Probation is a second chance with strings attached: report when you’re told, pass the drug screens, pay what the court ordered, stay out of new trouble. When probation believes one of those strings has been broken, the State can file a petition to revoke probation (often called a “PTR”). For a lot of people in Greene, Monroe, Lawrence and Owen Counties, that petition is the first time they realize how much of the original sentence is still hanging over them. Here is how the process works in Indiana and what to do if you’re facing one.
What counts as a probation violation
A violation is any failure to follow a condition of your probation. They usually fall into two groups:
- Technical violations — missing an appointment with your probation officer, a positive or missed drug screen, not finishing treatment or community service, leaving the county or state without permission, missing curfew.
- New offenses — being arrested for or charged with a new crime while on probation.
A new charge creates two separate tracks: the new criminal case, and the probation case. The probation side uses a lower standard of proof (more on that below), so it can move forward on its own schedule.
How the petition gets filed
Under Indiana Code 35-38-2-3, the court can revoke probation if a condition was violated during the probation period and the petition is filed during probation, or after it ends but before the earlier of one year after probation ended or 45 days after the State learned of the violation.
Once a petition is filed, the court can either issue a summons ordering you to appear, or a warrant for your arrest if there’s a risk you’ll flee or harm someone. Either one pauses (“tolls”) your probation period until the petition is resolved, so the clock on finishing probation stops running.
If you’re held in jail on a violation
The court can set bail while the petition is pending. If you aren’t released on bail, Indiana law says you can’t be held in jail for more than 15 days without a hearing on the alleged violation (IC 35-38-2-3(d)).
Your rights at a violation hearing
A probation violation hearing isn’t a jury trial, but you still have real rights. Under IC 35-38-2-3(f):
- The State has to prove the violation by a preponderance of the evidence, meaning “more likely than not.” That’s a much lower bar than “beyond a reasonable doubt” in a criminal trial.
- The evidence has to be presented in open court.
- You have the right to confront and cross-examine the witnesses against you.
- You have the right to be represented by a lawyer.
Admitting the violation and waiving the hearing
Sometimes a probation officer will offer the option to admit the violation and skip the hearing. Indiana law allows that, but only after you’ve been offered the chance to talk to a lawyer, and the probation officer has to tell you that waiving the hearing means giving up the rights listed above. In that situation the sanction has to follow the progressive sanctions schedule adopted by the Judicial Conference of Indiana (IC 35-38-2-3(e); IC 11-13-1-8).
Admitting can be the right call in some cases. It’s still a decision with consequences, and it’s worth understanding what you’re giving up before you sign anything.
If the violation is about money
Falling behind on fines, fees, restitution or other payments is common. Indiana law says probation can’t be revoked for failing to meet a financial obligation unless the failure to pay was reckless, knowing, or intentional (IC 35-38-2-3(g)). If you genuinely couldn’t pay, that matters. Bring proof: pay stubs, layoff notices, medical bills, anything that shows your real situation.
What the judge can do if a violation is found
If the court finds you violated a condition and the petition was filed during probation, the judge may order one or more of the following (IC 35-38-2-3(h)):
- Continue probation, with or without changing or adding conditions.
- Extend probation by up to one year beyond the original probation period.
- Order you to serve all or part of the sentence that was suspended when you were originally sentenced.
That third option is why a petition to revoke deserves to be taken seriously, even when the violation feels minor.
What to do if you’ve been served with a petition to revoke
- Don’t miss your court date. Missing it can turn a summons into a warrant.
- Read the petition carefully. Note exactly which conditions you’re accused of violating and on what dates.
- Gather your records: appointment cards, treatment attendance, drug-screen results, payment receipts, work schedules, anything that explains what happened.
- Keep doing what probation requires. Keep reporting, keep testing, keep going to treatment while the petition is pending.
- Talk to a lawyer before you admit anything or agree to waive your hearing.
Questions about a probation violation?
Sutton Law Office handles criminal defense matters, including probation violation hearings, in Greene, Monroe, Lawrence and Owen Counties. Call 812-269-2641 to schedule a consultation.
This post is general information about Indiana law, not legal advice for your situation. Every case depends on its own facts.