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!

7 Tips for Those on Probation or Parole

Posted on May 18, 2023 by admin

Going through the criminal justice system can be a difficult experience, particularly for those who are on probation or parole. Not only is there the stigma of having been convicted of a crime, but also the challenges associated with being under supervision and attempting to re-integrate into society.

However, it doesn’t have to be an insurmountable obstacle. With some dedication and hard work, it is possible to successfully complete your term of probation or parole without further incident. To help you along this path, continue below for seven tips that can help make sure things go as smoothly as possible while you’re on probation or parole.

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Seven Tips for Probationers and Parolees

If you are on probation or parole, you can successfully complete your term without any further incidents by dedicating yourself and working hard. Here are seven tips that can guide you in the right direction and ensure that things go well during your probation or parole period:

1. Abide by the rules and regulations set forth by your probation or parole officer: This may sound like an obvious one, but it is of utmost importance that you adhere to all the rules set out for you while on probation or parole. Not only will this ensure that you don’t get in any additional trouble, but it will also demonstrate to your probation or parole officer that you are serious about making changes in your life and abiding by the law.

2. Report any changes in address or employment status promptly: It is important to let your probation or parole officer know right away if there are any changes with where you live or work. Failing to update them can result in a violation of your terms and put you at risk of additional consequences.

3. Do not associate with anyone who may be involved in criminal: While on probation or parole, it is essential that you limit your contact with those who are engaged in any illegal activities. Even if they are just acquaintances, having a negative association can lead to further problems down the line and even result in a violation of your terms.

4. Attend all court appearances and meetings with your probation or parole officer as required: Showing up to scheduled court appearances and meetings with your probation or parole officer is critical to demonstrating that you take these obligations seriously and want to remain compliant with the terms of your release. Failing to do so could result in more serious repercussions.

5. Seek out counseling or treatment services when necessary: If you are struggling with any mental health issues, substance abuse, or other matters that need to be addressed in order to stay on the right track while on probation or parole, make sure you seek out the appropriate counseling and/or treatment services. Doing so can help ensure that you remain compliant and successful in your journey.

6. Follow a strict budget and develop financial responsibility: It is important to get into the habit of creating and following a budget while on probation or parole. This can help prevent further financial troubles down the road and will demonstrate to your probation officer that you are working hard to become financially responsible over time.

7. Participate in community programs or activities: Taking part in programs and activities within your local community is a great way to demonstrate that you are looking to become an active member of society while on probation or parole. Doing so can help show you in a positive light and give you the opportunity to build positive relationships with those who may be able to provide assistance further down the line.

There is Hope for a Better Future After Jail or Conviction

For those on probation or parole, it is important to remember that there is hope for a better future. With some hard work and dedication, it’s possible to successfully complete your sentence without any additional incident. By following the tips above, you can put yourself in the best position possible for staying compliant with your terms of release and re-establishing yourself as a productive member of society.

Are you looking for the right criminal appeals lawyer to reduce, dismiss, or expunge your probation or parole terms and consequences? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal appeals lawyer in Indianapolis, Indiana. Our criminal attorneys will get the best possible outcome for your criminal case!

How to Make the Most of Your Time on Probation

Posted on April 21, 2023 by admin

If you’ve been placed on probation, it may feel like a huge burden. You have to follow strict rules and regulations while also dealing with your regular life. But probation doesn’t have to be an overwhelming experience – there are ways to make the most of your time on probation so that you can get back on track as soon as possible. Continue reading for some tips for managing your time while on probation.

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Tips For Dealing With Being on Probation

Being on probation may feel like a big weight on your shoulders with all the strict rules to follow along with your regular routine. However, there are ways to turn this experience into a positive one, helping you to get back to your life as soon as possible. Here are a few to consider while on probation:

✏ Find a good support system – It is important to find supportive people who will help you navigate this difficult situation, such as family members, friends, or even a mentor.

✏ Follow all instructions from your probation officer – Your PO is there to ensure that you comply with all court orders and stay out of trouble during this period. Make sure you understand what is expected of you and do everything in your power to meet those expectations.

✏ Get legal advice from a criminal defense attorney – An experienced criminal defense attorney can provide invaluable advice regarding how best to handle any issues related to being placed on probation. They can also guide you through the process if any violations occur during this period.

✏ Take advantage of available resources – Many states and communities offer programs that are designed to help people who are on probation. These may range from life skills classes to job training opportunities.

✏ Stay organized – Make sure you keep track of all court documents, meetings with your PO, and any other important requirements that must be met in order for you to successfully complete your probation period.

✏ Take Care of Yourself – Lastly, make sure to take time for yourself during this period as well. Taking care of yourself is just as important as following the rules set forth by your PO, so give yourself the time and space you need to relax and unwind.

By following these tips, you can make the most of your time on probation and get back on track as quickly and safely as possible.

Tips for Parolees

Parolees often struggle to re-enter society after serving their time in prison. It can be a daunting experience to adjust to life outside of prison walls. However, by following a few tips, parolees may make the process of reintegration easier. First, it is important to establish a support network of friends, family, or community organizations. This support can provide a sense of belonging and help parolees access resources they may need.

Additionally, creating a structured schedule for daily activities such as work, exercise, and hobbies can help build a routine that fosters a sense of normalcy. Finally, maintaining a positive attitude and embracing personal growth can help parolees establish a sense of purpose and direction. With a little encouragement and effort, parolees can successfully transition back into society and become contributing members of their communities.

