Probation Violation Lawyer in Indianapolis
Facing a probation violation? Here is what I can do for you.
Call Wynn. (317) 832-1182
Free consultation · Calls answered 24/7
By Myekeal Wynn, Attorney at Law
A violation filing can send you to jail to serve the time that was suspended when you were sentenced. These cases move fast, and the rules are different from a regular criminal case. The sooner you have a lawyer, the more options you have.
What to do right now
Keep reporting and keep testing. Missing appointments or screens after a filing makes everything harder.
Do not skip the hearing. A missed hearing can mean a warrant and a harder fight for release.
Gather proof. Pay stubs, treatment records, class certificates, payment receipts, and anything showing what you have done right.
Do not explain the allegation to your probation officer before you talk to a lawyer. What you say can be used at the hearing.
A violation hearing is not a regular trial
A judge decides the case. The State only has to show the violation is more likely true than not, which is a lower bar than "beyond a reasonable doubt." That is why you need someone ready to challenge the evidence from day one. Ind. Code § 35-38-2-3(f).
Deadlines the State has to meet
The State cannot file whenever it wants. Probation can be revoked only if the violation happened during the probation period and the petition was filed in time. Ind. Code § 35-38-2-3(a).
During probation, or
After probation ends, but only before the earlier of one year after probation ended or 45 days after the State got notice of the violation.
A late petition is one of the first things I check.
Summons or warrant?
When a petition is filed, the judge can send a summons to appear. A warrant is for cases where there is a risk of fleeing or of harm to others. Ind. Code § 35-38-2-3(b). Filing either one pauses the probation clock until the case is decided. Ind. Code § 35-38-2-3(c).
If a warrant has already been issued, I start with a motion to recall it. See how I handle warrants.
Held without bond on a violation
If you are arrested on the violation, you can be held until the hearing. The law limits that: you may not be held more than 15 days without a hearing on the alleged violation. Ind. Code § 35-38-2-3(d).
I ask for release while the case is pending, with a plan the judge can rely on: where you will live, where you work, and what you are doing about the allegation.
I push for a fast hearing date so you are not sitting in jail waiting.
I hold the State to the 15 days.
Your rights at the hearing
Written notice of what you are accused of
The right to see the evidence against you
The right to be heard, and to present witnesses and evidence
The right to question the State's witnesses
The right to a lawyer
A neutral judge, and a written statement of what the judge relied on
If you are held in jail without bond on a probation violation, the law says you may not be held more than 15 days without a hearing. Ind. Code § 35-38-2-3(d).
A new arrest is not automatically a violation
Being arrested or charged with a new crime is not enough on its own. The State has to prove you actually committed the new offense.
More rights the statute gives you
Confrontation and cross-examination. The evidence has to be presented in open court, and you can question the witnesses against you. Ind. Code § 35-38-2-3(f).
A lawyer. Ind. Code § 35-38-2-3(f).
An appeal. A judgment revoking probation is a final appealable order. Ind. Code § 35-38-2-3(l).
Common violations and what the State has to show
Failed or missed drug screen. The State has to prove the result. Collection, chain of custody, and lab records can all be challenged. More on failed drug screens.
Missed appointment. Was it missed, or rescheduled? Were you told the date? Your records and messages matter.
New arrest. An arrest is not proof. The State has to prove the new offense happened.
Classes or treatment not finished. Waitlists, cost, transportation, and work schedules are real reasons. I show the judge what you did to comply.
Unpaid fees. Not being able to pay is not a violation. Ind. Code § 35-38-2-3(g).
Leaving the county or state. Permission, notice, and what your conditions actually say all matter.
Curfew or GPS problems. Equipment fails and records have gaps. I get the monitoring data.
Technical violations versus new charges
A technical violation is breaking a rule of probation, like a missed appointment or a failed screen. A new-offense violation is an allegation that you committed a new crime. Judges tend to treat them differently, and a new charge means two cases to defend at once. I handle both together so what happens in one does not hurt you in the other.
Can't afford to pay? That is not the same as a violation.
Probation cannot be revoked for missing payments unless the failure to pay was reckless, knowing, or intentional. If you could not afford it and tried in good faith, that matters. Ind. Code § 35-38-2-3(g).
