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Understanding probation violations and consequences

On Behalf of | Aug 22, 2023 | Criminal Defense

Probation serves as an alternative to incarceration for individuals convicted of a crime.

It allows them to remain in their community under certain conditions. However, failing to meet the associated conditions leads to probation violations, which results in serious consequences.

Common types of violations

A number of reasons could lead to a parole violation. The most frequent include:

  • Missed appointments
  • Positive drug tests
  • Failure to complete community service
  • Travel violations
  • Committing new crimes

Although evidence must prove a violation happened, any of the above could end with negative results.

Consequences of violations

The Indiana judicial system takes probation violations seriously due to the emphasis on rehabilitation and public safety. A judge can choose from various consequences based on the severity of the violation and the individual’s history.

Minor violations may result in a warning from the probation officer or increased supervision. This aims to correct behavior without resorting to harsher measures. Depending on the violation, a judge might adjust the terms of probation. This could mean more community service, mandatory counseling or stricter curfew rules.

Serious violations could lead to a brief jail stay, often followed by a continuation of probation. This serves as a reminder of the consequences of not adhering to probation terms. In cases of repeated or severe violations, a judge may decide to revoke probation entirely.

Considering that the number of people on probation or parole outweighs the number serving jail time, the courts often strive to seek probation as the best solution. When that happens, those on probation should understand the importance of complying with their conditions to avoid the potential consequences of their actions.