Top Parole Violation Defense
The odds of stoping the MTR are much higher with a skilled lawyer! You need advice from an experienced parole attorney.
If you have been arrested or there is a warrant issued for your arrest for an alleged probation, parole or community supervision violation, it is crucial that you hire an experienced motion to revoke defense attorney to represent you . At The Law Offices of Chris Eskew, we work to defend people against motions to revoke their probation & parole. The most common reasons for your parole or probation to be revoked are:
- Failure to Check In with PO
- Failed Drug Test
- Charged With Another Crime
- Failed To Pay Fines or Restitution
- Didn't Finish Community Service
- Left The County
Attorneys experienced in motion to revoke orders are an invaluable resource during your hearing
The Indianapolis Parole Lawyer, Chris Eskew will Protect Your Constitutional Rights!
If you have been placed on parole after being convicted of a crime, it is important to understand the terms of your probation and how to adhere to the guidelines set in place for you. It is even more important that you retain an experienced motion to revoke defense lawyer in the event that you believe you will not be able to remain within the bounds of your parole or have already committed a parole violation.
At my Indianapolis law office, I personally handle probation and parole violation cases. I am experienced MTR defense lawyer Chris Eskew. I can assist you in fully understanding the terms of your probation or parole and how to fulfill them, or defend you in the event that there is an accusation of one or more probation or parole violations. Contact my office to schedule your Free Consultation.
If you are facing probation violation charges, the court will ask you to admit or deny that a violation has occurred. Before stating your case, one way or the other, I can help you determine the best way in which to answer that question depending on your situation. If you confess, punishments such as community service, jail time or fines may be imposed without you being able to explain the situation
Unlike in a criminal trial where the State has the burden to prove your crime beyond a reasonable doubt, in a hearing to revoke your probation or parole the State only has to prove your violation by the preponderance of the evidence - a standard that requires less convincing evidence.
Indiana Probation and Parole Violation Defense
Under Indiana law, probation is regarded as a privilege, not a right, and in theory, probation can be revoked for any reason or no reason at all. As a practical matter, however, the risk of imprisonment on a suspended sentence will usually only come up when the probationer is charged with a violation of a condition of probation, or is arrested for a new offense. If you find yourself in either situation, contact a parole violation lawyer immediately for a free consultation about your legal options and to minimize the possibility of prison. Free Consultation
Alleged probation violations such as a failed drug or alcohol test, a missed appointment with a probation officer, noncompletion of a court-ordered treatment or counseling program, or association with a known criminal can all result in a motion to revoke your parole, where the court will determine whether the violation occurred as charged. Unlike criminal proceedings, a motion to revoke hearing is conducted without a jury and the prosecution need not prove your guilt beyond a reasonable doubt. Instead, revocation of probation can be based on the judge's finding of a violation by a preponderance of the evidence, which simply means that it is more likely than not that the violation of probation occurred. Free Consultation
In cases alleging probation violations such as those outlined above, we can work with the prosecutor to make sure that your side of the story is clearly presented before the matter goes to a hearing. Our objective is to convince the prosecutor that the violation is not serious enough to justify committing our client to prison. Our familiarity with the policies and practices in many different Indiana counties gives our clients a significant advantage--we can negotiate with the prosecutor from a position of strength based on our knowledge of which violations are taken most seriously in a given locality. Free Consultation
When our client on probation is arrested on a new offense, however, most Indiana counties take a hard position on the matter. The probationer is exposed both to the risk of receiving the maximum sentence possible on the prior offense, while receiving a consecutive sentence if convicted on the new offense. Our intensive investigation of the circumstances of the new charge together with our client's overall background and performance is intended to first, obtain a dismissal or acquittal of the new charges, and next, do everything possible to make sure that any new sentence runs concurrently instead of consecutively with the older suspended sentence. Our skill with the presentation of mitigating circumstances at the sentencing phase of criminal cases can help you avoid the worst consequences of a conviction of a new offense while on probation. Free Consultation
At the Law Firm of Chris Eskew, we perform similar client service for persons who have been released from prison on terms of parole. The main difference between parole and probation revocation proceedings is that parole cases are charged and heard before the Indiana Department of Corrections. For a free consultation about the range of our experience in both probation and parole violation cases, contact us for a Free Consultation
If you have been convicted of a crime in the past, you may have been put on probation as part of your sentence and is given after a defendant has spent a certain amount of time in jail. Probation must be taken very seriously because any type of violation could cost you your freedom. Probation means your jail sentence was suspended and violating probation can mean having to return to jail to fulfill your entire jail sentence. If you think you may have already violated your probation, it is vital during this time to have experienced probation violation defense attorneys by your side. Free Consultation
Terms and conditions of a probation will usually include some or all of the following:
Alcohol and/or drug testing
Depending on the criminal charges, a probation period usually lasts between 2 and 3 years. In more severe cases, such as felony charges, it can least between 5 and 6 years. Although some probation violations may only result in a warning and a second chance will be given before further action is taken, this is not always the case and jail time may result. A skilled probation violation lawyer can reduce or even eliminate any consequences that may result from violating your probation. Don't fight this alone! Free Consultation
There are many ways someone may violate their probation. New criminal charges, failing a drug or alcohol test, and failing to report to the probation officer are just some of the many things that can get you in trouble if you are on probation. Aside from jail time, some other serious consequences that can result from probation violation may include amendment of probation terms, extension of the probationary period, revocation of the probation, and the list goes on. Hiring a motion to revoke lawyer that is experienced in handling these types of situations will help to improve your chance for the best possible outcome. Free Consultation
Probation Violation/Violation of Probation (VOP)
If you are accused of violating your probation (VOP) in the state of Indiana, know that you run the risk of having your probation revoked. A judge will sign a warrant for your arrest. Once you are brought into county jail, you may be kept there without bond. There is no statute of limitations for violating your probation. Free Consultation
A probation officer can accuse you of violating your probation in the following ways:
1.You violated a "technical" condition of your probation. For example, you failed to show up for an appointment with your probation officer or did not pay fines that were part of the conditions of your probation.
