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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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  5. So, A Violation of Probation Has Been Filed: Now What?

So, A Violation of Probation Has Been Filed: Now What?

On Behalf of Dixon & Moseley, P.C. | Feb 27, 2018 | Criminal Law, Violation of Probation

Probation is often a tool used by trial courts and is normally within their discretion to order in most cases. It is obviously a desirous outcome for judges, the community, and defendant. Most of the time it keeps the defendant out of jail, at home and work, and the taxpayers from paying for criminal incarceration. However, violations of the terms of probation, such as drug use determined by a positive drug screen, may result in a violation of probation (VOP) being filed by probation and the defendant’s probation revoked and he or she sent to prison for the balance of the sentence. This blog covers four key points every defendant should know and consider if faced with a VOP filing.

First, unlike a criminal conviction, where the State has made its case against you (the one you are most likely on probation for) beyond a reasonable doubt, the State must show by a preponderance of the evidence the basis for the VOP. What this means is it is much easier for a defendant to be violated than convicted in the first place. For this reason, it is imperative to prepare a defense to the alleged violation, or if possible, have an agreement to an admission and terms. Unfortunately, many defendants do not consider this and just show up and admit to the violation, limiting any ability to minimize the implications of the alleged VOP or show it is untrue. An admission means legally it occurred as a matter of law.

Second, to prepare a defense, it takes time and must begin before the day of the VOP hearing. This preparation may require subpoenaing witnesses for testimony or having certified documents—all evidence–to present in your defense. Both of these types of evidence take time to procure. In addition, and related, it is important to fully work through the facts of your alleged VOP with your defense counsel to distill defenses. An alleged VOP is just that—an allegation—not a de facto determination by a court that you violated probation. However, to prepare a defense, as necessary, depending on the allegation, the facts must be developed and evidence determined; this, again, takes time and planning. The last-minute preparation the day of trial is likely too late and may erroneously lead to being violated.

Third, alternatively, skilled defense counsel may negotiate an admission to the VOP with the prosecution in advance for an agreement to a certain “plea” or outcome, such as admission to the violation where you stay on probation or only serve a short time in jail. In this case, assuming it is approved and ordered by the judge, the outcome is more certain than admission with no plan of defense or agreement. These steps minimize the risk of your worst day in court and outcome, namely revocation of your probation and serving your full back up time.

Fourth, a determination that a probationer is in violation of probation is a final appealable order. Therefore, it is key—if defending against the alleged VOP—to make the record at the trial court. In other words, the defense and the relevant evidence that is known to you to support your defense must be put into an admissible format and admitted into the evidence during the hearing for the trial court to consider in deciding on the VOP. Without this, it reduces the chances for relief (such as reversal) on appeal. Further, determination of a violation after a trial must be appealed within thirty days or the right to appeal is forfeited.

This blog is written by attorneys at Dixon & Moseley, P.C. who handle a wide array of criminal cases, including violations of probation, throughout the State of Indiana. This blog is written for general informational purposes. It is not specific or general legal advice or a solicitation for services. It is an advertisement.

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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Recent Posts

  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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