Probation and Community Corrections Violations in Indiana – Know Your Rights and Options

Facing an allegation of a probation violation or a community corrections violation in Indiana can be overwhelming. You may fear that a simple mistake will land you in jail to serve out a lengthy sentence. Take a deep breath: Indiana law provides processes and protections for individuals on probation or in community corrections programs. With the help of an experienced Indiana criminal defense attorney, you can navigate the system, protect your rights, and often avoid the worst consequences. This page explains what constitutes a violation under Indiana law (specifically Indiana Code § 35-38-2-3 for probation and Indiana Code § 35-38-2.6-5 for community corrections), outlines the legal process (notice, hearings, and outcomes), discusses potential consequences, and highlights how we can help by negotiating alternatives to incarceration and safeguarding your rights. Our goal is to provide a reassuring, informative guide for anyone facing a probation or community corrections violation in Indiana.

What Is Probation in Indiana?

Probation is a court-ordered period of supervision in the community, typically used as an alternative to incarceration. Instead of serving a full jail or prison term, a person on probation gets to remain in the community under certain conditions set by the court. These conditions are meant to encourage rehabilitation and protect public safety. Common probation conditions include:


  • Regular check-ins with a probation officer (often monthly or as directed)
  • Obeying all laws (not committing any new crimes)
  • Abstaining from drug or alcohol use (and submitting to random drug tests)
  • Maintaining employment or attending school
  • Not leaving the state without permission
  • Completing any court-ordered programs (such as substance abuse treatment, community service, or anger management)
  • Paying all required fines, fees, and restitution (financial obligations to the court or victims)

Probation in Indiana can follow a conviction for misdemeanors or felonies. The length of probation and the specific terms depend on the original offense and the judge’s orders. Importantly, part of the offender’s sentence is usually “suspended” in order to place them on probation – meaning there is jail or prison time hanging over their head that they won’t have to serve if they successfully complete probation. Probation is essentially a second chance, but it comes with strict rules.

What Counts as a Probation Violation? (Indiana Code § 35-38-2-3)

A probation violation occurs when a person on probation fails to comply with any of the conditions set by the court. Indiana Code § 35-38-2-3 defines the framework for probation violations. Under this law, any breach of a probation condition during the probation period can trigger a violation proceeding. In other words, if you do not follow even one rule of your probation, your probation officer can report a violation. Some examples of probation violations include:


  • New Criminal Offense: Getting arrested for or convicted of a new crime while on probation (violating the “obey all laws” condition). This is one of the most serious violations and will almost always prompt a revocation proceeding.
  • Failed Drug Test: Testing positive for illegal drugs or alcohol when your probation forbids substance use. Failing a drug test is a common technical violation.
  • Missed Appointments or Curfew: Not reporting to your probation officer as scheduled, skipping mandated treatment sessions, or breaking a curfew/home detention rule set by the court.
  • Traveling without Permission: Leaving the state or area without prior approval from your probation officer or the court.
  • Failure to Complete Programs: Not completing community service, counseling, or other court-ordered programs within the time frame given.
  • Nonpayment of Fines/Fees: Willfully failing to pay court-ordered fines, fees, or restitution when you have the ability to pay. (Indiana law notes that probation cannot be revoked solely for failure to pay financial obligations unless the failure to pay was reckless, knowing, or intentional, meaning a deliberate evasion of payment. Inability to pay due to genuine hardship is not supposed to land you in jail.)


Essentially, any violation of the terms set out in your probation order – whether it’s a new arrest or a technical misstep – can be considered a probation violation. It’s important to note that Indiana Code § 35-38-2-3 requires timely action by the authorities to accuse you of a violation. A petition to revoke your probation must be filed before your probation period ends or within a specific window after it ends. Specifically, the State must file the revocation petition during your probation or no later than one year after your probation term expires, or within 45 days of discovering the violation (whichever comes first). This provision protects you from having a long-past probation come back to haunt you unexpectedly. If no petition is filed within these time limits, the court loses the power to revoke your probation for that alleged violation.

