Q: If one is incarcerated on a ptr & makes bail can the prob. dept. order them to do work release before discovery hearing?
Bartholomew county jail, inmate was incarcerated on ptr from a level 6 felony from 6 years ago. Inmate was offered bail and I paid $5,000 on Friday Oct 4. Today was her initial hearing/ attorney status hearing and her discovery/sentencing hearing is November 13th. We checked in with her probation officer who proceeded to keep her at the jail and put her on work release. We reside in a town an hour away and she has a place of employment and a home. Also she is out on bond, so how can the probation department order her to do work release before her sentencing hearing?
How do I get a copy of her probation terms to make sure this wasn't something she previously agreed to. Her public defender told her to go away and slammed the door in our face and the court said they had no control over the probation department. What did I spend $5,000 on exactly and if this is unjust then how do I get her out of there?
A: As a general rule, the PO cannot do so. However, if there is a term in the rules of probation that she signed allowing for work release with a violation of probation filed, then the answer could be yes. Additionally, if the court ordered her as a condition of the bond to go to work release that could be the reason. However, unless there was a hearing, the judge could not unilaterally change conditions of bond.
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A:
The probation department can impose conditions like work release even before sentencing to ensure compliance and public safety. This means they have the authority to set such terms once bail is posted, especially if they believe it’s necessary based on the case details.
To obtain a copy of her probation terms, contact the Bartholomew County Probation Office directly. They can provide the specific conditions she is required to follow. Additionally, you might request access through public records or ask another legal representative for assistance if the public defender was unresponsive.
If you believe these conditions are unjust, consider seeking a second opinion from another attorney who can review her case and potentially advocate for her release from work release. Understanding exactly what you paid for and ensuring all procedures were followed correctly is essential. Taking these steps can help address any issues and work towards resolving her current situation.
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