What Are Conditions of Probation?
If you are convicted of a criminal offense in Indiana part of your sentence may include probation. Probation is a particular type of sentence that involves oversight of a convicted person and comes with specific conditions and restrictions. Indeed, anyone on probation must adhere to certain conditions, which can include requirements for meeting with a probation officer, as well as other conditions specific to the individual’s case and offense. To be clear, the details of the criminal offense that resulted in a sentence including probation, and the type of probation, will determine the conditions of probation for each individual. There are different statutory conditions of probation, for example, for certain types of offenders, including for sex offenders and for persons convicted of stalking.
Our Indianapolis criminal defense lawyers can provide you with more information about conditions of probation under Indiana law, and we can assist you if you have any questions or concerns about your conditions of probation.
Understanding Conditions of Probation in Indiana
Most matters pertaining to probation in Indiana are governed by Indiana Code Sections 35-38-2-1 through 35-38-2-3. Once a person is placed on probation in Indiana, the court is required to do the following according to the statute:
- Specify in the record the conditions of probation; and
- Advise the person that if the person violates a condition of probation during the probationary period, a petition to revoke probation may be filed…
In short, all individuals who are placed on probation are given specific conditions of probation. If a person violates the conditions of probation, they can have probation revoked, and they may be required to complete a term of incarceration. According to the Indiana Code, in addition to specific conditions of probation for a particular individual, all people, unless they are found indigent, who are placed on probation must pay certain fees, including an initial probation user’s fee and monthly probation user’s fee, as well as certain medical tests and deterrent fees, and an administrative fee.
Specific Conditions of Probation Based on Convicted Offense
Most people on probation will be subject to some form of monitoring as a condition of probation, including regular meetings with a probation officer. Then, the specific conditions of probation will be determined on a case-by-case basis, based on the offense for which the person was convicted or for which they pleaded guilty. Specific conditions may be placed on individuals convicted of drug and alcohol offenses, certain sex offenses, stalking offenses, and other types of violent offenses. Some of these additional statutory conditions include but are not limited to:
- Payment of an alcohol and drug countermeasures fee;
- Registration with local law enforcement;
- Consent to the search of a personal computer or other device at any time; and/or
- Participate in a treatment program.
Some conditions are prohibitions — things that an individual on probation cannot do, such as use social media or live in a certain location.
Contact an Indianapolis Criminal Defense Lawyer
Whether you need assistance with a guilty plea and seeking a sentence that includes probation instead of incarceration, you have questions or concerns about the conditions of your probation, or you need assistance after being accused of violating a condition of probation, a lawyer can help. One of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC can speak with you today about probation in Indiana, and we can assist you with the particular issue or issues in your case. Contact us today to learn more.
Source:
law.justia.com/codes/indiana/title-35/article-38/chapter-2/