Indiana Community Corrections Programs and Placement

Community corrections in Indiana refers to alternative sentencing programs that allow an offender to serve their sentence (or a portion of it) outside of jail or prison, under supervision and with strict conditions. Community corrections programs can include:

  • Work release: The person stays at a county-run facility (or work release center) at night and is allowed to go to work or school during the day.
  • Home detention (house arrest): The person must remain at home (often monitored by an electronic ankle bracelet) except for approved activities like work, medical appointments, or other court-approved errands. Image: Electronic ankle monitors are commonly used to enforce home detention as part of community corrections programs.
  • Day reporting programs or treatment programs: The person might be required to check in daily and attend rehabilitation programs or community service instead of being incarcerated.
  • Community service or work crews: In some cases, community corrections oversight might involve performing labor for the county or attending daily community service as an alternative to incarceration.

When a judge directly places an offender into a community corrections program (often as part of a “direct placement” sentence under Indiana Code § 35-38-2.6), it means the individual is serving their sentence under the community corrections supervision instead of behind bars. This is different from probation, although it’s similar in that the person remains in the community. One key difference is who supervises the individual – community corrections programs are typically run by county community corrections departments (often involving more intensive monitoring like GPS trackers or residing in a facility), whereas probation is supervised by probation officers through the court system. Another difference is that community corrections placement is part of the sentence itself (not a suspended portion), so any time served in community corrections counts directly toward the sentence.


Like probation, community corrections comes with a set of rules and conditions that must be followed. These might include staying within designated boundaries, adhering to a strict schedule, maintaining employment, attending counseling sessions, obeying all laws, and not engaging in prohibited behaviors (like using drugs or contacting certain people). The rules can be quite strict – for example, someone on home detention may only leave home for specific pre-approved reasons and might be subject to random check-ins.

What Counts as a Community Corrections Violation? (Indiana Code § 35-38-2.6-5)

A community corrections violation (or violation of terms of placement) happens when a person in a community corrections program fails to follow the rules or terms set for that program. This could include actions like:

  • Tampering with or Removing an Ankle Monitor: Trying to disable electronic monitoring equipment or being absent from the home when you’re supposed to be on house arrest.
  • Leaving the Approved Area: For someone in work release or home detention, failing to return to the facility or home at the scheduled time, or going to locations that haven’t been permitted.
  • Program Infractions: Violating facility rules (for example, in a work release center, things like contraband, failing drug/alcohol tests, or not following staff instructions), or being disruptive in mandatory treatment programs.
  • New Criminal Activity: Committing a new crime while in a community corrections program (this will likely trigger both a new criminal charge and a request to revoke your community placement).

Indiana Code § 35-38-2.6-5 governs what happens if you violate the terms of a community corrections placement. Unlike probation (where a probation officer reports to the court), community corrections has an administrative component: the community corrections director has some authority to address violations directly. Under the statute, if a person violates the terms of their community corrections placement, the director of the program may take certain actions without immediately involving the court:

  • Change the terms of the placement – for instance, impose tighter restrictions or additional conditions (such as adding a curfew or increasing reporting requirements).
  • Continue the placement as is – essentially give a warning and allow the person to remain in the program under the same terms.
  • Reassign the person to a different program – for example, move someone from a less restrictive program to a more structured one (like from home detention to a residential work release facility, if available).
  • Request that the court revoke the placement – in other words, ask a judge to terminate the community corrections placement and send the person to jail or the Department of Correction to serve the remainder of their sentence.


The law requires the community corrections director to notify the court if they administratively change the terms, continue, or reassign the individual as a response to a violation. This keeps the judge informed. Importantly, serious or repeated violations will often lead to the fourth option – involving the court. Additionally, Indiana Code § 35-38-2.6-5(b) provides that the prosecuting attorney can directly petition the court to revoke a person’s community corrections placement if a violation occurs. In practice, this means if you significantly violate the rules (or commit a new offense), you could quickly find yourself facing a court hearing where the judge will decide whether to revoke your placement and send you to jail/prison.


In summary, any non-compliance with your community corrections rules – whether it’s coming home late on house arrest, violating facility rules, or committing a new crime – can be treated as a violation. The immediate consequence might be an in-program sanction or change, but it can escalate to a court matter if the program or prosecutor seeks revocation.

The Probation Violation Process in Indiana: Notice and Hearing

If you are accused of violating probation, there is a specific legal process that must be followed before you can be stripped of your probation and sent to jail. This process is designed to give you notice of the allegation and an opportunity to be heard – essentially respecting your due process rights, since your liberty is at stake. Here’s how the probation violation process typically works in Indiana:


  • Violation Report and Petition: Usually, it starts with your probation officer reporting the violation. The probation department or prosecutor’s office will then file a formal petition to revoke probation in the court that granted your probation. This petition outlines what condition you allegedly violated (for example, “failed drug screen on [date]” or “arrested for theft on [date]”). Remember, as noted earlier, this petition must be filed within your probation period or within the allowed grace period after probation ends.


