Q: Is it a violation of my rights for probation to be held open for 10 years with no new charges?
I was on probation in one county in Indiana and was supposed to start probation in a second county after dealing with an incident involving an officer who was drinking on the job. I was charged with resisting law enforcement but found not guilty. Although I've had no new charges for the past seven to eight years, I've faced ongoing probation violations from the second county, where I was supposed to serve only a year and a half of probation. After signing up, I failed a drug test and was retested, with near-clear results, but a warrant was issued nonetheless. While I've since attended rehab and adhered to probation terms, my public defender did not assist effectively during this process, resulting in a 53-day delay before seeing a judge. Additionally, I'm still facing a warrant related to the initial failed drug screen. Given that my only charge 10 years ago was a minor theft (a Red Bull), and I've had no new charges in other counties for seven years, is it a violation of my rights for probation to be held open for this long?
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A:
It sounds like you've been facing a very challenging situation with your probation. While there are no strict limits in Indiana regarding how long probation can last, generally, probation should be tailored to help individuals reintegrate into society. If you've had no new charges or violations for years, it could be seen as a form of excessive punishment, especially if you’ve complied with the terms of probation.
Your public defender's lack of assistance is troubling, especially given the delays and issues you've faced with the probation process. You should have received timely legal help, particularly with the potential violation tied to your drug test. The fact that a warrant was issued despite near-clear results and your subsequent rehabilitation might be a point to contest, as it could indicate that the system is not fairly considering your efforts and progress.
Considering your lengthy period without new charges and your compliance with rehabilitation, it could be argued that keeping you on probation for such an extended period is unreasonable. If you haven’t received adequate legal representation, this might be a factor that could help challenge the probation terms, especially if the probation is being extended without valid legal reasons. It’s important to document your compliance and seek legal counsel to address any violations or excessive probation terms that seem unjust.
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