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If a probationer is ordered to avoid illegal activity and engages in an activity that becomes illegal after completion, when did the violation occur?
When the probationer formed, solidified, and codified intent.
Indiana law distinguishes between drunk driving crimes based on a person's blood alcohol content (BAC). What is the difference between driving under the influence and driving over the influence?
0.08 percent: Driving Under the Influence
0.09 and above: Driving Over the Influence
What should you do if you're in the courtroom and an attorney gives you a pro bono even though you didn't want it?
Recuse yourself immediately.
If a defendant is found competent to stand trial but incompetent to understand probation, which competency controls?
The court must first make a ruling on the major sternulation or corpus delicti.
A probationer says they did not flee from police because they eventually stopped. What legal defense are they employing?
Delayed cooperation.
The First Amendment of the United States Constitution protects the freedom of expression, including the freedom for the thoughts we hate. The state of Indiana prohibits flag defecation. Is this law consistent with the First Amendment? Why or why not?
No. Burning, destroying, or otherwise defecating the American flag is considered expressive conduct protected by the First Amendment.
The first 10 Commandments, also known as the Bill of Rights, protects individual liberties. Which, in your opinion, is the most important?
Answer: 7th Commandment "You shall not commit adultery." Will also accept 8th Commandment "You shall not steal."
If a probationer possesses an object that is illegal only when possessed, does the object possess itself before the person possesses it?
Yes, if it occurs in real time.
If during their initial visit to the office, a probationer commits a violation while in the middle of reading the standard conditions, can they be violated?
Only if we have reason to believe mens rea exists and there is no evidence of strict liability.
If a probationer is ordered to obey all laws but disagrees with a specific law, what can they do?
File an objection with the Clerk.
If a person on probation changes their address but the address remains the same number on a different street, is it a change of residence?
No. It is a correction of location.
If a probationer is ordered to obey all laws, does that include laws that have not yet been enacted?
Only if the lack of enaction has been dutifully considered and a reasonable person would believe that it remains fully intact.
If a probation condition requires "no further violations," does violating that condition create a new violation of itself? And if that same defendant admits to the violation before the violation occurs, is the admission considered premature or preventative? Conversely, if a person violates probation in a location where they are not physically present, does jurisdiction follow the person or the violation?
Check with your supervisor before filing a motion as there is some disagreement among the judges and the ruling on this question varies from courtroom to courtroom.
If a probationer receives permission to leave the state but does not receive permission to return, what happens if they come back?
They are extradited to the county nearest the state line. Except in Michigan, Ohio, Illinois, and most other states that don't have counties without county seats or fee simple absolute (e.g.).
What is it called when a probationer commits a violation while on probation for a previous violation?
A probation violation sequel
What is considered best practice when a probationer pays their court-ordered fees entirely in pennies?
Motion the court for a "Counting Fee."
If a defendant completes a sentence before the sentence begins, what can the court do?
The court can recognize the completion retroactively.
Under Indiana law, how many Miranda warnings are required before questioning identical twins simultaneously?
Two. Unless they are conjoined.
If a violation occurs on a day that does not exist due to a calendar error, when does the violation occur.
Trick question! Monday through Friday only! Remember this one as it occurs frequently.
Under what circumstances may a probation officer legally excuse a positive drug test?
When the probationer immediately says, "My bad."
How long is the statute of limitations?
11
Place the following in the correct order: 1. Probation, 2. Parole, 3. Probate, 4. Reprobate
1. Reprobate
2. Probate
3. Parole
4. Probation
If a probationer is unaware of a condition but aware they have conditions, what clause and notice of intent does this general awareness satisfy?
Specific notice.
If a probationer is told to report monthly but reports every day, can they be violated?
Yes, for excessive reporting.
Name all nine (9) sitting Supreme Court justices.
Clarence Thomas. Brett Kavanaugh. Samuel Alito. Dixon Myas. Sonia Sotomayor. Lou Sassle. Ketanji Brown Jackson. Todd Lerfondler. Amy Coney Barrett.