  • Notice to You – Summons or Warrant: Once the petition is filed, the court will issue either a summons or a warrant for you to appear in court. A summons is essentially a notice telling you when to come to court for your violation hearing – this might be used if the violation is minor or if authorities don’t view you as a flight risk or danger. A warrant is an order for your arrest, used if there’s concern you might flee or if the violation is serious enough that the judge prefers to have you in custody. For instance, if the allegation is a new serious crime or you’ve absconded, expect a warrant and an arrest. Once you’re served with the summons or arrested on the warrant, you are formally notified of the alleged violation. (Notably, issuing the summons or warrant tolls the probation period, meaning your probation stop-clock pauses so that the case can be resolved even if the original end date passes.)
  • Initial Hearing: In many courts, you’ll have an initial hearing (sometimes called an initial probation violation hearing or an initial appearance) where the judge informs you of the allegations in the petition and of your rights. You will be asked if you understand the allegation and whether you want to admit or deny the violation. Often, this is where having an attorney is crucial. You have the right to be represented by an attorney in a probation violation case, and if you cannot afford one, you can request a public defender.
  • Right to Consult an Attorney: Indiana law explicitly gives probationers the opportunity to consult with an attorney before admitting to a violation. Never admit the violation without speaking to a lawyer first. If you admit, you waive important rights (like the right to a contested hearing) and the case moves straight to sentencing. The law even requires that if you decide to admit and waive a formal hearing, the probation officer (and judge) must ensure you understand you’re giving up certain rights. This safeguard is there because sometimes people might feel pressured to admit, but a lawyer can advise if the state’s evidence is weak or if there are defenses to the alleged violation.
  • Evidentiary Hearing (Probation Violation Hearing): If you deny the violation (or simply do not admit it), the court will schedule a violation hearing – essentially a mini-trial but without a jury. At this hearing, the prosecution (often the probation officer or deputy prosecutor) must present evidence to prove you violated your probation. The standard of proof is “preponderance of the evidence,” not “beyond a reasonable doubt.” In plain terms, this means they must show it’s more likely than not that you committed the violation. This is a lower threshold than in a criminal trial, making it easier for the state to prove a violation. However, you still have significant rights: the evidence must be presented in open court, you have the right to confront and cross-examine witnesses against you, and you have the right to present your own evidence or witnesses. You are also entitled to representation by counsel throughout the hearing. For example, if the violation is failing a drug test, the state might call the lab technician or probation officer to testify about the positive result, and your attorney can cross-examine them or present evidence of a possible error. If the allegation is a new offense, often the evidence is the fact of your arrest or a conviction; sometimes the officer or victim from the new offense testifies.
  • No Jury – Judge’s Decision: Unlike a new criminal charge, there is no jury in a probation violation hearing. The judge alone will decide whether the violation is proven. The rules of evidence in probation hearings are somewhat relaxed compared to a criminal trial (for instance, reliable hearsay might be admissible to a degree), but the requirement of fairness still stands – which is why having an attorney to challenge questionable evidence is important. If the judge finds that the state failed to prove the violation, your probation continues as before (with a warning). If the judge finds the violation proven, or if you admitted to the violation, then the process moves to the sentencing phase of the hearing, often immediately.
  • No Automatic Jail – Judge Has Discretion: It’s critical to understand that being found in violation does NOT automatically mean you will go to jail for the rest of your sentence. The court has broad discretion in deciding what consequence is appropriate for a probation violation. Indiana law lays out several options (discussed in the next section). Judges often consider factors like the severity of the violation, whether it’s a first-time violation or a repeat issue, the probationer’s attitude and efforts at rehabilitation, and any recommendations from probation officers (or arguments from your attorney). This is where skilled advocacy can make a huge difference – persuading the court to impose a lenient sanction instead of full revocation.


Finally, note that if you are in jail awaiting a violation hearing (because you were arrested on a warrant and couldn’t bond out), Indiana law says you cannot be held more than 15 days without a court hearing on the alleged violation. This is meant to prevent people from sitting in jail for months on a mere allegation. Usually, violation hearings are scheduled promptly, but your attorney can ensure this right is enforced so you aren’t stuck in limbo.

