Gibson Law Office
LAFAYETTE: (765) 742-8440 | FORT WAYNE: (260) 739-5425 | BLOOMINGTON: (812) 269-1508 | ANDERSON: (765) 313-7313
MENU
Home
Practice Areas
Blog
Forums
Videos
About Us
Contact Us
Search for:
Probation Violations
Criminal Defense
Battery and Confinement
Crime and Immigration Consequences
Driving While Suspended
DUI (Operating While Intoxicated)
Ecstasy
False Identification – Fake ID
Invasion of Privacy
Marijuana and Drug Crimes
Marijuana Effective 2014
Neglect of a Dependent
Pornography
Probation Violations
Public Intoxication and Underage Drinking
Reckless Driving
Sentences for Felonies 2014
Sentences for Felonies and Misdemeanors
Sex Crimes
Sexual Misconduct
Theft and Shoplifting 2014
Theft, Burglary, and Fraud
Expungement
Juvenile Delinquency
Sealing Criminal Records
College Students
Purdue Conduct Conferences
Purdue CSB Hearings
Purdue International Students
Purdue Expungement
IU Student Criminal Defense
IU Personal Misconduct
IU International Students
IU Expungement
Ball State Criminal Defense
Ball State Expungement
Illegal Dorm Room Searches
Habitual Traffic Violators
Specialized Driving Privileges
Specialized Driving Lafayette
Specialized Driving Bloomington
Specialized Driving Fort Wayne
Home
>
Practice Areas
>
Criminal Defense
>
Probation Violations
Almost all criminal convictions result in some period of probation. If a probationer violates the terms of probation, the prosecutor or probation department may file a Petition to Revoke Probation (“PTR”) and ask the court to issue an arrest warrant. If a person is accused of violating probation, it is crucial to contact an experienced criminal attorney right away. Avoiding jail time often requires immediate action.
If a Petition to Revoke Probation has been filed, it is important to obtain a copy of the PTR to determine what it alleges. For example, in almost all DUI and drug-related cases, terms of probation require the completion of community service and an alcohol or drug abuse evaluation. Plea Agreements usually provide that if these terms are not completed in a timely manner, the defendant must serve a fixed period in jail. An experienced criminal attorney may be able to negotiate an extension of time.
If the PTR alleges the commission of a new crime, the defendant may face more serious consequences for the probation violation than even the new offense. In a pending criminal case, defendants have the right to a trial by jury and to force the prosecutor to prove guilt beyond a reasonable doubt. However, in a probation violation hearing, the prosecutor only has to prove that it is more likely than not that a probation violation occurred. In addition, a PTR will be heard by a judge and not a jury.
Probation Violations Require a Proactive Defense
If a person is charged with a new offense while on probation, an
experienced criminal attorney
may be able to negotiate a plea agreement in the new case that will dismiss the probation violation. A defendant should never appear in court for an initial hearing without an attorney, especially if they are on probation in another case. If a PTR has been filed, there could be an outstanding arrest warrant.
A defendant should never represent himself in accepting a plea agreement, even if the terms appear favorable. By accepting a plea agreement in a new case, a defendant will be required to admit the facts necessary to prove that they violated probation. If a person is on probation and a PTR is filed, they should contact an experienced criminal attorney immediately. Aggressive action is often required to avoid jail time or other sanctions on the PTR.
Recent Blog Posts
View all posts
Court of Appeals Reverses Probation Violation for Failure to Pay
Sitemap
Home
Practice Areas
Videos
About Us
Contact Us
Contact Us
Email:
info@bbgibson.com
Information
Lafayette
Gibson Law Office
133 N. 4
th
St.
Suite 73
Lafayette, IN 47901
Phone: (765) 742-8440
Bloomington
Gibson Law Office
115 N College Ave
Suite 265
Bloomington, IN 47404
Phone: (812) 269-1508
Fort Wayne
Gibson Law Office
701 S. Clinton St.
Suite 300
Fort Wayne, IN 46802
Phone: (260) 739-5425
Anderson
Gibson Law Office
1106 Meridian St
Suite 424
Anderson, IN 46016
Phone: (765) 313-7313
Email:
info@bbgibson.com
Powered by
Kentico CMS
| Built by
BizStream
Copyright ©2019 Gibson Law Office