Violation of Community Corrections/Probation

Violating a Suspended Sentence Can Put You Back in Jail

An Experienced Violation Attorney Can Help Get You Another Chance

When a person is convicted of a crime in Indiana, the Court can do one of two things with that person: put them in jail or suspend their sentence. Suspended sentences are served either on Community Corrections or on Probation.

Many courts consider a suspended sentence to be a “second chance” for a person who’s been convicted of a crime, and some courts are really reluctant to give a person a third chance. If you’ve been accused of violating your Community Corrections or Probation sentences, you need tough attorneys like the ones at Razumich & Delamater to help you convince the court that you deserve another chance.

A Suspended Sentence is Only as Hard as You Make It

The rules for being on a suspended sentence are straightforward and not complicated. The general requirements of serving a suspended sentence are:

  • Don’t commit any new crimes
  • Don’t consume any drugs or alcohol without a prescription from a doctor
  • Show up to meet with your Corrections Officer whenever directed

Most violations are caused by failing to do one of those three things. Sometimes a violation can also occur if any special monitoring equipment you might have (like a home detention monitor) is improperly charged, or if you fail to return to a work release facility as directed.

Violating a Community Corrections Sentence Also Violates a Probation Sentence

Many times, a Court will order a suspended sentence to start at Community Corrections and end on Probation. When a person violates a condition of a Community Corrections sentence, the Probation Department can also file a separate violation, even if a person hasn’t started the probation part of their sentence, yet. Because of the danger of a minor violation causing a huge risk of years in prison, it’s very important to have attorneys who will fight for your freedom on your side.

Violation Cases Have a Lower Burden of Proof

While a person still has the right to challenge the evidence against them in a violation hearing, and to question his accusers, there are some key differences between a violation hearing and an original trial, including:

  • You cannot have a Jury Trial in a violation hearing
  • The burden of proof is a lower, “Preponderance of the Evidence” standard
  • The Rules of Evidence are less strict, and “Reliable Hearsay” can be used against you

The attorneys at Razumich & Delamater understand that we’re all human, and we all make mistakes. If you or someone you know has been accused of violating their Community Corrections or Probation, contact us today to get the best help possible at convincing the Court that you deserve another chance.

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