The Community Corrections Violation Process in Indiana

The process for handling a community corrections violation is similar in many respects to the probation violation process, but there are some differences due to the involvement of the community corrections program administration. Here’s what generally happens if you violate the terms of a community corrections placement:


  • Internal Response by Program: For minor infractions, the community corrections program might address the issue internally first. As noted, the program director has the authority to impose administrative changes like tightening your curfew, increasing drug testing, moving you to a stricter phase of the program, or issuing a warning. You might be called in for a meeting with a case manager or program director to discuss the violation. They could require you to sign a violation report acknowledging the issue and agreeing to comply going forward. This graduated sanctions approach is often used for first-time or less severe violations (for example, coming home 30 minutes late might result in a warning or loss of certain privileges rather than immediate termination of the program).
  • Requesting Court Involvement: If the violation is serious (like absconding from the program, repeatedly breaking rules, or any new criminal arrest), or if you’ve had multiple minor violations already, the community corrections director may decide to request revocation. At this point, they will notify the court and likely work with the prosecutor’s office. Similarly, the prosecutor can independently file a petition to revoke your community corrections placement, especially if a new crime is involved. This petition is much like a probation violation petition – it spells out how you violated the terms of your community placement. Once the petition is filed, the case goes before the judge.
  • Arrest or Summons: Depending on the situation, the court may issue a warrant for your arrest (common if you have absconded or if the violation is egregious) or a summons for you to appear at a hearing. Often, community corrections violations that involve absconding (e.g. cutting off a GPS monitor and disappearing) will result in a warrant. If you are still under supervision and in contact with your community corrections officer, you might be directed to turn yourself in or to appear in court on a certain date. In some instances, individuals are already in custody (for example, arrested by police after leaving a work release without permission), so they will be brought to court from jail.
  • Violation Hearing in Court: Legally, once you’re in front of the judge, you are entitled to essentially the same due process protections as a probationer in a violation proceeding. Although Indiana Code § 35-38-2.6-5 itself outlines what the program or prosecutor can do, it implies that a court hearing is needed for an actual revocation (loss of community placement and commitment to jail). Courts treat community corrections revocation hearings very similarly to probation violation hearings. You have the right to an attorney, the right to present evidence, and the right to require the state to prove the violation by preponderance of the evidence. In fact, many times the petition to revoke community corrections will be accompanied by a petition to revoke probation if the person was also on probation, and the court may handle them together. If it’s solely a direct placement case (no probation involved), the hearing still resembles that of a probation case: the judge hears from the community corrections officers or other witnesses about what rule was broken. For example, if you didn’t return to the work release center one night, a staff member might testify to that. If you failed to meet a requirement of home detention, perhaps the surveillance records or your GPS logs will be presented. You or your attorney can contest this evidence or explain mitigating circumstances.
  • Judge’s Decision: After the hearing, the judge will decide if a violation occurred. If not proven, you stay on community corrections (though the judge might warn you and the program might keep a close eye). If the violation is proven or admitted, then the judge will decide what to do next. At this stage, the judge will consider recommendations from the community corrections officials and arguments from your attorney. Sometimes, the community corrections director might recommend continuing you in the program despite the violation, possibly with modifications (for instance, “Your Honor, this offender violated curfew but we believe he can continue on home detention with added monitoring”). Other times, the program will say they are no longer willing to keep the person (e.g. after multiple chances or a serious breach). The prosecutor will likely argue for revocation if the violation was serious. Your defense attorney’s role is to advocate for you – maybe proposing an alternative (like moving you from home detention to work release rather than full revocation to prison, if the program allows that). Keep in mind, the community corrections statute’s options (change terms, continue, reassign, or revoke) essentially give the judge a range of choices similar to probation’s flexibility. The judge might decide to give you another chance in community corrections or might revoke the placement. In some cases, the judge could convert a direct placement to a probation if appropriate (though that typically would require restructuring the sentence and agreement by parties). The bottom line is, you are not automatically doomed – there is room to negotiate and persuade the court for a second chance, especially with a solid defense strategy.

