What Rights Do You Have If Accused of Probation Violation?
Many criminal cases in Indiana result in the criminal defendant being placed on probation. Probation is an alternative to jail time. Instead of being put behind bars, offenders are released into the public under specific court-imposed terms and conditions. When someone is placed on probation, they are required to follow all the conditions set by the court. Some common probation conditions include regularly checking in with a probation officer, submitting to drug and alcohol testing, paying restitution, and performing a certain number of hours of community service. If a probationer violates the conditions of their probation, they may be subject to consequences, additional penalties, and incarceration.
It is crucial to note that when you are accused of violating your probation, you have certain legal rights associated with that accusation and how your case is resolved. Generally, these rights are similar to those you had during your original case, but not exactly the same. The following are some of the rights you have if you are accused of violating probation.
- Right To Notice
You have the right to be notified of the specific allegations against you and the basis of those accusations. You should be provided with a written notice detailing the alleged violation(s) and the evidence your probation officer is relying on.
- Right to an Attorney
If you are facing probation violation allegations, you have the right to legal representation. Hiring an experienced attorney to guide you through the process and advocate for your rights is crucial.
- Right to a Hearing
As a probationer accused of violating your probation, you have the right to a hearing. You have the right to an initial hearing. During this hearing, the court will inform you of what rules you are accused of breaking and explain your rights. The judge may try to resolve the issue at the initial hearing by making you an offer. However, this is not always the case.
You also have a right to a hearing where you can contest the allegations of probation violation and present evidence and witnesses that support your position. However, it is crucial to note that, in the probation violation case, the state is not required to prove its case beyond a reasonable doubt. In a probation violation case, the standard of proof is only a preponderance of the evidence. This is commonly summarized as 51% proof.
- Right To Remain Silent
Like in your original case, you have the right to remain silent and not testify against yourself during your probation hearing. You have the right not to incriminate yourself.
- Right To Confront Witnesses
You have the right to confront and cross-examine the witnesses brought against you during your probation hearing. However, this is considered an administrative hearing and “reliable” hearsay is admissible. If you want to challenge the witness’s testimony, your attorney may need to subpoena them to be present. Otherwise the witness’s notes, or other report may be all that is offered by the State.
Contact and Indianapolis Criminal Defense Lawyer
If you are facing probation violation allegations, you should reach out to an attorney as soon as possible. Our Indianapolis criminal defense lawyers at Rigney Law LLC can help you with your probation violation case.
