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Questions Answered by Andrew L. Bennett
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
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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... Read more »

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1 Answer | Asked in Criminal Law for Indiana on
Q: If a theft case is dismissed without prejudice in Indiana what is statute of limitations on it being refiled

I am a juvenile diabetic and had a very bad low which requires hospitalization I almost died and I was in grocery store with mother

Cop charged me with a felony.

Andrew L. Bennett
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Andrew L. Bennett
answered on Nov 7, 2022

The State has the period of the statute of limitations to refile charges. If its a felony, then the period is 5 years from the date of the incident.

1 Answer | Asked in Criminal Law for Indiana on
Q: Looking to get my records expunged but I know little to no information, I don't no how to go about it (Indiana)

Looking to get more info like what paperwork I should file if I need a lawyer or not to do this money court cost expectations

Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 12, 2022

You can look on in.gov and see if there are forms. However, it may be wiser to consult with a criminal defense attorney since expunging convictions can get complicated depending on the number of cases as well as depending on the level of the offense there are likely different timelines and... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Is 9-18.1-11-2(b)(2) Driving with expired plates A citation that will give points? If yes is there a lower citation?

By lower citation I am referring to something that I could ask the prosecutor to amend it to that would not carry points. I did renew my registration while the ticket was being issued. I just completely was unaware that it had expired. My email filter apparently took out the emails from the state... Read more »

Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 12, 2022

Expired plates should not add any points to your record since it is not a moving violation. If you have already renewed your plates; I suggest contacting the prosecutor's office and provide them proof. The prosecutor may be willing to dismiss the case for you being in compliance.

1 Answer | Asked in Criminal Law for Indiana on
Q: I shoplifted for the first time and got caught. The cops arrested me and let me go with a citation for court.

After court what are the chances I will go to jail . The items were only worth thirty dollars total. I have no prior criminal record or anything not even a speeding ticket. I am 18 years old. Again the main point of the question is will I go to jail or not, not will this be on my record. Thanks.

Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 6, 2022

You should contact a local criminal defense attorney to discuss the situation, most offer free consultations. An attorney should be able to help keep this off your record.

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: I backed up into my neighbors car while intoxicated and left the scene. What changes should I expect?

I saw her later that day and gave her my insurance information and told her I was intoxicated, she told the officer that I was intoxicated. When I when to the police station the next day to give my statement I told him I was intoxicated when I backed into her car, panicked and left the scene.

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 26, 2022

Unless the police have more than your admission of being intoxicated, I do not see how you could be prosecuted for an OWI. However, you will very likely be charged with leaving the scene of an accident. From this point forward, you should not speak to your neighbor about the situation, nor the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: In Indiana signed a plea agreement with a 9 year over all cap was sentenced on 2 level 5 felonies served consecutively

I received violation on the first can they violate me on the second as well even though I haven’t started serving second sentence

Andrew L. Bennett
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Andrew L. Bennett
answered on Jul 27, 2022

Under Indiana law, yes you can violate probation or a sentence you have not yet begun to served by violating a consecutive sentence which you are currently serving. Contact your prior attorney or seek new representation to protect your interests.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Indiana on
Q: In indiana how do I get a waiver to reinstate my driver's license

My license was suspended 2 years ago due to a criminal charge and lack of financial responsibility I've been pulled over and now here recently literally just in the parking lot almost of my employment and ticketed for driving law suspended the problem is I am so far in debt due to this covid... Read more »

Andrew L. Bennett
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Andrew L. Bennett
answered on Jul 26, 2022

Go to IN.gov and look up the BMV. There should be sample forms for waiver available.

1 Answer | Asked in Criminal Law for Indiana on
Q: What to do when public defender is advising me to reconsider my plea of not guilty to guilty

I have copy of taped statement where my boyfriend the alleged victim is admitting to prosecutor and my public defender that he lied when he called 911 on me for breaking in his home stating i didnt live there and that I did reside in the home and that I had personal property inside when he changed... Read more »

Andrew L. Bennett
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Andrew L. Bennett
answered on Jul 6, 2022

Sounds like you should request a new public defender, though the court will be reluctant to appoint a new one. You could also hire your own attorney.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: What are the rules of procedure when applying for and returning a knock and announce search warrant in indiana

When does an affidavit (probable cause) for search have to be filed with the clerk? When does the warrant have to be returned? If there's no affidavit of probable cause ever filed with the clerk EVER ..is that legal? Next if 10 months later a different cause number(ed) search warrant is... Read more »

Andrew L. Bennett
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Andrew L. Bennett
answered on Jul 5, 2022

If you have had 3 attorneys not sure why your questions have not been answered. To answer your questions accurately depends on the specific facts of your case which are not listed in your description. However, you can Google the specific statute to give you some insights into the law that... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I just got released from a 48 hour pc hold and I was arrested for possession of meth how long till charges are filed

When is the Warrent going to come

Andrew L. Bennett
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Andrew L. Bennett
answered on Jul 5, 2022

The State has 2 years to file charges if misdemeanor & 5 years for a felony, though I would expect charges would be filed in the next several months. You can go to mycase.in.gov and look up your name to see when charges have been filed.

