Facing Probation Violation in Indianapolis: The Essential Steps

Posted on October 6, 2023 by admin

If you find yourself accused of a probation violation in Indianapolis, it’s crucial to understand the gravity of the situation. Probation violation is a serious offense, and if you have indeed violated probation, your journey could become increasingly complex. Striking the right balance between your obligations to the probation officer and maintaining your freedom can be daunting. This blog post aims to guide you through the essential steps you’ll need to take when facing an alleged probation violation. Understanding these steps can make a significant difference in achieving a favorable outcome.

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What is Probation Violation?

Probation violation occurs when an individual fails to comply with the terms and conditions of their probation, as set by the court or probation officer. These terms typically include reporting to your probation officer regularly, attending mandated counseling or treatment programs, maintaining a job, staying away from certain people or places, and refraining from criminal activity. If you fail to meet any of these conditions, your probation officer can initiate a violation proceeding against you.

Essential Steps to Take When Facing Probation Violation

1. Understand the Alleged Violation

The first step in dealing with a potential probation violation is understanding what you are being accused of. Your probation officer will provide you with a written notice outlining the alleged violation and the evidence against you. It’s essential to carefully review this notice and gather any evidence that can help disprove the violation.

2. Contact an Experienced Attorney

Dealing with a probation violation on your own can be overwhelming, and having an experienced criminal defense attorney by your side can make a significant difference in the outcome of your case. An attorney will provide you with legal guidance, help gather evidence to support your case, and represent you in court if necessary.

3. Attend Your Probation Violation Hearing

Once a violation has been alleged against you, a hearing will be scheduled to determine whether the violation is valid. It’s crucial to attend this hearing, as failing to appear can result in additional charges and potentially a warrant for your arrest.

4. Prepare for Your Hearing

Before your hearing, you and your attorney should gather any evidence that supports your case and be prepared to present it in court. You may also want to arrange for character witnesses or provide proof of community service or other positive actions you have taken while on probation.

5. Be Honest with Your Probation Officer

If you have indeed violated probation, it’s essential to be honest with your probation officer. Admitting to the violation and taking responsibility can show the court that you are willing to make amends and comply with the terms of your probation going forward.

6. Comply with Court Orders

If a violation has been found, the court may impose additional conditions or modify your probation terms. It’s crucial to comply with these orders and demonstrate a genuine effort to comply with the court’s decision. Failure to do so can result in further penalties, including jail time.

Conclusion

Facing a probation violation in Indianapolis can be challenging, but it’s essential to understand and follow these steps to increase your chances of a favorable outcome. Remember to stay in communication with your probation officer and attorney, gather evidence to support your case, and comply with court orders. By taking these essential steps, you can navigate through the process successfully and hopefully avoid further consequences. So if you ever find yourself facing a probation violation, remember to stay calm, seek legal guidance, and take proactive measures to defend yourself.

With the right approach, you can overcome this challenging situation and get back on track to fulfilling your probation obligations. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our criminal lawyers will obtain the best possible outcome to your criminal case!

What to Expect If You Fail a Drug Test on Probation

Posted on June 23, 2023 by admin

If you are on probation and have been required to take a drug test, the consequences of failing that test can be serious. Depending on your circumstances, there may be legal repercussions or even jail time as a result of the failed drug test. It is important to understand what will happen if you fail this kind of drug test so that you can prepare for any potential outcomes.

In this blog post, we’ll discuss what to expect when failing a drug test while on probation and how it could affect your life going forward. We’ll go over why these tests are administered in the first place and what steps might need to be taken by both you and your probation officer after receiving results from the lab showing drugs in your system. Finally, we’ll talk about some best practices for avoiding further problems down the line by staying sober during this period of supervision.

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The Purpose of Probation Drug Tests

Probation drug tests are administered for a number of reasons. First, it monitors your compliance with the program you’re in and helps to ensure that you are not using any illicit substances while under supervision. Second, it is used as a tool to detect potential relapse or further drug use which could require additional steps to be taken by both you and your probation officer. Finally, it provides an opportunity for the courts and other law enforcement officials to monitor your progress during this period of time.

Consequences of Failing a Drug Test are Guaranteed

If you fail a drug test while on probation, there will be consequences – some more severe than others. Depending on the circumstances surrounding the failed test and the severity of the situation, punishments may range from additional testing requirements to jail time. In some cases, your probation officer may even have the authority to revoke or extend your probation according to the terms of their discretion.

Your Penalties Lie in the Hands of the Probation Officer

Regardless of the potential punishment, it is important to keep in mind that failing a drug test while on probation does not automatically mean you will be sent to jail or given another form of severe punishment. Your probation officer has the power to decide which course of action should be taken depending on the circumstances surrounding the failed test and any other factors involved.

They will also take into account any steps you have taken since receiving results from the lab showing drugs in your system – such as enrolling in a rehabilitation program, seeking medical attention for an underlying issue or condition, or regularly attending support group meetings – when deciding on your fate.