One important note: credit for time served. If your community corrections placement is revoked, Indiana law and case precedent generally entitle you to credit for the time you already spent in the program. For instance, if you were on work release for 6 months before revocation, those 6 months usually count toward your sentence (just as days spent in jail would). Your attorney should ensure the court awards you credit time for all days you were in the program and complied, so you don’t lose those days if you have to go into custody. Indiana courts have addressed issues like this to prevent unfair punishment on top of what you’ve already done in community corrections. This can be a bit complicated (especially if the program had taken away “good time credit” internally for rule violations – an area the Indiana Supreme Court has looked at), but an experienced lawyer will fight to make sure you get every day of credit you deserve.

Potential Consequences of a Violation: What Can Happen?

If you admit to a violation or the court finds you violated your probation or community corrections terms, the next question is: What will the punishment be? The consequences can range widely. Indiana’s laws give judges flexibility to tailor the outcome to fit the situation. Here’s what may happen under each statute:


For Probation Violations (IC § 35-38-2-3): Indiana Code 35-38-2-3 lays out a menu of sanctions the court may impose if a violation is established. The judge can choose one or multiple of the following options:

  1. Continue You on Probation: The judge might decide not to revoke your probation at all, effectively giving you another chance. Often this comes with a stern warning. The judge may modify or enlarge the conditions of your probation while continuing it. For example, if you violated by missing meetings, the judge might continue your probation but add a condition of weekly reporting, or impose a short term of house arrest or community service as a condition going forward. This outcome is common for minor violations or first-time technical violations.
  2. Extend the Probation Period: The court can extend your probation by up to one year beyond the original end date. This means you’ll be on probation longer than initially ordered. Judges might do this if they feel you need extra supervision or time to complete requirements (like extending probation to allow you to finish paying restitution or complete treatment). It’s basically giving you more time to get things right, instead of revoking you.
  3. Revoke Probation and Impose Jail/Prison Time: The judge can decide to revoke your probation and order execution of all or part of the suspended sentence. This is the most severe outcome – it means you would have to serve some or all of the time that was originally suspended. For instance, if you had a two-year sentence with all time suspended to probation, the judge could order you to serve the entire two years in custody, or just a portion of it (e.g. “serve 6 months in jail and the rest is discharged”). Indiana law explicitly allows the court to impose “all or part” of the suspended sentence, and because the statute says the court may impose one or more of the sanctions, judges sometimes combine outcomes. For example, a judge might order you to serve a short jail stint (say 30 or 60 days) and then return to probation afterward with additional conditions. This is sometimes informally called a “shock” or “dip” in incarceration to encourage compliance thereafter. Once that jail time is done, you’d continue on probation instead of being fully revoked. If the violation was very serious or a new felony, the judge might revoke you fully – meaning you go to the Department of Correction (prison) or jail to serve out whatever time was suspended, and probation is terminated.


It’s worth noting that if the violation involved home detention (being on electronic monitoring as a condition of probation), Indiana law adds a requirement that if revoked, the judge must give credit for time served on home detention against any executed sentence. So you won’t lose credit for the days you already spent on home detention – those days count like days in jail would. Additionally, as mentioned before, failure to pay certain fees or fines cannot be the sole reason for revocation; courts must distinguish between willful nonpayment and inability to pay.


For Community Corrections Violations (IC § 35-38-2.6-5): The possible outcomes for a community corrections violation are conceptually similar but framed a bit differently because of the program’s involvement. Essentially, the outcomes align with the four options given to the community corrections director (and by extension, the court):


  • Continue in Program: The best-case scenario is that you remain in the community corrections program. The judge (or program) might let you continue the placement either under the same terms or with some modifications. For example, if you violated a minor rule, the judge could decide that a warning suffices and allow you to stay on home detention or work release. They might admonish you in court and perhaps add conditions like tighter supervision, but you avoid incarceration.
  • Change of Terms / Increased Restrictions: Sometimes, to address a violation, the terms of your community placement might be changed. This could mean stricter rules or moving you to a more restrictive level of supervision. For instance, if you were on a relatively loose schedule, the court could impose a stricter curfew or require electronic monitoring if you didn’t have it before. If you were in a day reporting program and violated rules, the judge might order you to shift to home detention with an ankle monitor as a consequence, rather than revoking you entirely. If the violation was drug-related, the court might add a treatment program or more frequent drug testing as a new term of your placement.
  • Reassignment to a Different Program: Indiana law explicitly allows reassignment within community corrections. In practice, this means you could be moved from one type of community program to another. A common scenario: someone on home detention violates by, say, leaving the house without permission; instead of revoking and sending them to prison, the judge could reassign them to a residential work release facility where there is more direct supervision (or vice versa, though usually moves go to more restrictive settings). Another example: if a person struggles in a less structured program, they might be placed into a more intensive rehabilitation or monitoring program that better fits their needs – all while still avoiding full incarceration.
  • Revocation of Placement: The most severe outcome is that the court revokes your community corrections placement and commits you to serve the remainder of your sentence in custody. This means whatever time you had left on your community corrections term will now be spent behind bars (either in the county jail or state prison, depending on your case). For example, if you were serving a 3-year sentence on work release and violated after 1 year, revocation would typically mean you must serve the remaining 2 years locked up. Revocation usually happens for serious violations like new crimes or absconding, or after repeated violations where the court loses confidence that you can be managed in the community.


