What Happens if You Violate Probation in Indiana?

What Happens If You Violate Probation in Indiana?

A probation violation in Indiana can put you back in jail to serve the sentence you thought you'd avoided. Many defendants accept probation as part of a plea agreement because the judge or prosecutor believes supervision, and sometimes counseling or treatment, will serve them better than incarceration. But probation comes with strict rules, and violating them can carry serious penalties.

If you've been accused of violating probation, failed a probation drug test, or are worried you may have to serve your suspended sentence, speak with an experienced Indiana criminal defense attorney right away. Call Mo AlMahareeq Law at (347) 889-4944 or complete our online contact form to schedule a free case consultation.

Key Takeaways

Indiana probation is governed by Indiana Code 35-38-2.
A violation does not automatically mean jail. The court can continue probation, modify the conditions, extend probation by up to one year, or order you to serve all or part of your suspended sentence.
You generally have the right to a hearing, where the state must prove the violation by a preponderance of the evidence.
If you're held without bail, you cannot be kept in jail more than 15 days without a hearing.
Probation cannot be revoked for failure to pay unless the failure was reckless, knowing, or intentional.

Conditions of Probation in Indiana

Indiana's probation laws are found in Indiana Code 35-38-2. When a court places you on probation, it must specify your conditions and advise you of the possible consequences of violating them.

Indiana Code 35-38-2-2.3 and the sections that follow list the conditions a court may impose. Common probation conditions in Indiana include requirements to:

Report to a probation officer at reasonable times as directed by the court or probation officer
Work faithfully at suitable employment, or pursue a course of study or career and technical education
Attend or live in a facility established for people on probation
Support your dependents and meet other family responsibilities
Refrain from possessing a firearm or other deadly weapon without written permission from the court or your probation officer
Allow your probation officer to visit you at home or elsewhere at reasonable times
Perform unpaid community service
Submit to periodic drug testing to detect controlled substances
Participate in addiction or mental health counseling, inpatient detoxification, or medication-assisted treatment, including FDA-approved long-acting, nonaddictive medication for opioid or alcohol dependence

Common Types of Probation Violations in Indiana

Probation violations generally fall into two categories.

Technical violations involve breaking a rule of probation without committing a new crime. Examples include missing a meeting with your probation officer, failing or skipping a drug test, missing counseling sessions, failing to complete community service, or traveling without permission.

New offense violations occur when you are arrested for or charged with a new crime while on probation. These are typically treated more seriously and can lead to both a revocation proceeding and a separate criminal case.

What Happens If You Fail a Drug Test on Probation in Indiana?

A failed drug test is one of the most common probation violations in Indiana. Depending on your history and the court's policies, a positive test may lead to an administrative sanction from your probation department, a requirement to complete treatment, more frequent testing, or a petition to revoke your probation. Because the outcome can vary widely, it's important to talk with a defense attorney before admitting to a violation or signing any waiver.

The Indiana Probation Violation Process

Deadlines for Filing a Petition to Revoke Probation

Under Indiana Code 35-38-2-3, the court may revoke probation if you violated a condition during your probationary period and the petition to revoke is filed either during probation or before the earlier of one year after probation ends or 45 days after the state receives notice of the violation.

Summons or Arrest Warrant

Once a violation is alleged, the court may either issue a summons ordering you to appear or issue a warrant for your arrest. Warrants are usually reserved for situations where the court believes you may flee or pose a danger to others. Issuing a summons or warrant pauses (tolls) your probation period until the violation is resolved.

Your Right to an Indiana Probation Violation Hearing

In most cases, the court must hold a hearing on the alleged violation. The court may release you on bail while you wait. If you are not released on bail, you cannot be held for more than 15 days without a hearing.

At the hearing, the state must prove the violation by a preponderance of the evidence, a lower standard than the "beyond a reasonable doubt" standard used in criminal trials. You have the right to confront and cross-examine witnesses and to be represented by counsel.

Waiving Your Right to a Hearing

You may admit the violation and waive your hearing, but only after being offered the chance to consult with an attorney. Before you waive, your probation officer must advise you that you are giving up your right to a hearing in open court, where the state bears the burden of proof, along with your rights to confrontation, cross-examination, and representation by counsel. Because a waiver gives up important protections, speak with a lawyer before agreeing to one.

Penalties for Violating Probation in Indiana

If the Petition Is Filed During Probation

Under Indiana Code 35-38-2-3(h), if the court finds you violated a condition of probation and the petition was filed during the probationary period, it may do one or more of the following:

Continue your probation, with or without modifying or adding conditions
Extend your probation by up to one year beyond the original period
Order you to serve all or part of the sentence that was suspended at your original sentencing

If the Petition Is Filed After Probation Ends

If the violation occurred during probation but the petition was filed after probation expired, the court may either reinstate your probation, with or without additional conditions, as long as the original and reinstated periods combined do not exceed the maximum sentence for the underlying offense or order you to serve all or part of your suspended sentence.

Home Detention Violations

If you violated a condition of home detention, the court may impose any of the sanctions above and may also award accrued time and good time credit, if applicable, under Indiana Code 35-38-2.5-5.

Can Indiana Revoke Probation for Failing to Pay Fines or Fees?

Failure to pay fines, costs, or fees required as a condition of probation cannot be the sole basis for sending you to the Department of Correction. Probation also cannot be revoked for failing to meet financial obligations unless you recklessly, knowingly, or intentionally failed to pay.

In addition, Indiana Code 35-38-2-3(n) provides that failing to pay certain fees and costs assessed under Indiana Code 33-40-3-6, 33-37-2-3(e), or 35-33-7-6 is not grounds for revoking probation.

What to Do If You're Accused of a Probation Violation

If you learn that a petition to revoke has been filed against you, take these steps right away: contact a criminal defense attorney before speaking with your probation officer about the allegation, avoid signing any admission or waiver until you've had legal advice, gather records that support your compliance (such as treatment attendance, pay stubs, or community service logs), and appear at every scheduled court date.

Frequently Asked Questions About Indiana Probation Violations

Will I go to jail for violating probation in Indiana?
Not necessarily. The court can continue your probation, add conditions, or extend it by up to a year. However, the judge also has the power to order you to serve all or part of your suspended sentence, which is why an experienced defense matters.

How long does the state have to file a probation violation in Indiana?
The petition must be filed during probation or before the earlier of one year after probation ends or 45 days after the state learns of the violation.

Can I get bail for a probation violation in Indiana?
The court may release you on bail pending your hearing. If you are held without bail, you must receive a hearing within 15 days.

What is the burden of proof at a probation violation hearing?
The state must prove the violation by a preponderance of the evidence, meaning it is more likely than not that the violation occurred.

Can my probation be revoked if I can't afford my fines?
Only if the court finds you recklessly, knowingly, or intentionally failed to pay. Inability to pay alone is not enough.

Facing a Probation Violation in Indiana? Call Mo Today.

A probation violation can dramatically change your sentence and, in serious cases, send you back to jail. But that outcome isn't inevitable. Hiring a skilled Indiana probation violation lawyer puts you in the best position to stay on probation and out of custody.

Mo gives his clients valuable insight into how prosecutors handle probation violation cases and the strategies they commonly use. He understands how Indiana's criminal justice system works and how to protect people accused of violating probation. To give yourself the best chance of staying out of jail, call Mo AlMahareeq Law today at (347) 889-4944 or complete our online contact form to schedule a free case consultation.