If someone faces criminal charges, a court order of probation could be among the best possible outcomes. Many criminal charges can lead to incarceration if someone pleads guilty or gets convicted at trial.
When the state has strong evidence, a defendant may not want to take the case to trial because they assume that they cannot successfully defend against the state’s evidence. Sometimes, those accused of major criminal violations can avoid incarceration because a judge orders them to undergo a period of state supervision or probation instead.
Probation is a sentence often handed down as an alternative to incarceration, but that doesn’t mean someone can do whatever they want after their trial. Indiana criminal judges typically impose multiple restrictions on the behavior of those subject to probation. A prohibition on criminal charges during probation is a nearly-universal requirement set by the courts.
What happens if someone gets arrested again while currently serving a probation sentence?
Probation might end after an arrest
To successfully complete probation, someone must complete all of the requirements imposed by the courts. They typically need to meet regularly with a probation officer, submit to randomized drug screenings and avoid certain types of socialization. Prohibitions on alcohol consumption or direct interactions with those involved in criminal activity are common probation requirements.
If police officers observe someone breaking the law or believe that someone has violated the terms of their probation, they may arrest that individual. Indiana law authorizes the state to revoke someone’s probation and potentially incarcerate them for an arrest.
Someone’s prior record, the existence of major aggravating factors and even the cause of their secondary arrest could all influence how the courts handle an alleged violation of probation. It is typically in the best interests of those sentenced to probation to very carefully adhere to all state requirements for their own protection.
Those accused of a probation violation or arrested while on probation do still have rights, including an opportunity to explain the situation to a judge. Defending against allegations of a probation violation can be as important as fighting against criminal charges initially. Those who understand how the state penalizes probation violations may better respond to a very stressful situation that could have long-term legal implications.