Like with probation, judges can be creative. They might impose a short jail sanction and then allow a return to the program. In some counties, there are structured violation sanctions – for example, a first violation might result in a weekend in jail as a sanction but not full revocation. Communication between your attorney and the community corrections officials is key; sometimes we can negotiate a plan (like enrollment in a treatment program) that convinces the judge to hold off on revocation.


Important: In both probation and community corrections contexts, revocation is essentially a last resort. Indiana’s system, guided by principles of progressive sanctions, generally encourages trying lesser penalties before throwing someone in jail for the remainder of their term. Courts recognize that people can slip up and that not every violation merits full incarceration. Our job as your attorneys is to highlight mitigating factors – maybe you missed an appointment due to a misunderstanding or work conflict, or you tested positive because of a relapse that you’re now addressing in treatment – and to propose a solution that keeps you on track without revocation. We aim to demonstrate to the judge that keeping you in the community (with appropriate safeguards) serves everyone’s interests better than incarceration.

How We Can Help with Probation or Community Corrections Violations

Allegations of a violation do not mean all is lost. We are experienced in defending clients against probation and community corrections violations, and we understand the unique procedures and options available under Indiana law. When you work with us, we provide balanced, reassuring, and proactive representation focused on protecting your rights and achieving the best possible outcome. Here are several ways we assist clients facing these situations:


