Kokomo, IN asked in Criminal Law and Probate for Indiana

Q: What happens when you get violated on probation while currently incarcerated?

My fiancé has been on probation (in Cass County) for almost three years for a statutory rape charge. Due to this he is a registered sex offender. In late November he was arrested on a Failure to Register charge from Grant County and subsequently violated on his probation in Cass. We really don’t have much in the cash department and were led to believe that if we bailed him out on the FTR he would just get transferred to Cass, so he is still currently sitting in jail and has not been able to get much information on his case because the warrant was from over 6 months ago. He is serving day for day so we are confident he will get time served at his pretrial Jan 15th, but we are currently waiting on a discovery and for his public defender to share his findings. What I’d like to know is, will his lawyer have the ability to settle the probation violation as well as the FTR charge so that when he gets out of Grant he won’t have to go back to Cass? If he cannot, what will transpire?

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1 Lawyer Answer
Paul Stanko
Paul Stanko
  • Criminal Law Lawyer
  • Plymouth, IN
  • Licensed in Indiana

A: The judge can impose a number of sanctions on a PTR, including imposing the entire suspended sentence. That is up to the court.

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