ILNews

Defendant's fleeing justifies delayed arrest

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The Indiana Court of Appeals has upheld the revocation of a man’s suspension for probation violations after finding the trial court did not err in ordering the man serve the remainder of his originally suspended sentence.

Jason B. Saunders pleaded guilty to operating a motor vehicle while intoxicated as a Class D felony in 2000, received a suspended sentence, and was placed on probation for two years. He was ordered to obey all laws and refrain from alcohol consumption. A month later, the state filed a notice of probation violation because Saunders never reported to the probation officer as ordered. An arrest warrant was issued the same day, and 11 years later, the warrant was expanded to include Tennessee.

Saunders was arrested in 2011 and had committed several offenses in Tennessee while on probation in Indiana. The trial court rejected his probation officer’s recommendation that he receive a 180-day sanction so that he could go back to Tennessee to face his probation penalties there using “Tennessee tax payers’ money.”

On appeal, Saunders claimed that the state’s 11-year delay in arresting him and pursuing the 2000 probation revocation matter amounted to a denial of his right to due process. He didn’t raise those arguments on the trial level, so the appellate court considered whether there was a fundamental error. Any prejudice that may have resulted to Saunders was because he fled from Indiana for 11 years. He admitted to all the violations and hasn’t shown his defense to the violations was impaired by the state’s delay in prosecution, wrote Judge John Baker.

Saunders’ violation of two conditions of his probation, which included committing several new offenses, justified the imposition of the entirety of his previously suspended three-year sentence, the judges held in Jason B. Saunders v. State of Indiana, No. 06A01-1111-CR-596.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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