  • Thorough Case Evaluation & Evidence Review: We start by examining the circumstances of the alleged violation. Was the accusation accurate and can the state prove it? For example, if it’s alleged you failed a drug test, we scrutinize the testing procedure and chain of custody for errors. If you missed a check-in, we gather any proof of extenuating circumstances (like hospital records if you were in the ER). By knowing the evidence, we can determine whether to fight the violation at a hearing or negotiate an admission with minimal penalties. We will also ensure that the petition was filed on time and meets legal requirements – if there’s a procedural flaw (such as filing beyond the allowed period), we can move to dismiss the violation outright.
  • Protecting Your Rights During the Process: We make sure you understand your rights and that they are upheld throughout the proceedings. You have the right to an attorney, the right to a prompt hearing, and the right to contest the allegations. We will demand a hearing within 15 days if you’re jailed pending the outcome, so you aren’t stuck waiting. If you decide (after advice) to admit the violation, we ensure that it’s done knowingly and voluntarily, without giving up more rights than necessary. If you choose to fight the allegation, we will hold the State to its burden of proof and object to any improper evidence. Our firm is there by your side at every hearing, making sure the process is fair and just.
  • Negotiating for Continued Probation/Placement: One of our top priorities is to avoid revocation whenever possible. We will communicate with probation officers, community corrections staff, and prosecutors to explore alternatives. Often, we can negotiate an agreement where you admit to the violation in exchange for a specific, lenient outcome. For instance, we might persuade the prosecutor to recommend continuing your probation instead of revocation, perhaps with an added condition rather than jail. In community corrections cases, we frequently negotiate with program directors to see if they are willing to keep or reassign you rather than terminate your placement. By highlighting your positive progress (maybe you held a job, or this is your only slip-up in months of compliance) and any mitigating factors, we build a case for giving you another chance. Our goal is to present you to the court not as a failure, but as someone who can still succeed with the right support – thereby convincing the judge that incarceration is unnecessary.
  • Proposing Alternative Sanctions: When a penalty is unavoidable, we get creative in proposing alternative sanctions that satisfy the court’s concerns without undue hardship on you. This could include recommending short jail weekends or a brief stint in jail instead of full revocation (sometimes called a “modified sanction”), after which you resume probation or community placement. We might suggest transferring you to a problem-solving court or specialized program (like drug court or veterans court) if that fits, which can address underlying issues and often provides a second chance. For substance-related violations, we argue for treatment-based responses – inpatient rehab, intensive outpatient programs, or counseling – as opposed to incarceration, framing the violation as a sign more help is needed. If community service or additional fines could be an option, we discuss those too. Judges appreciate when defense attorneys come with constructive solutions, and we’ve found that proposing a solid plan can often steer the outcome away from jail.
  • Minimizing Incarceration if Revocation Occurs: In cases where the judge is determined to revoke probation or community corrections, our focus shifts to minimizing the time you have to serve. We advocate strongly for partial rather than full revocations (for example, “Your Honor, we ask that only a portion of the suspended sentence be executed, given the progress our client made for X months on probation”). We also ensure you receive all the credit for time served and any good time credit you’ve earned, whether from time on home detention or in a community corrections facility, as required by law. By carefully calculating and presenting these credits, we can significantly reduce the remaining time the court might order. Additionally, we will ask the court to consider allowing you to serve time locally in a county facility (if that’s shorter or allows work release) versus being sent to the state prison, depending on what is permissible. If eligible, we may seek electronic monitoring or a transition to probation after a certain period. Our attorneys leave no stone unturned to find ways to cut down the impact of a revocation.
  • Advocating for You with a Balanced, Reassuring Approach: Throughout the process, we serve as your voice and support. Violation hearings can feel less formal than a trial, but they are just as critical – we approach the judge with respect and persuasive advocacy, painting a full picture of you as a person, not just an alleged violator. We highlight your accomplishments and the hardships incarceration would cause to you and your family. Our tone in court and our strategy is reassuring and solution-oriented. Judges know that the goal of probation and community corrections is rehabilitation; we reinforce that revoking you might jeopardize the progress you’ve made. For example, if you have a job or are in school, we argue how continued supervision (not jail) keeps you on that productive path, whereas imprisonment could derail your rehabilitation and harm your dependents. We strive to make the court see that giving you another chance is the fair and wise choice.
  • Protecting Your Future Opportunities: A revocation can have long-term consequences beyond the immediate custody. It can affect employment, housing, and more. By preventing revocation or mitigating its effects, we help protect your future. Additionally, if there is an argument to be made on appeal (for instance, if a judge revoked probation on an invalid basis or without sufficient evidence), we can preserve those issues and advise you on further steps. Our comprehensive approach means we’re not just handling the hearing, but looking at the big picture of your life and criminal record.

In sum, we are dedicated to minimizing the impact of a probation or community corrections violation on your life. We know the ins and outs of Indiana Code §§ 35-38-2-3 and 35-38-2.6-5, and we use that knowledge to your advantage – whether it’s leveraging the time limits for filing, the requirement of proof by preponderance, or the flexible sentencing options that judges have. We will stand by your side from the moment you learn of the violation, through the hearing, and to the resolution of the case, fighting to keep you in the community and on track.

Moving Forward: Protecting Your Rights and Freedom

If you or a loved one is facing a probation violation or community corrections violation in Indiana, remember that you are not alone and you are not automatically destined for jail. The law provides opportunities to address violations fairly, and with skilled legal help, many people are able to avoid revocation or serve minimal consequences. Our role as your attorneys is to guide you through this stressful time with knowledge, compassion, and strong advocacy. We take a balanced approach – acknowledging the concern of the courts about violations, but also emphasizing rehabilitation and second chances. Our goal is to help you resolve the violation in a way that keeps your life intact, whenever possible.


Take action quickly if you’re accused of a violation. The sooner we get involved, the more we can do – from advising you before you speak to probation or the community corrections officers, to representing you at the first court hearing. We encourage you to reach out for a consultation so we can discuss the specifics of your situation. We’ll explain your options under Indiana law and how we can fight for you. Facing a violation is undoubtedly nerve-wracking, but with the right legal team, it’s a challenge that can be managed and overcome.


Contact us today at (317) 718-7000 or contact us online for experienced help with Indiana probation and community corrections violations. We are committed to protecting your rights, your freedom, and your future. Let us help you secure the best possible outcome and get you back on track to successfully complete your probation or program. With dedication and knowledgeable counsel, you can move past this hurdle and continue toward a positive future – and we’re here to help you every step of the way.