Are you a parolee or on probation and wish to appeal or expunge your conviction in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free consultation with a licensed appellate lawyer in Indianapolis, Indiana. We can start working on your case TODAY.

Everything You Need to Know About Home Detention

Posted on July 22, 2022 by admin

Home detention, also called house arrest or home confinement, is a court-ordered, officer-supervised penalty that is sentenced to certain offenders in lieu of jail time. When sentenced to such penalty, a person must remain within the set boundaries of their home at all times, but may be given limited travel privileges for work, school, or doctor’s appointments.

Although the label seems pretty clear, there is much more to a house arrest sentence than just home confinement. If you or someone you love is facing house arrest, it is helpful to get some answers to some common questions in order to put your mind at ease and clear up any confusion you had about the terms and conditions of house arrest.

Continue reading to review the most frequently asked questions about home confinement to do just that!

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Top House Arrest FAQS

Can a Juvenile Be Sentenced to Home Detention?

Both adults and minors under the age of 18 years old can be sentenced to home detention. In fact, many teenagers are sentenced to house arrest because most judges aim for a safer, more productive alternative to juvenile hall or jail. Whether juvenile or adult, all convicted offenders are put on temporary probation during the duration of the sentence. Probation can include routine meetings with a probation officer, random drug screenings, community service, full-time employment, drug rehabilitation, GED completion, MADD panels, and more.

What are the General Rules of House Arrest?

Every person’s case is different, and subject to varying regulations. However, the general rules of house arrest include no drugs or alcohol in the residence, no drug or alcohol consumption, a probation officer can come by the home at any time to check for drugs or alcohol or to perform a random drug test, adherence to a set curfew, and all orders of probation.

All convicted offenders on home detention must also wear an electronic monitoring bracelet around their ankle. This keeps track of their location. If the subject goes beyond their allotted property line, the probation officer and local law enforcement are immediately notified. Tampering with an ankle monitor is considered a violation, and a criminal charge in itself. The device is programmed to detect even the slightest tampering, then records and sends the notification to the proper authorities.

What Happens if You Violate House Arrest?

If a convicted offender breaks any of the rules of their sentence, they are subject to being ordered to a probation violation hearing in court. This means you not only face the previous charges, but now face additional ones as well. Sometimes, a probation officer will give a warning the first time, but it is important to understand that the terms are taken very seriously, and one minor infraction will be penalized.

Do You Need a Lawyer if You Violate?

In most cases, yes. The penalties for such violations are taken very seriously, and the penalties a defendant faces for them are very harsh as well. Your criminal defense lawyer already knows your case and will defend you once again to minimize the penalties you face for violating. They are your only hope at avoiding the maximum charges for a house arrest violation.

How are You Monitored on House Arrest?

A person on house arrest wears an electronic alarm device on their ankle at all times. This device is coupled with another that is connected to a person’s home phone. The device will record the dates and times of all traveling within and outside of the set boundaries. If any of these records show that a person traveled outside of their boundaries during a time that was not permitted, the probation officer is notified, and the person is charged with a violation. Tampering with the device will also be recorded and considered a violation.

Are you worried that your recent criminal charges will land you with the maximum penalties, like jail or house arrest? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our skilled and aggressive criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

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.

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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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How to Request Early Termination of Probation in Indiana

Posted on February 16, 2021 by admin

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.

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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.

What To Expect While On Probation

Posted on April 25, 2017 by admin

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Several offenders are put on probation each year, usually as an alternative to jail time. If you are one of these individuals, you should be relieved. Probation is a more lenient consequence to criminal charges compared to doing time in jail. After all, no one in their right mind wants to spend time behind bars, so it comes as no surprise that most offenders accept and appreciate probation in lieu of incarceration.

Although probation can be easy with cooperation, it can still be a scary time for anyone, especially first-time offenders. For this reason, it is helpful, and often comforting, to know what probation will mean for you. Continue reading to learn what you can expect while on probation in Indiana.

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.

General Conditions of Probation Include:

☛ Offenders must obey all laws and refrain from all further criminal activity.

☛ Offenders must satisfy all court-ordered penalties, such as community service, fines, fees, alcohol and drug education courses, counseling, substance abuse rehabilitation, and more.

☛ Offenders must be present and on-time for all probation meetings with their assigned probation officer.

☛ Offenders must refrain from all alcohol and drug use.

☛ Offenders must refrain from being in the company of other convicted felons and criminals.

☛ Offenders must take and pass all drug screenings on the date they are scheduled.

☛ Offenders must remain in the state.

☛ Offenders must maintain full-time employment.

☛ Offenders must immediately inform probation officer of address and job changes.

Probation Violations

If you break any of the rules of your probationary terms, your probation officer will find you to be in violation of your probation. Whether you are 5 minutes late for a probation meeting, or caught in a routine traffic stop with a convicted felon in your company, you will face penalties for the violation regardless of how minor the infraction. It is important to have an experienced Indianapolis criminal defense lawyer on your side to help you navigate all your probation violation legal problems. They are your best chance at avoiding the maximum penalties for probation violations, such as hefty fines, extended probation, and even jail time.

Indianapolis Criminal Defense

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense against probation violations in Indianapolis, Indiana. Our law firm has the experience, resources, and determination to build you an impactful defense to protect your rights and preserve your freedoms. We offer free initial consultations to discuss your criminal charges and strategies for defense.