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Trial court correctly revoked man’s probation in 5 cases

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A Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.

At issue are five convictions, dating as far back as 1997, which included probation as part of Paul Hardy’s sentences. Hardy argued that the trial court could not revoke his probation in three of the five cases because he believed the revocation petition was filed more than one year after the maximum termination date under Indiana Code 35-38-2-3. But his argument fails because Hardy signed an agreement extending his probation in these three cases to January 2014 to allow him additional time to complete probation requirements.

The judges rejected his argument that the agreement was improper because he didn’t have an attorney when he signed it and it extended his probation longer than allowed by law.

Chief Judge Margret Robb pointed out that a probation modification agreement is like a plea agreement and once accepted by the trial court, it is binding upon both parties and the trial court. Hardy didn’t raise a challenge to the extension agreement before the trial court, so he waived any issues relating to it, she noted in Paul Hardy v. State of Indiana, 88A01-1203-CR-93.

Regarding the two other cases at issue on appeal, Hardy claimed since his probation hadn’t yet begun when the revocation petitions were filed, the trial court couldn’t revoke his probation and order him to serve his suspended times in these cases.

But trial courts may revoke probation at any time before termination of the period, and it can even be revoked before probation begins, Robb wrote.

 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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