1 Answer | Asked in Traffic Tickets and Car Accidents for Indiana on
Q: I had a unsat judgement driver's license suspension expire in 2014 in Indiana. Will i now be able to get a license?

When I was 17 I got into a car accident in Indiana. It was a friend's car. I was found at fault for the accident. I had an unsat judgement against me in 2007 and it expired 2014. Due to severe anxiety I just never tried to get my license again and over time forgot about the judgement. Now that... Read more »

Andrew L. Bennett
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Andrew L. Bennett
answered on Jun 25, 2022

If the suspension ended in 2014 then there should be no reason it would prevent you getting a license. However, there may be a reinstatement fee. Also, there could be other reasons preventing you from getting a valid license. If you do not have a myBMV account, set one up and look at your... Read more »

1 Answer | Asked in Employment Law and Traffic Tickets for Indiana on
Q: I received a speeding ticket in a company vehicle. Whos responsible for payer the ticket? My employer or me?
Andrew L. Bennett
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Andrew L. Bennett
answered on Jun 7, 2022

You would be responsible to pay the ticket since you were the one who committed the infraction. However, the company would have to send proof to the BMV on your behalf to show the vehicle was insured. If you pay the ticket, it will put points on your record and could cause your own insurance... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Indiana on
Q: What if any reason would a person keep getting tickets instead of going to jail if they were driving while suspended ?

In Indiana

Andrew L. Bennett
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Andrew L. Bennett
answered on May 24, 2022

It depends on the person's status with the BMV. IF they are suspended-infraction, then they will continue to get tickets and not criminally charged. Though, if they plead to one of the DWS tickets, the status will change to DWS-prior and the person could be arrested and criminally charged.

1 Answer | Asked in Traffic Tickets and Criminal Law for Indiana on
Q: I was never notified that I was a habitual traffic offender my traffic offense was in 2009 how can they charge me forit

My last conviction in2009 my license was suspended for two years

Andrew L. Bennett
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Andrew L. Bennett
answered on May 21, 2022

There is not enough information to answer your question accurately. If you have a myBMV account, print off a copy of your driving record and schedule an appointment with a criminal defense attorney who can look at your record to determine what can be done. Depending on the circumstances the HTV... Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: I got my first owi in porter county indiana, i was alone. Im a mom though. Will social services try to take my kids?

My BAC was above .15 . Went the wrong way down a one way, did not crash or hurt anyone.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on May 21, 2022

If your children were not in vehicle with you, then DCS should not be involved.

1 Answer | Asked in Criminal Law for Indiana on
Q: Why is it legal for someone under 14 to physically and sexually assault other kids?

This has been happening for years and no one in the community will do anything about it. Not DCS, not the police, not the school... the boy has obvious mental problems and is seriously violent and sexually aggressive. How is this ok for everyone to ignore this problem??

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 28, 2022

Consider calling the State Police or the Attorney General's office

1 Answer | Asked in Criminal Law and Employment Discrimination for Indiana on
Q: Can I sue for a job that I was only denied because a f6 charge that was dismissed?

I can't find work because employers pull up the charge on a background check even though it was dismissed. Even with dismissal, the charge still looks ugly to potential employers and now I'm suffering financially.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Apr 27, 2022

In Indiana an employer can choose to not hire or to fire for any reason as long as it is not for a constitutionally protected reason. Your situation does not fit a constitutionally protected class. However, if the case was dismissed you should consider an expungement. This will seal the case and... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can I be charged with the same drug charge that somebody else is already pled guilty to and been convicted of

My boyfriend has already plead guilty served time and been convicted of the same charge of trying to charge me with. My pretrial conference is tomorrow and I don't feel like since he's already admitted that everything was his and did the time for it that I should be able to be charged... Read more »

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 8, 2022

If the facts support a charge based on constructive possession, then yes you can still be charged/convicted with the same drugs as someone else.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Indiana on
Q: Can an Indiana Chief Deputy Prosecutor be charged/prosecuted for a murder he/she committed prior to becoming a CDP?
Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 8, 2022

Yes; their status as a prosecutor does not give immunity to murder charges and there is no statute of limitations on when charges for murder can be filed.

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