parole.

Probation

After a person is found guilty of a criminal charge, they are sentenced to certain legal penalties. These penalties often include jail time, fines, community service, impact panels, substance abuse classes, and more. Depending on the severity of the crime and the person’s criminal history, a judge may grant probation in place of jail time. Probation is a temporary period of legal supervision, often managed by a jointed probation agency, which allows offenders to show the court they wish to repent and rehabilitate after their conviction.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

During this time, offenders are legally obligated to follow a list of rules, called probation conditions, which include retaining employment, staying in the state, refraining from drugs and alcohol, obeying all laws, surrendering to routine drug screens, and more. Those on probation are managed by a probation officer, and subject to random warrantless searches and drug tests without probable cause.

Probation is generally set for a temporary period of time, but can be extended if the offender fails to follow all rules and requirements. The length of probation can be anywhere from 1 to 10 years, depending on the individual circumstances. In order to satisfy all probation conditions, the offender must pay all fines, restitution fees, and court costs, as well as, complete all court-ordered classes, community service, or rehabs. So long as the person follows all rules and completes all requirements, they are relieved of probation at the end of their sentenced term.

Parole

Parole occurs after an offender is released from jail. Parole comes with the same set of rules and requirements as probation, called conditions of parole. Offenders report to a parole officer on a regular scheduled basis, and subject to all the same conditions of a person on probation. If an offender fails to comply with these conditions, the parole officer will file a report with the parole board, who will then rule as to whether or not the person should go back to jail or sentenced to stricter parole conditions.

Indianapolis Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a misdemeanor or felony crime in Indiana. He is an aggressive and powerful Indianapolis criminal defense lawyer that retains extensive trial and litigation experience in criminal law. Call 317-636-7514 to schedule a free initial consultation to discuss the best strategy for your defense.