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Judges uphold revocation of probation

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The Indiana Court of Appeals affirmed the revocation of a man’s probation after he admitted a violation to the judge at his hearing on petition to revoke.

Timothy Hammerlund was on probation following a plea agreement on a drug charge. At the initial hearing on the petition to revoke alleging that Hammerlund failed a drug screen, Hammerlund was advised of his rights to have an attorney. Hammerlund said he understood and admitted that he took the Alprazolam. The trial judge asked Hammerlund if he was admitting to violating his probation by testing positive for the drug and that he would waive his rights he was advised of earlier in the hearing. Hammerlund said he understood.

After his probation was revoked, he appealed, arguing that his wavier of counsel wasn’t knowing or voluntary because the trial judge didn’t question him regarding whether he was aware of the nature, extent and importance of the right to counsel or the pitfalls of waiving it.

In Timothy Hammerlund v. State of Indiana, No. 33A05-1110-CR-562, the appellate court likened his case to Greer v. State, 690 N.E.2d 1214, 1217 (Ind. Ct. App. 1998), in which that panel found Greer’s waiver of counsel was valid. The record in Hammerlund’s case establishes he made a knowing, intelligent and voluntary wavier of counsel. He also didn’t contend or establish he suffered any prejudice.

 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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