Legal Question in Criminal Law in Indiana

probation violation

My son was charged with robbery 3 years ago. He was 16 at the time and waived to adult court. He was sentenced to 6 years but waived. Ultimately was given 3 years probation. His 2nd year of probation is coming up in December. Today, he was in a minor traffic accident and they charged him with paraphenalia. He is suppose to go to court on December 29, 2001. What is going to happen to him? Will he now have to serve 6 years on the robbery probation violation. If he does, will the time done on probation help or go down the drain? I assume when he goes to court he will be charged with the violation and arrested right then and there. We don't have money, both of his father and mother are unemployed and getting unemployment comp.


Asked on 11/28/01, 7:26 pm

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: probation violation

Be aware that if your son cannot afford an attorney he must advise the court. The court after inquiring into his economic status may appoint a public defender to this case.

The potential for revocation of probation and serving the remaining suspended time on his sentence is a distinct possibility. However, courts are mindful to view violations in a practical way. That is the seriousness of new offense. Probation for most part does the same and will usually result in probation simply being continued. Your sons cooperation and conduct up to this point will also have an impact on probation and the court.

While it does not appear likely he will be sent back to jail, one cannot speak for the court. Your son may be give another chance and if so, should not waste this one.

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Answered on 11/29/01, 7:04 am


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