Probation Violations | PTRs

Probation violations and petitions to revoke probation in Indiana can place a person’s freedom at immediate risk, even when no new criminal charge is filed. Alleged violations may involve technical issues, missed conditions, or new allegations that do not rise to the level of a separate offense, yet they can still result in jail or prison time. Sanghvi Law represents individuals facing probation violation allegations in Lake County and throughout Northwest Indiana, focusing on protecting due process rights and advocating for fair and lawful outcomes at probation revocation hearings.

The PTR Process
In Lake County, Indiana, a Petition to Revoke Probation (PTR) is the formal legal process by which the State of Indiana, typically based on allegations reported by the probation department, asserts that a person on probation has violated one or more court-ordered conditions.
A PTR may be based on a new criminal allegation, but it is more commonly filed for alleged technical violations such as missed reporting, positive drug screens, failure to complete treatment, failure to pay fees, or noncompliance with other probation conditions. Importantly, a PTR is not a new criminal charge; it is a continuation of the original criminal case, and the potential consequence is the loss of previously suspended time rather than the imposition of a new sentence.
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Once a PTR is filed in Lake County, the court will typically set the matter for an initial hearing. At that hearing, the individual is advised of the alleged violations and their rights, including the right to deny the allegations and request an evidentiary hearing. The court may also address bond or custody status, as individuals facing a PTR can be held without bond or on modified bond conditions depending on the circumstances and judicial discretion. If the allegations are denied, the case proceeds to a probation revocation hearing before the judge; there is no right to a jury trial in PTR proceedings.
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Probation revocation hearings in Lake County are governed by a lower evidentiary standard than criminal trials. The State is required to prove an alleged probation violation by a preponderance of the evidence, not beyond a reasonable doubt. Hearsay evidence may be admissible under certain circumstances, and the rules of evidence are more relaxed than in a criminal trial. If the court finds that a violation occurred, it has broad discretion under Indiana law to continue probation with modified conditions, impose additional sanctions, order a short-term executed sentence, or revoke probation entirely and order the individual to serve some or all of the previously suspended sentence.
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Because PTR proceedings can result in immediate incarceration and the loss of substantial liberty interests, effective representation is critical. The outcome often depends on careful review of probation records, the legality and reliability of alleged violations, mitigation evidence, and advocacy at both the evidentiary and dispositional stages of the hearing. In Lake County, PTRs move quickly, and early involvement by counsel can significantly affect whether probation is continued, modified, or revoked.