The Best Method is to Stay Sober While on Probation

Ultimately, the best way to avoid any negative consequences from a failed drug test while on probation is to stay sober. Attending recovery meetings and therapy sessions, engaging in healthy activities like exercise or yoga, and eliminating any triggers that could cause you to relapse are all important things to consider doing if you’re serious about staying clean. Additionally, it is also important to be aware of the potential legal ramifications associated with failing a drug test while on probation – such as jail time or extended supervision – so that you can prepare yourself for any possible outcomes.

In Summary

By understanding what to expect when failing a drug test while on probation, you can take the necessary steps to ensure that any potential punishment is minimized and that you are taking the steps necessary to stay sober. Keeping these tips in mind and following your probation officer’s instructions can help you stay on track with your recovery and avoid any further legal implications down the line.

Did you just fail a drug test on probation or know you soon will? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your probation violation!

What You Can Expect on Misdemeanor Probation

Posted on January 18, 2022 by admin

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 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.

What Happens if I Violate My Probation in Indiana?

Posted on October 22, 2021 by admin

You are on probation because the courts decided you do not need to be in jail to serve out your criminal sentence. Although you are not in jail, being on probation has many restrictions and rules. Breaking any of these terms and conditions of probation will lead to a probation violation. What happens if you violate your probation in Indiana? Continue reading to learn what you need to know about violations of probation.

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After a Probation Violation

Once you are assumed to have violated the terms of your probation, the overseeing probation officer assigned to your case will notify the courts. Then a probation violation hearing will be scheduled. If you are on probation for a felony conviction, an arrest warrant will be issued to take you into custody as soon as possible.

Law enforcement will come to your house or place of employment. If you were convicted of a lesser criminal offense, such as a misdemeanor or infraction, you will likely just be notified of the hearing and expected to arrive on time.

Probation Violation Hearing

At the probation violation hearing, the judge will decide whether to revoke your probation and place you in jail, prolong your probation, or dismiss the violation altogether. Either way, if you are ever in violation of your probation, it is critical to hire an Indianapolis criminal defense lawyer immediately.

During the hearing, prosecution will use all sorts of legal tactics to prove that you in fact violated the terms and conditions of your probation. Prosecution simply needs to prove their case with a preponderance of the evidence, which is a legal term that basically means they have enough proof to show you are more likely than not in violation of your probation.

Determined to Be in Violation

If prosecution is successful and the court decides you have in fact violated your probation, your probation sentence could be revoked, and you could be sent to jail. The amount of time you’ll be sentenced to jail will depend on the Indiana sentencing guidelines for the particular offense you are convicted of.

With a skilled Indianapolis Indiana criminal defense attorney, you can feel confident that jail time will not be an end result to your probation violation hearing. An experienced lawyer can build an impactful case against your probation violation charges and negotiate a more lenient sentence on your behalf. They may even be able to throw your violation allegation out of court altogether.

Are you looking for a criminal defense law firm to help you beat your probation violation in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense for probation violations in Indianapolis. We represent juveniles and adults all throughout the state of Indiana.

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Facts About Violating Probation in Indiana

Posted on November 22, 2019 by admin

If you are facing minor criminal charges in Indiana, it is very likely that the judge will order you to probation in lieu of jail time. Although this is one of the best possible outcomes in a criminal case, probation is still a strict, government-mandated, court-monitored program that should be taken very seriously. There are many rules and limitations that an individual is subjected to while on probation, all of which can lead to severe penalties if violated in any way. These are known as probation violations, and they are not something you want to do.

Continue reading to learn more important facts about probation violations in Indiana, including the best way to avoid the maximum penalties if you violate your probation.

Probation Violation Basics

After a person is found guilty of an offense in Indiana, they may be placed on probation for a temporary period of time in order for the state to supervise them and ensure they do not continue to commit crimes. Probation is a serious legal obligation that requires a person to follow a strict set of rules handed down by the courts. This includes terms like refraining from illegal activity and maintaining employment.

If a person fails to abide by all the terms of their probation, they are committing the crime of violating their probation. If this happens, they can be arrested, detained, and charged with violation of probation. If the probation violation doesn’t happen in front of police, then a warrant or Notice to Appear is issued for them, and they will be forced to stand before a judge and face additional criminal charges. A person needs a competent and experienced probation violation lawyer to effectively protect their rights and avoid maximum sentencing. See our blog, “What is a Notice to Appear?” to learn more about penalties surrounding missed court dates.

Terms of Probation

The first element you should know about probation is the importance of obeying all the rules. There is a long list of rules and restrictions while on probation, all of which must be adhered to 100% or severe legal and financial consequences will follow. Depending on the county of your conviction and probation, the rules will vary. However, all jurisdictions enforce the general requirements of probation.

On probation, you are legally required to:

✤ Obey all laws and refrain from all further criminal activity;
✤ Satisfy all court-ordered penalties, like community service, fines, rehab, etc.;
✤ Be present and on-time for all probation meetings with their assigned probation officer;
✤ Refrain from all alcohol and drug use;
✤ Take and pass all drug screenings on the date they are scheduled;
✤ Remain in the state;
✤ Maintain full-time employment;
✤ Immediately inform probation officer of address and job changes;
✤ And much more!

Indiana Criminal Defense for Probation Violations

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a crime in Indianapolis or anywhere else within Central Indiana. He offers aggressive and experienced criminal defense for anyone facing criminal charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

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