Don't sign anything before you talk to a lawyer
You may be asked to admit the violation and waive your hearing. If you do, you give up your rights to a hearing. Talk to a lawyer first. The law requires that you be offered the chance to talk to an attorney before you waive your hearing. Use it. Ind. Code § 35-38-2-3(e).
What the judge can do
Keep you on probation, possibly with stricter conditions
Extend probation by up to one year
Order you to serve all or part of the sentence that was suspended. Ind. Code § 35-38-2-3(h).
Community corrections: work release and home detention
If you are on work release or home detention, the program can change your terms, move you to a different program, or ask the judge to send you to jail or prison for the rest of your sentence. The prosecutor can ask for that too. Courts handle these hearings the same way as probation violation hearings, with the same rights.
Know what the State is asking for. The Indiana Supreme Court held in 2026 that you must get notice of which part of your sentence the State wants to take. Revoking a work release placement is not the same as revoking probation.
Leaving home detention without permission can now be charged as escape, a Level 6 felony, on top of the violation. If you have slipped up, call before it gets worse.
You also earn one day of credit for each day on work release or home detention, plus good time credit. Make sure every day you earned is counted. More on home detention and work release violations.
Drug court and other problem-solving courts
Drug court, veterans court, and mental health court have their own rules. If a violation is alleged, the court can take you into custody, send a summons, or issue a warrant, and it can end your participation in the program. Ind. Code § 33-23-16-14.5. Being terminated can mean facing the original sentence, so these hearings deserve the same fight.
Changing the terms of probation
Probation conditions are not set in stone. A court can hold a new hearing during the probation period and modify the conditions. Ind. Code § 35-38-2-1.8. When the facts support it, I ask the court to change terms that are setting you up to fail, and in the right case to end probation early. See also sentence modification.
Moving or transferring probation
Moving to another county or state without approval can itself be alleged as a violation. Transfers are possible, but they have to be approved first. Talk to me before you move.
How a violation affects expungement and sentence modification
A violation can affect whether and when you can expunge the case or ask for a sentence modification later. Do not assume either one is off the table. Ask me first.
Probation versus parole
Probation is ordered by the judge as part of the sentence, and the judge decides violations. Parole comes after release from prison and is handled by the parole board, with different rules. This page is about probation and community corrections.
How I fight for you
I get the paperwork and the evidence. The petition, the probation or program records, drug screens, monitoring data, and police reports.
I challenge the violation. Did it happen? Can the State prove it? Was it willful?
I am ready for the hearing. I am never afraid to make the State prove its case.
I fight the sanction. If the judge finds a violation, I show who you are: treatment, work, family, and progress, and I push for the least restrictive result.
What I bring to the fact-finding hearing
At the fact-finding hearing, which the court may call a dispositional hearing, the judge decides what happens to you. I do not show up empty-handed.
A treatment plan. Where you are enrolled, who is treating you, and what comes next.
Letters from your employer. Proof that you are working and that your job is waiting.
Proof of payments. Receipts for fees, fines, restitution, and child support.
Clean screens since the filing. Evidence that the problem is being handled.
Emails with your case manager. A record of your effort to stay in contact and comply.
The judge is deciding who you are today. I make sure the judge sees it.
Counties I serve
Marion County and the surrounding counties: Hamilton, Hendricks, Johnson, Boone, Hancock, Morgan, Shelby, and Madison, plus Monroe County.
Common questions
Will I go to jail for a probation violation? Not automatically. The judge can keep you on probation, extend it, or order some or all of the suspended time. I fight for the least restrictive result.
I failed a drug screen. Is that a violation? It can be alleged as one, and the State still has to prove it. Test procedures and records can be challenged.
I picked up a new charge. Is my probation over? No. An arrest alone is not a violation. The State has to prove the new offense happened.
My probation already ended. Can they still file? Only within the deadlines in the statute. After that, it is too late.
Is there a warrant out for me? I can check, in any Indiana county, and move to recall it.
What happens next
Free consultation. You or a family member can call. Consultations are by phone or Zoom.
Review. I pull the petition and the records.
Strategy. We decide together how to fight it.
Hearing. I stand with you in court.
Related: warrants, sentence modification, drug charges, criminal defense.
Let’s get ready for your hearing together
Call Wynn. (317) 832-1182
Tell me what happened
Tell me the county, what the violation is, whether there is a warrant, and your next court date. I will review it and reach out to set up your free consultation.