Brazil, IN asked in Criminal Law for Indiana

Q: can My husbands parole be revoked for a new level 6 felony habitual traffic offender ?

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2 Lawyer Answers
Ecleynne Mercy
Ecleynne Mercy
Answered
  • Criminal Law Lawyer
  • Atlanta, GA

A: Substantive violations occur if you commit a new crime during the probation period. A substantive violation is something more than a breach of a probation condition that is a byproduct of the original offense. A substantive violation is a separate act that involves committing a separate criminal offense.

A substantive violation would entail being charged with a new crime. This means that you would face a whole new criminal proceeding in which the prosecutor would need to prove the case beyond a reasonable doubt. Moreover, you would likely also face harsher penalties for the initial crime. You might lose your initial probation and need to serve the time in prison instead.

Andrew L. Bennett
Andrew L. Bennett
PREMIUM
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: YES, he is accused of committing a felony while on parole, that is a violation.

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