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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118256
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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State of Indiana. My friend wrecked a scooter and shattered

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State of Indiana. My friend wrecked a scooter and shattered his femur. He has had a rod put in its place. He has been charged with felony OWI, previous conviction, habitual substance abuser. He is currently on probation for a previous OWI. He is currently hospitalized but there is talk of releasing him and having physical therapy come to his house daily. He is not able to walk without a walker.
Will the state removed him from the hospital or demand he turn himself in at his release? What are the odds of house arrest while his physical therapy is continued?
The odds of house arrest in this type of case are fairly high, since the prisons are not generally set up to provide such therapy. His attorney will have to petition the court for this and provide evidence of his medical needs and condition, but generally the court will approve the delay in him reporting to jail. The probation office will issue a warrant for probation violation on top of this arrest and he will again need to have his attorney motion the court to hold off on sentencing for the probation violation until he is capable of reporting to jail if the court decides to send him to jail for the probation violation.

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