Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Andrew L. Bennett
1 Answer | Asked in Criminal Law for Indiana on
Q: I have two charges from 1985. altered driver's license and it was dismissed. criminal conversion does this

disqualify me from becoming a notary public?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 20, 2024

I do not know specifically if the conversion would prevent you from becoming a notary, however conversion is a crime of dishonesty, therefore more than likely it would disqualify you. It appears you would qualify to have the cases expunged off your record. Consider consulting with a criminal... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I was arrested last Sept. 22 ,two F 6's, poss. charges. I am, on March 20, 2023, just being arrained. Is this legal?

in Sept of 22, I bonded out of jail two days later on 1200 cash bond. I hadn't been arrained yet at this time. I was gave a paper with a court date for arraignment the following week. The jail messed up, they said, cause the date on the paper was on a Saturday. The jail advised me the... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 17, 2024

The State has 48 hours to have charges filed and probable cause to be determined by a judge or magistrate. Since you bonded out the time requirement no longer applies. The State has five years from your arrest date to file charges.

1 Answer | Asked in Criminal Law for Indiana on
Q: First time level 6 felony , what amount of jailtime. Or can.probation be an alternative to jail.

Does rehab help lesson the punishment for a level 6 felony

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Feb 6, 2024

A level 6 felony has a penalty range of 6 months to 2 1/2 years in jail or prison. However, the incarceration for the person can be suspended and placed on probation. Rehab will not lessen the penalty per se but is a mitigating factor in determining the appropriate sentence.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Should i plead guilty? no contest? or ask for infraction deferral?

I got a 9-21-5-11 (c)(2) ticket for speeding in a workzone, no workers present. The cop clocked me going 90 however I had my cruise control set to 80. the speed limit was 55. How do I plead to best lower my ticket price or consequences?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Feb 3, 2024

Pleading guilty will add significant points to your record. Also, a no contest is really a plea of guilty in disguise, same effect. If the prosecutor offers an infraction deferral, that would keep the conviction and points off your record. If they do not offer the deferral, then you should... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Going to court tomorrow to see if judge will hear my cause for missing court a year ago. I am needed at home and work.

I'm wondering the chances of being locked up or if I'll be able to go free and have a later court date set up.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Sep 25, 2023

If there is a warrant and you show up at court you will be taken into custody and it will be up to the judge to let you out. Since its been a year since you were in court, it is unlikely you will be released. You should consult with a local criminal defense attorney who may be able to get the... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: How can I be charged with F4 Burglary in a home I never entered that day shared by myself and my ex? Theft and SVF
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Sep 11, 2023

Based on the information provided to the police and then to the prosecutor determines what charges are filed. This does not mean the State can prove the charges, it will be based on what evidence there is in the case. An F4 carries a penalty range of 2-12 years in the DOC. If you have not... View More

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Can a police officer lie about doing you a "favor and writing the ticket so it doesn't go to the state"?

I was told this exact statement, then advised to just pay the fee online. Never occurred to me he could be wrong on purpose or just mistaken. I have points on my license now. I paid the ticket online, never imagining what I was doing was a huge mistake. Because I didn't know he was wrong/not... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Aug 23, 2023

Depending on where the case is filed you may be able to file a motion to set aside the judgement and enter into a new agreement. You need to ask yourself are the fees paid to an attorney worth the points coming off your record? or Is my insurance rates going up so if I can get the judgement set... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Indiana on
Q: What are the chances of getting a felony 6 due to a DUI in the last 7 years to a misdemeanor?
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Aug 23, 2023

It will depend on many factors including, how long since the last conviction and the strength of the prosecutor's case among other factors. Many counties will allow a reduction after completing probation. You should consult with a criminal defense attorney who practices in the county where... View More

View More Answers

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a judge file a motion to execute sentence and file a petition to revoke probation at the same time and consecutively
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Aug 22, 2023

No, Judges do not file motions in their own court, they issue orders. Attorneys, self represented persons, probation officers file motion/petitions.

1 Answer | Asked in DUI / DWI and Car Accidents for Indiana on
Q: Can postpartum depression be considered in court in a DUI case?

If you were drinking due to severe depression and anxiety will a judge take that into factor.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Aug 21, 2023

It should be considered as a mitigating factor by the prosecutor and the judge, which goes to considerations at sentencing, but it is not a defense to the OWI charge.

