If you are convicted of a crime in Indiana, the judge in your case has a number of sentencing options. One such option is to place you on probation which allows the court to supervise you while you remain in the community. However, in exchange for being placed on probation, you must sign a contract in which you agree to standard conditions of probation such as: keep the probation department informed of your address at all times, attend all meetings with your probation officer, obey all local, state and federal laws, pay probation supervisions fees, etcetera. You also may have to agree to abide by special conditions of probation related to your case. For example, if you are on probation for a DUI, you will likely be required to attend a program like Mothers Against Drunk Driving (M.A.D.D.), or if you are on probation for domestic violence, you will likely have to attend anger management counseling or agree not to be within a certain proximity to the victims residence, place of employment and not have any contact with him or her period. Whatever the agreed terms, you must comply with every condition of your probation as ordered by the court or face consequences for non-compliance.
In the event that you fail to abide by the terms of your probation or you are arrested for another crime, the probation department notifies the court by filing a Notice of Violation of Probation. The court can then send you a summons to appear before the judge to address the issue or even issue a warrant for your arrest depending on the seriousness of the alleged violation. Once a violation is filed, there are several stages of procedure for resolving probation violations.
The initial hearing provides the court with an opportunity to formally notify you of the alleged probation violations. The court will assure that you understand the allegations and ask you if plan to hire private counsel or be represented by a public defender. The court will also want to know whether you want to admit the alleged violations and resolve the matter or if you want to deny the allegations and set the matter for a contested hearing. At this time, the court will also decide whether you will be held in jail without bail while the probation violation proceedings go forward. If the probation department requests that you be held and the judge believes that you are a flight risk, pose a danger to community or that you will likely commit further crimes, then you could be held pending future hearings. Needless to say, this is a time where it would be wise to have experienced criminal defense attorney Corey L. Scott, at your side to speak on your behalf. Call Attorney Corey L. Scott now at (317) 634-0101, phones are answered 24 hours a day, 7 days a week, 365 days a year.
In a violation of probation proceeding, the contested hearing is equivalent to a trial. As such, just like in a trial, your attorney will be allowed to cross-examine witnesses against you and present evidence on your behalf. However, there are some very important differences to note as well. The most important difference is the burden of proof in a contested hearing. In a criminal trial the State has the highest burden of proof, beyond a reasonable doubt. As such, the State has to prove each element of a crime beyond a reasonable doubt. However, at a contested violation of probation hearing, the State has a lower burden of proof, preponderance of the evidence. This standard which is normally used in civil cases, cannot be reduced to a simple formula but generally means that the State has to present enough evidence to show that you likely committed the allegations. Another difference is that the rules of evidence such as hearsay etcetera are relaxed so that you have less safeguards to protect your rights. With a lower burden of proof and less safeguards to protect you, an experienced criminal defense attorney is a very wise investment. Call Attorney Corey L. Scott now at (317) 634-0101, phones are answered 24 hours a day, 7 days a week, 365 days a year.
Probation Revocation/Probation Violation Agreements
In some cases, it is possible to admit that you have violated probation in some way but reach an agreement that allows you to continue on probation. If you have clearly violated your probation terms, these agreements represent a good resolution for you. Otherwise, if you are found to have violated probation and the judge revokes your probation (ends it due to non-compliance), the consequences can be very stiff, including: losing an opportunity to have a D Felony conviction reduced to a misdemeanor or possibly a lengthy imprisonment and everything that goes with it such as separation from your family, job loss or a permanent felony conviction. Simply put, the stakes are high and you owe it to yourself and your future to hire an experienced criminal defense attorney. Call Attorney Corey L. Scott now at (317) 634-0101, phones are answered 24 hours a day, 7 days a week, 365 days a year.