ILNews

Court affirms probation revocation

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court affirmed the revocation of a man's probation and imposition of a 12-year sentence for his probation violation even though the trial court erred in not allowing him to explain why he missed his mandatory drug screenings.

In Brian Woods v. State of Indiana, No.49S04-0808-CR-469, the court examined the concept and implications of a "strict compliance" probation, which Woods was on after previously failing to make mandatory drug screenings. The trial court warned him that if he violated his probation again, his 15-year prison sentence would be reinstated. The prosecutor agreed to reduce the sentence to 12 years.

Woods appealed the revocation of his probation, arguing the court denied him due process by preventing him from explaining why he violated his probation.

Because the trial court denied Woods the opportunity to explain why he missed the screenings at his second revocation hearing, he was denied due process, wrote Justice Robert Rucker. However, the Supreme Court found Woods is not entitled to relief.

Woods never made any attempt on direct appeal or on transfer to the Supreme Court to explain why he violated his probation, nor did he make an offer of proof to the trial court, wrote the justice.

"Generally this failure is fatal to his claim," he wrote.
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

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