2.You are charged with committing another crime.
When you violate your probation, you do not have a right to a trial before a jury, and the burden of proof of your violation is based on a preponderance of evidence. This means that the prosecutor must only prove that you more than likely violated your probation. You can also be called as a witness at your own hearing. Free Consultation
If you are found guilty of violating your probation, more conditions may be added to your probation terms. Your probation period may be lengthened or revoked, and you may even face time in jail or prison.
There are several kinds of probation that are issued by the Indiana Department of Corrections:
1.Probation—requires the offender to obey certain conditions of probation and be in regular contact with probation and parole officers.
2.Administrative Probation—places the offender on probation but does not require them to be in regular contact with a parole or probation officer.
3.Community Control—requires the offender to be under supervised custody. The offender's freedom is restricted to a certain type of residential setting and may include surveillance by officers.
4.Community Control II—24 hours a day/ 7 days a week supervision by probation officers that may include spending a set amount of time in residential confinement. This may include 24/7 electronic surveillance.
5.Sex Offender Probation—offender must follow a treatment plan and be under strict supervision by a surveillance officer.
6.Drug Offender Probation—offender under goes treatment, random drug testing, and strict supervision. An experienced criminal defense attorney can inform you of your rights and represent you at your probation violation hearing.
Motion to revoke lawyers at the Law Firm of Chris Eskew are criminal defense attorneys with over 34 years experience in successfully handling probation violation cases. Our probation attorneys have represented clients in all areas of criminal law. Chris Eskew is an advocate of your rights and will do everything he can to defend you. Free Consultation
If you have been arrested for violating your probation in, your freedom is too precious to entrust to someone with less experience. Call Now!
We offer a free initial consultation and confidential case analysis so that you may consult with a lawyer, understand your rights and determine the best action to take. Call us immediately at 888-232-7313!
What Should I Do If I Have Violated Parole or Probation?
Being arrested for a probation violation is a serious charge that could land you back in prison for the remainder of your sentence. In addition, probation violation penalties may be added on that prolong your time in jail or increase the severity of your sentence. If you have recently been released from prison on parole, remember that you do not yet have complete freedom to do as you wish. There are strict rules that you must follow to avoid being sent back to prison. Free Consultation
Situations to Avoid.
The easiest way to prevent a violation is to know all of the conditions of your parole. Consult with your probation officer and be sure that you understand what you can and cannot do while on probation. In general, avoid the following situations and actions, which are often considered to be violations: Free Consultation
Leaving your house while under house arrest
Failing to pass a drug test or sobriety test
Disobeying a restraining order
Not reporting to your probation officer at the time and date specified
Committing or being involved with criminal activity
Receiving a traffic ticket
Contact a skilled parole lawyer immediately!
