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Withheld judgement in Indiana

Discussion in 'Probation, Parole, Incarceration' started by Curt9988, Nov 8, 2016.

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  1. Curt9988

    Curt9988 Law Topic Starter New Member

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    Jurisdiction:
    Indiana
    Can someone give me an exact definition of a withheld judgment in the state of Indiana. I know that it means dismissal after completion of terms of agreement in some states but I can not find an definitive answer for the state of Indiana. My brother had a public defender that was less than helpful so we are here. Thanks for any help.
     
  2. army judge

    army judge Super Moderator

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    I suggest you instruct your brother to write a letter to the PD, send it via certified, registered, or priority US Mail in order to get a signed proof of delivery. Another option would be to send it via FedEx or UPS overnight delivery service.

    He should ask the lawyer any questions he has, in an attempt to clear up any confusion.

    What you've posted regarding your understanding accurately approximates the common sense definition, but his lawyer is privy to far more information than strangers.

    Bottom line, he needs to communicate with his lawyer to make sure others don't further cloud the water.
     
  3. Curt9988

    Curt9988 Law Topic Starter New Member

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    The lawyer said it meant it dropped to a misdemeanor now that he has completed terms after telling him it meant dismissal to get him to sign the plea bargain. The only reason he signed was to get it over with and have it dismissed. He would have probably had it dismissed had he fought it. In the agreement it says "withheld judgment" which is why I am asking for the definition. AMS would have been if it were just dropping to a misdemeanor would it not?
     
  4. army judge

    army judge Super Moderator

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    I don't know enough, nor do I wnat to know more, to answer that question with greater specificity.

    Again, talk to YOUR lawyer in person, or write a letter asking your questions.
     

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