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Failure to Return to Lawful Detention

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  • 01-05-2017, 12:04 AM
    Candace34
    Failure to Return to Lawful Detention
    My question involves criminal law for the state of: Indiana

    My fiance failed to return to work release back in May, violating his previous sentence. He was picked up on his warrant on 9/30 of last year. His out date for the violation is 03/02 of this year. His new F6 is still pending and pretrial is on the 23rd of this month. Indiana passed a law that there will be no DOC time for new F6 charges, however I'm concerned he won't get out in March, that there will be a footnote we missed or this type of offense will prevent home detention or any other sentence besides jail time.

    Does anyone have any experience with this particular charge? I JUST retained an attorney and haven't gotten any info yet and the anxiety is killing me and him. I just want to brace for whatever is going to happen. I've been counting down since last September, I don't know what I'll do if i have to start the countdown all over.

    What are the chances for community corrections or anything besides more actual incarceration?
  • 01-05-2017, 03:00 AM
    llworking
    Re: Failure to Return to Lawful Detention
    Quote:

    Quoting Candace34
    View Post
    My question involves criminal law for the state of: Indiana

    My fiance failed to return to work release back in May, violating his previous sentence. He was picked up on his warrant on 9/30 of last year. His out date for the violation is 03/02 of this year. His new F6 is still pending and pretrial is on the 23rd of this month. Indiana passed a law that there will be no DOC time for new F6 charges, however I'm concerned he won't get out in March, that there will be a footnote we missed or this type of offense will prevent home detention or any other sentence besides jail time.

    Does anyone have any experience with this particular charge? I JUST retained an attorney and haven't gotten any info yet and the anxiety is killing me and him. I just want to brace for whatever is going to happen. I've been counting down since last September, I don't know what I'll do if i have to start the countdown all over.

    What are the chances for community corrections or anything besides more actual incarceration?

    What county?
  • 01-05-2017, 06:49 AM
    Candace34
    Re: Failure to Return to Lawful Detention
    Madison County
  • 01-05-2017, 06:56 AM
    llworking
    Re: Failure to Return to Lawful Detention
    Quote:

    Quoting Candace34
    View Post
    Madison County

    Him walking away from work release is a pretty serious issue. They are going to be leery that he will honor home detention.

    In Marion county his odds would be about 50/50. In Hancock or Hamilton he would be in worse shape. I am not familiar with Madison County. What does his attorney say?
  • 01-05-2017, 08:12 AM
    qwaspolk69
    Re: Failure to Return to Lawful Detention
    Quote:

    Quoting llworking
    View Post
    Him walking away from work release is a pretty serious issue. They are going to be leery that he will honor home detention.

    In Marion county his odds would be about 50/50. In Hancock or Hamilton he would be in worse shape. I am not familiar with Madison County. What does his attorney say?

    She said she hired an attorney for him and no one has heard back yet...
  • 01-10-2017, 08:07 PM
    Candace34
    Re: Failure to Return to Lawful Detention
    He talks to the lawyer Thursday. Still know nothing for now lol
  • 01-10-2017, 08:53 PM
    Mark47n
    Re: Failure to Return to Lawful Detention
    Quote:

    He talks to the lawyer Thursday. Still know nothing for now lol
    Why are you laughing out loud? This doesn't sound funny to me.
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