Is COVID-19 a Defense to a Probation Violation?
As You Are Aware, The Whole World Is Struggling With The COVID-19 Outbreak. What You May Not Be Aware Of Is How This May Affect Your Ability To Complete The Requirements For Your Probation. In Many Instances, Local Courts Have Been Shut To The Public, However, That Doesn’t Necessarily Mean That The Requirements Of Your Probation Have Been Suspended. Each Case Is Different, But In General, Most Probation Terms Includes Court-Ordered Alcohol And/Or Substance Abuse Treatment, AA Meetings, Or Possibly Counseling. What Are You Supposed To Do If You Were Ordered To Complete Treatment And/Or Counseling And Those Sessions Were Canceled?
You Need To Be Mindful Of The Deadlines That Were Given To You By The Court And/Or Your Probation Officer. If You Fail To Timely Complete The Terms Of Your Probation, The Prosecutor’s Office Will Likely File A Petition To Revoke Your Probation. This Can Result In A Warrant Being Issued For Your Arrest And You Will Be Required To Go Back To Court. If You Are On Probation, It Is Vital That You Take A Proactive Stance To Avoid A Probation Violation.
In Light Of COVID-19, There Has Been An Increase In Virtual AA Meetings And Counseling Sessions. Courts Are Aware Of The New Obstacles Presented By COVID-19 And Are Increasing The Use Of Virtual Court Hearings And Some Are Authorizing The Use Of Virtual Meetings For Substance Abuse Counseling And Treatment To Fulfill Probation Requirements. That Being Said, We Are In Unprecedented Times.
Many Of These Circumstances Are Issues Of First Impression Not Only In Indiana, But Throughout The Country. There Are Currently No Statutes, Appellate Court Cases, Or Procedural Rules In Indiana That Directly Address The Hardships COVID-19 Presents To Those On Probation. From Campbell Law, P.C.’S Experience, Judges Have Been Reviewing Each Case On A Case By Case Basis With Mixed Results. Therefore, Just Assuming COVID-19 Is A Viable Defense Is Not The Best Option. It Is Important That You Consult With An Experienced Criminal Defense Attorney And Make Them Aware Of Any Concerns You Have About Being Able To Complete The Terms Of Your Probation.
Do You Have A Pending Probation Case? Are You Looking For An Experienced Criminal Defense Attorney To Fight On Your Behalf? Call Attorney Michael A. Campbell Today For A FREE Comprehensive Case Evaluation.