officer bisard case update

[Fargo]

What sort of penalty does "official misconduct" bring?

It is a D felony, 6 mos to 3 years with a presumptive of 18 months.

I disagree with Kutnupe on this though. On a criminal recklessness charge, the circumstances surrounding the incident are highly relevant and should be taken into account. Abusing a position of trust by drinking on duty should absolutely be an aggravator and very well may be in the statutory list of aggravators and mitigators the court is required to consider.

ETA: "Position of Trust" is not one of the statutory aggravators listed in IC 35-38-1-7.1.
However, it is one that I am relatively certain has been held to be appropriate via caselaw under the the catchalll of IC 35-38-1-7.1(c).
Best,

Joe

 

[IndyMedic]

I hope he sits in jail for a long time.

 

[Dirtebiker]

Was he even "on duty"? I remember hearing that he was specifically told at least twice, that he was NOT needed on the scene!

 

[Benny]

It is a D felony, 6 mos to 3 years with a presumptive of 18 months.

I disagree with Kutnupe on this though. On a criminal recklessness charge, the circumstances surrounding the incident are highly relevant and should be taken into account. Abusing a position of trust by drinking on duty should absolutely be an aggravator and very well may be in the statutory list of aggravators and mitigators the court is required to consider.

ETA: "Position of Trust" is not one of the statutory aggravators listed in IC 35-38-1-7.1.
However, it is one that I am relatively certain has been held to be appropriate via caselaw under the the catchalll of IC 35-38-1-7.1(c).
Best,

Joe

You are on fire today.

In my (and many other's) opinion, if you are on duty, you should without a doubt be held to a higher standard that some drunk.

If you are off duty and do something stupid, you should be held to the same standard as a non-LEO, as long as you don't flash your badge...Once that badge enters the scenario, you might as well be on duty (ie, that drunken idiot that was trying to enter some lady's home thinking it was a party he DROVE to).

 

[Fenway]

How does someone make home detention work? I know nothing about this so sorry if this is a silly question but if you are confined to your home how do you make money to pay the bills for living at home?

 

[Benny]

How does someone make home detention work? I know nothing about this so sorry if this is a silly question but if you are confined to your home how do you make money to pay the bills for living at home?

I'd imagine you'd make money the same way you would if you went to prison(ie, you don't).

But with home detention, you might as well be on an extended vacation. Not much of a punishment at all.

 

[cobber]

I don't understand why we should not hold an officer, sworn to uphold and enforce the laws, to a higher standard than the average citizen? Whether he's on duty or not. People with special abilities or training or powers should be held to a higher standard when they commit a criminal (or negligent) act.

If oaths mean something, then officers (like politicians) should get 'special treatment' when they violate their oaths.

And while an officer may be off-duty, is he ever 'off-oath'?

If an oath really doesn't distinguish the officer from the average citizen, then why do we bother to administer them to office holders, and why should we care when someone violates their oath?

 

[public servant]

How does someone make home detention work? I know nothing about this so sorry if this is a silly question but if you are confined to your home how do you make money to pay the bills for living at home?

Most people on home detention still are allowed to work. They can only be out of range of the monitor for a set time period...say 07:00 - 16:00 or whatever your normal working hours are plus travel time. They are also allowed a few hours a week for grocery shopping and other necessities.

Sweet deal, huh?

 

[7th Stepper]

How does someone make home detention work? I know nothing about this so sorry if this is a silly question but if you are confined to your home how do you make money to pay the bills for living at home?

Hi Fenway,
People who're put on "house arrest" are fitted with a "bracelet" of sorts, that they wear around their ankles (it's waterproof, so they even have to wear it in the shower, bath, etc.). They're usually allowed to find some sort of work (providing someone is going to hire them) and given a specific time when they can leave their house, go to work, be at work, then go home again. If they miss it they're automatically in violation of their plea agreement/sentence.

They're also monitored (and I believe they need to check in, as well as get permission, before they do it) if they need to go to the grocery store, gas station, VP, church and what not. If not, a warrant is immediately issued for their arrest, and they go to jail.

They do get a bit of free time after they've been on it for a while, as well as have visitors, an hour or two to start, and more as they accrue better behavior. They're also subject to surprise visits, random urine screens and blood screens as well.

If they can't find work, they're still required to pay X amount of money per day, and it can accrue until they go to court again. If the judge feels inclined to, he can release them on probation after the house arrest, and the money they then make goes to pay the courts for the unpaid balance. They won't get off probation at all until all the fees and costs are paid. It can go on....and on....and on....until the person finally is able to pay it completely off. They then get their "final interview" with their PO, and are free to go.

That's it in a nutshell, there's more, I just can't remember at the moment what it entails, and my source of reference isn't here at the moment. I'll ask when they're over the next time if you'd like me to, and update you then. Or one of our esteemed attorneys on here could chime in as well, they probably know it better than I do.

 

[Benny]

Most people on home detention still are allowed to work. They can only be out of range of the monitor for a set time period...say 07:00 - 16:00 or whatever your normal working hours are plus travel time. They are also allowed a few hours a week for grocery shopping and other necessities.

Sweet deal, huh?

And you've seen multiple child molesters get this deal?

Un****ingbelievable. They should be laying at the bottom of a landfill, but instead they get a free pass.

 

[public servant]

And you've seen multiple child molesters get this deal?

I cannot attest as to how much freedom and travel they were allowed...but yes, I've seen numerous convicted child molesters sentenced to home detention.

 

[redneckmedic]

How does someone make home detention work? I know nothing about this so sorry if this is a silly question but if you are confined to your home how do you make money to pay the bills for living at home?

You create and run multiple internet forums... per se

 

[eatsnopaste]

You create and run multiple internet forums... per se

Oh no you di'nt!

 

[Rookie]

Here in Howard county, I watched a hearing where a girl was charged with felony burglary. The judge was getting ready to sentence her when her attorney informed him that she was on probation for the same charge in another county. Just as I'm thinking, this girl is a slow learner and the judge is going to nail her to the wall, he gives his decision...

Two weeks home detention and unsupervised probation! Golly, that taught her something.

 

[Denny347]

We got into a car chase with a van with 2 people in it. We caught them and come to find out, they had just committed several armed robberies just minutes before the chase. They were both still armed and were on "supervised released" for armed robbery...go figure.

 

[Expat]

The perp in the case involving a family member, got a Class C felony. No jail time at all. Just probation and put on the SO registry. So ...

 

[indysims]

Is Bisard still getting a paycheck?

 

[Benny]

Is Bisard still getting a paycheck?

Of course, silly.

I mean, why shouldn't he?

 

[indysims]

Of course, silly.

I mean, why shouldn't he?

ugggg... I just puked in my mouth a little...

 

[GBuck]

Of course, silly.

I mean, why shouldn't he?

I thought he was on leave without pay???