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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23526
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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In Indiana, can a woman on probation be charged with a

Customer Question

In Indiana, can a woman on probation be charged with a probation violation if she is assaulted by an ex-boyfriend? When law enforcement arrived they charged her with a probation violation because she was involved in a police contact. She had telephoned 911 for help prior to the assault.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: I mentioned it was Indiana, Johnson County, last week.
JA: Have you talked to a lawyer yet?
Customer: It is for my daughter. She is in Indiana and I am in Arizona. She has a a public defender assigned earlier in the original case leading to probation.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 21 days ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 21 days ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Expert:  Zoey_ JD replied 21 days ago.

If your daughter has contact with law enforcement and is on probation, the police will notify probation of the contact. That can lead to a violation, because that's what probation is supposed to do.

That said, however, just because probation has to lodge a violation does not mean that your daughter would be at serious risk of revocation of her probation and resentencing. She is a victim here, and at any violation hearing before her sentencing judge, that's very important.

If your daughter was doing something wrong in even seeing her ex, then legally she would be on shakier ground. But if she's simply a victim of an assault, that's not something for which probation would likely want to revoke her.

As she does have a public defender who was assigned to the underlying case for which she is on probation, she ought to contact him or her, but I see nothing here in your fact pattern that would make probation unwilling to work with your daughter any more, and as long as they are willing to keep working with her, she'll be able to avoid jail.

Was her ex arrested for the assault?

Customer: replied 21 days ago.
Thanks. That confirms my position. It is counterproductive for probation to disrupt her otherwise successful probation history by causing her to lose her job and apartment and possessions and having to financially start all over again because the PO did not get off her butt to intervene. Decades ago I was a probation officer and prevented such atrocities by being involved. Thanks again. Dr. Brian E. Flescher, Psy.D. Retired Forensic Psychologist
Expert:  Zoey_ JD replied 21 days ago.

If you were once a probation officer, then you know that her PO will be stuck following protocol if he or she is informed of your daughter's contact with the law. But if your daughter has done nothing wrong, that should largely be nothing more than a formality.

I wish your daughter success with the completion of her probation.

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Expert:  Zoey_ JD replied 20 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.