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Indiana Parole, Probation, Work Release & Community Service All information relating to parole, probation or release in Indiana should be posted here.

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  #1  
Old 03-01-2017, 09:14 AM
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Default PTR hearing tomorrow & scared Shirtless!

Well, I've been on probation for the last 4 years & now my time is basically done with the initial time. But here's the dilemma. I have all of my fee's & such paid, have been in no trouble. But have yet to pay the restitution in full(Over $25000!) Yes, that much.... I am on disability & have been paying what I can each month. But I was told by my PO that the judge can do several things.

1st: Extend the probation. If so how long can they legally do that? Does anyone know that? I have read that they can do it for only one year & for one time & no longer. I read an Indiana Supreme Case Law on that.

2nd: The Judge can just PTR me period & send me straight to prison for my cases to serve out.

3rd: End probation entirely & basically make restitution a "Civil Case" as far as restitution then.

Let me also add that restitution is to the "State of Indiana".... So this has me just so worried. I've had 4 cervical/neck operations since all of this has happened. With a total of "8 Discs fused together, 19 screws, a cage, 2: 8" rods, 1 artificial disc, 2 plates & more. I'm on SSDI disability & receive just enough to survive on. Honestly not even that. But Somehow I do survive & the past month I've been so stressed out you would not believe it. I'm on high doses of pain medication & I am totally positive that I would NOT receive my meds while incarcerated. I'm on 80mg of Oxycodone a day & that just makes me survive. I also receive injection's in my lumbar & sometimes my cervical areas. But with almost a 24/7 migraine I'm in severe constant pain & from my past experience from local jails you lose all Rx's until a Dr. see's you & that could be over a week a way! There's no friggin way I can survive that.... I'd literally kill mself from the pain levels & such. I know that this last part sounds over dramatic. But right now I'm not.

I am just so worried about this tomorrow.... Can anyone on here give me some encouragement, some past experience of what you or your lovedone has gone through.... So on...

Thanks in advance & sorry about waiting so long before I posted this. But I have just been running right now in my mind. I'm literally scared SHIRTLESS right now!
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Old 03-01-2017, 02:53 PM
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I don't know which way the Judge will lean on this, what can/can't happen or what will/won't happen...but I do want to send you positive energy for a good outcome, that you're released from parole. My best guess is that they'll extend your parole due to the restitution not being paid

Breathe!! And let us know how it turns out.
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Old 03-01-2017, 03:34 PM
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I seriously doubt the judge is going to send you to prison if you have not violated your probation. I can't speak for the state you are in, but I knew plenty of federal inmates that were released with HUGE restitution amounts which were pretty unrealistic, to say the least. I was told by one of them that he was told that if he were unable to pay it by the end of his probation term, it would become a civil matter after that time. So, the feds would have to go after him civilly for the amount.

Again, I don't have personal experience with this but it seems unlikely to me that they would send you to prison, especially if you are disabled and have medical issues. Probably more like a payment plan. Sending you to jail / prison costs money, and again, if you haven't violated any terms of your probation, why would they?

As for extending it... That usually comes out of a violation.
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Old 03-01-2017, 05:31 PM
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When it comes to restitution deficiencies, it is incumbent upon the person on supervision to show they have pared their personal budget to the bare bones minimum. No expenses that can be deemed to be frivolous (ie. no new vehicles, no extensive cable/satellite packages, no boats, no planes, no housing that exceeds the minimum needed to live, etc.).

The one case I have been involved with that saw someone revoked solely for not making the restitution nut came largely because he used a civil attorney instead of a criminal attorney. As such, they missed out on the whole affirmative defense thing...
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Old 03-05-2017, 06:02 PM
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Roadieze how did things go?
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Old 03-07-2017, 03:05 PM
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First off, I'd like to thank all of you who replied to me & those who read this as well.

Well, I went to court & the judge gave me another court date for 4 months from now.... I had my attorney with me & he actually had no real idea of what the judge would do as well that day.
So now for the next 4 months like my attorney said I'm going to pay what I can(which is $25 a month & that does put a strain on my finances).
I remember a time when $25 was nothing to worry about. Now on disability $25 can go a long way for me.
I have a lot of medical issues now due to having 4 operations on my neck from 2013-2015. My lumbar isn't the best either. Constant migraines &other ailments just had me so worried about the future when I went back to court. I know that in the state of Indiana they have to PTR (Petition to Revoke) Probation at the end of your time if you haven't completed the terms of the conditions. The judge can basically do what he/she feels like doing that day or time. And that what had me so scared I had no idea what do.
So for now I'm on extended non-reportinguidelines probation. Go back to court in 4 months & hope all goes well then.
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Old 03-07-2017, 05:06 PM
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I hate that they did extend your probation, but very glad they haven't revoked Make that $25 payment every month....don't miss one or be late with one. How much of that $25,000 is left to be paid, if you don't mind me asking?
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Old 03-08-2017, 11:31 AM
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I'm so glad they did not violate you.
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