2 Answers | Asked in Criminal Law for Indiana on
Q: Can a judge allow two level fives felonies reduce the charges to misdemeanors because of a plea agreement. In indiana
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Aug 21, 2023

The short answer is yes. The prosecutor offers the plea and if the defendant accepts the plea, then the judge decides if the plea is appropriate given the circumstances of the case and the defendant. The judge can either accept or reject the plea.

View More Answers

2 Answers | Asked in DUI / DWI for Indiana on
Q: Can a person receive jail time if they have a 2nd DUI and resist arrest?

She tried to escape police, and they had to blow her tires.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Aug 21, 2023

In Indiana, if you have a second OWI arrest, which could be charged as a misdemeanor or felony depending on how long ago the first offense occurred, there is a requirement for 5 actual days in jail or 240 hours of community service as a minimum of any sentence for being convicted.

View More Answers

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Indiana on
Q: I was in the process of moving to Indianna from Illinois and while traveling to Illinois in a gas station parking lot

I hit the gas peddle and not the break by mistake while parking my car. I am being charge with Indiana Statute 9-30-5-2(a) & (b).

I need to change my driver's license from Illinois to Indiana to include my redencey. Can I still change my car title, DL etc and my redency to... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Aug 9, 2023

Yes, go change your license to Indiana sooner than later. The court should not suspend your license until the initial hearing, therefore the BMV should not know of the offense. If you do not change your license, and are convicted Illinois will suspend/revoke your license and it will be... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Am I a serious violent felon if I had a D felony for possion of precursor with intent to manufacture methinphanie
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Feb 6, 2023

Indiana Code 35-47-4-5(b) As used in this section, “serious violent felony” means:

(1) murder ( IC 35-42-1-1 );

(2) voluntary manslaughter ( IC 35-42-1-3 );

(3) reckless homicide not committed by means of a vehicle ( IC 35-42-1-5 );

(4) battery ( IC...
View More

2 Answers | Asked in Traffic Tickets for Indiana on
Q: Speeding ticket, not paid yet, got letter about infraction deferral agreement. Should I take it? Are there other options

Occurred in Whitestown, Indiana. Will put 2 points on driving record. The deferral will cost $80.50 more than the ticket. If no citations in a year, then the case will be dismissed. I am assuming dismissal will mean no record of speeding or the ticket and no points on driving record.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Nov 8, 2022

Your options are to pay the ticket and have a conviction and points on your record as well as the possibility of your insurance rates increasing. Take the deferral option, stay out of trouble and the case gets dismissed and the BMV will never know of the ticket. Though if you do get another... View More

View More Answers

1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: Hired attorney 2017 for specialized driving privilege. my attorney retired without me knowing. My license status is HTV!

I was pulled over and being charged with HTV For life.

What should I do?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Apr 17, 2024

You should hire another attorney to represent you in the new case and to see about the possibility of specialized driving privileges.

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Why did the police take my guns and keep them after they were used as self defense?

I’ve had my firearms confiscated from me by the police after my home was being burglarized by thieves and I used it as self defense no one was injured but the police still took it as “evidence” the case was dropped and over it’s been a year and I still get a run around about getting my guns... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Apr 5, 2024

You should consult with an local attorney who can file a motion with the court to order the police to give you your guns back if you are still a proper person and they have no legal reason for holding them.

View More Answers

1 Answer | Asked in Criminal Law for Indiana on
Q: How much methaphetamine does it take for them to send it off to the lab?

In the state of Indiana

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Apr 3, 2024

That will depend on the police department policy as well as the state lab policy. However, many police departments have equipment to do testing either a chemical reagent test or miniature spectrometers.

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Business Law and Civil Litigation for Indiana on
Q: Why won't the police do anything when someone takes your items without compensation?

Left items at toy store for appraisal,after a balljoint failed ruck totalled almost life lined. Kept in touch full time with Google, or Bay. But soon as got my feet back on ground and was ready pick up my legally owning items. for two totes toys from 1980-1999 and 73 HOTWHEELS was $40 so declined... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 31, 2024

Contact the Attorney General's Office for consumer fraud.

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: If a hospital blood draw is under the legal limit and then the state lab draw is over the legal limit can you fight?

The state lab took 6 months

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 19, 2024

If the two blood draws are done close in time to where there should be a comparable result, then it does become an evidentiary issue as to what is the correct blood score. You should consult with and experienced OWI attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.