Description: Rushville, Indiana criminal defense lawyer represented the Defendant charged with nonsupport of a dependent.

On May 10, 2023, the State charged Crain with two counts of nonsupport of a dependent, as Level 6 felonies.[1] On July 25, Crain and the State entered into a plea agreement. Pursuant to that agreement, Crain agreed to plead guilty to one count of nonsupport of a defendant, and the State agreed to a sentence of two years, with all but 180 days suspended to probation. The trial court accepted the plea agreement, entered judgment of conviction, and sentenced Crain to two years in the Rush County Jail, with 180 days executed and the remainder suspended to probation. Crain began his term of probation on August 12.

The trial court held a fact-finding hearing on the State's petition on August 12. At that hearing, Crain's probation officer testified that Crain had tested positive for amphetamine and methamphetamine twice in February and once in March and that he had tested positive for cocaine, THC, fentanyl, and methadone in March. His probation officer further testified that Crain had failed to report for a scheduled office visit, failed to report to probation as directed, failed to report for a drug screen, and failed to make child support payments.

At the conclusion of the hearing, the court found that Crain had violated the terms of his probation.

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CRIMINAL LAW. PROBATION REVOCATION AND SENTENCING. The case involves an appeal against a trial court's decision following the revocation of the defendant's probation, focusing on whether the court abused its discretion in ordering the defendant to serve 550 days of a previously suspended sentence instead of 545 days as orally pronounced.

APPELLATE PROCEDURE. DISCREPANCY BETWEEN ORAL AND WRITTEN SENTENCE. The court addresses the issue of a discrepancy between the oral and written sentencing orders, determining whether the written order erroneously extended the defendant's sentence beyond what was orally declared by the trial court.

Key Phrases Revocation of probation. Positive drug screens. Probation officer testimony. Written sentencing order. Oral sentencing statement.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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