Some of these offenses may seem very minor, but the consequences of violation can be severe. If you know you have violated your parole, contact a criminal defense attorney immediately. If you are able to consult with an attorney prior to being arrested for probation violation, the penalties you face may be less severe. For instance, an attorney may be able to file for bond on your behalf so that you do not have to sit in jail until your hearing. Free Consultation
For More Information
Committing a probation violation does not necessarily mean that you will be sent back to prison. A good criminal defense lawyer can defend your freedoms in court and may be able to give you a second chance at parole. For more information on probation offenses and preparing a good defense, submit your information through the contact form and one of our Experienced Parole Attorneys will call you immediately or call our office at 888-232-7313. Free Consultation
Often our motion to revoke attorneys can eliminate criminal charges for our clients by entering a plea bargain requiring them to serve a probationary period instead of going to jail. Most clients are extremely happy with this result, but it is easy to overlook the severity of probation or parole. Clients easily forget that a violation of probation results in prison time and it is much more difficult to keep a client out of prison after a probation or parole violation than when first charged. If you need help or have questions regarding probation or parole in Indiana and would like to speak with an experienced motion to revoke defense lawyer contact us at 1-888-232-7313 for a free consultation at no obligation. Free Consultation
Violating the Rules of Your Probation
Even if someone merely claims that a client has violated probation, that client may face the original jail sentence they would have served, but not for the probation. Thus, a supposed violation puts the client back at square one and a new criminal defense much be launched. The downside is that the client does not have as many rights when launching a criminal defense against a probation violation as he does when defending the original charge. For starters, there is no right to a trial by jury, and the claim does not need to be proved beyond a reasonable doubt. It usually comes down to the client's story versus the probation officer's story, and it is very difficult for a client to seem more credible than a probation officer, especially since the judge usually knows the probation officer. It is important to note that the probation officer will usually make a recommendation to the judge as to what your sentence should be. Free Consultation
Handling a Probation Violation
Since the probation officer can make a recommendation to the judge as to what your sentence should be, when dealing with a probation violation, our motion to revoke parole attorneys objective is to prevent the officer from recommending prison time as a sentence. We have been working as a criminal defense lawyers in Indiana for over thirty five (35) years, and I have genuine knowledge of what probation officers need to see in order to prolong your second chance. I will level with your officer to make sure he/she knows how seriously you take your probation. Even if you did not report a new address, missed an appointment here or there, or failed a drug test, I may still obtain a favorable result on your behalf. Free Consultation
Handling a Parole Violation
Parole is different than probation. Parole occurs when a person is released from prison, and a parole violation is handled in a different manner than a probation violation. While both parole and probation violations result in hearings, parole violation proceedings are much more rigid than probation violation proceedings and the outcome is less determinative on the client and defense attorney's relationship with the officer. Instead of convincing the probation officer to refrain from making a jail recommendation to the judge, at a parole hearing, I must launch a defense against the alleged violation, argue the facts and demonstrate that the client's violation was not harmful to the community and will not be repeated. Free Consultation
What Is A Violation Of My Probation
Probation is sometimes part or all of a criminal defendant's sentence. Probation allows an individual to remain a member of the community after his or her jail time (if any) has been successfully completed. A probation violation can send that individual to jail, or have other adverse consequences.
Probation: Not the Same as Parole
It's important to not confuse probation and parole :
Probation follows a county jail sentence, or is given as the sole consequence of a crime, with no jail time.
Parole follows a state prison sentence. It is granted after a convicted person serves time in prison.
What Is a Probation Violation?
If probation is part or all of the sentence you have been given after a criminal conviction, you should be aware of the various ways that you could violate your probation — because of the negative consequences. Some of the more common probation violations include: Free Consultation
Failure to Appear : A scheduled court appearance is often a condition of probation. The purpose is to provide the court with a progress report on how a defendant is doing in the community. If the defendant doesn't appear for this court appearance, a judge may consider it a probation violation.
Failure to Report : A defendant's probation may require him or her to report to a probation officer at scheduled times. Failure to report as scheduled may result in a probation violation. Free Consultation
Violation of Rules : Probation often includes one or more rules from the judge that prohibit the defendant from visiting certain places or people. If the defendant breaks these rules, it's a probation violation. Free Consultation
Failure to Comply : Mandatory rehabilitation or community service may be part of a defendant's probation.
Failure to Pay : If the defendant doesn't pay a fine or pay restitution to a victim as ordered, the judge may consider this lack of action a probation violation.
Possession of Illegal Substances : Possession of illegal weapons or drugs is a common probation violation.
Committing a Crime : Not committing any further crimes is mandatory during probation. Conviction for a new crime will be a probation violation.
Being Arrested : Regardless of whether someone on probation is charged with a crime, if he or she is arrested during probation, it will probably be considered a probation violation. Free Consultation
We offer a free initial consultation and confidential case analysis so that you may consult with a lawyer, understand your rights and determine the best action to take. Call us immediately at (888) 232-7313. Free Consultation
Contact Indianapolis Parole Attorney Chris Eskew for Immediate Help!
Don't Risk Your Freedom, contact the Indianapolis Parole Lawyers at the Law Firm of Chris Eskew immediately. Simply fill out the free criminal defense case evaluation form above and Mr. Eskew will contact you directly in just a few minutes.
Your future is on the line – Don’t throw fate to the wind. Get a Indianapolis parole violation defense lawyer now.
The Indianapolis Motion To Revoke Defense Attorneys of the MTR Defense We offer a free initial consultation and confidential case analysis so that you may consult with a parole violation lawyer, who understands your rights and will determine the best action to take immediately. Call us at (888) 232-7313. Free Consultation