The timing is brutal, but the situation he is in is serious regardless of how close he was to finishing. Two days before probation ends does not create any special leniency. The new charges stand on their own, and the probation violation that comes with them adds to the picture the judge will see.
The habitual offender designation is the part that matters most here. In Indiana, habitual offender status is a sentence enhancer, meaning it can add significant additional time on top of whatever the new charges carry on their own. A judge looking at a habitual offender with a new driving on suspended charge, resisting arrest, and fleeing the scene is not going to view this as a minor stumble at the finish line.
He will almost certainly sit in county jail for some time while the charges work through the system. Whether it ends in prison depends on the judge, his attorney's approach, and how aggressively the prosecutor pursues the habitual enhancer. A skilled defense attorney may be able to negotiate around the enhancement, but that requires a realistic assessment of what the state is willing to offer.
The fear you are feeling is not misplaced. This is a genuinely difficult situation. The most useful thing you can do right now is make sure he has strong legal representation working this case from the first appearance.
Thank you for trying AMP!
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