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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

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