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Questions Answered by Andrew L. Bennett
1 Answer | Asked in Criminal Law for Indiana on
Q: Should I admit to my charges, if there is a lack/no proof against me
Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 1, 2023

If there is lack or no proof of the allegations against you, why would you admit. You should consult with a local criminal defense attorney to discuss your options. Most attorneys offer a free consultation.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can I get another attorney instead of free lawyer for my case? and I want to pay for that if he can get me another date.

I need to go to another county to turn myself in and not sure if I can do that or another lawyer can get another date for me

Andrew L. Bennett
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Andrew L. Bennett
answered on Nov 27, 2023

You can always hire your own attorney even after the court appointed you a public defender. Use the find a lawyer tab on this site and look for a criminal defense attorney in your area. Discuss the situation with the attorney to see about getting a new date. Most attorneys offer free... View More

1 Answer | Asked in Criminal Law and Municipal Law for Indiana on
Q: My friend was pulled over and went to jail i was passenger.Cop let me drive off..can i be charged w/Driving while suspnd

My friend was pulled over and went to jail and then the cop allowed me to drive off in the car with the suspended license.. and then later down the line requested that driving while suspended charges be put on me is that even possible?.. I have no idea charges were filed against me until almost 3... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Nov 14, 2023

This sounds like BS, I suggest consulting with a local criminal defense attorney asap who can represent the facts to the prosecutor and hopefully get a dismissal of the charges.

1 Answer | Asked in Criminal Law for Indiana on
Q: I have a year old warrant for failure to appear in a revoke suspended sentence case.How long til it goes away or will it

The original charge was possession of meth level 6 felony. Probation violation was for failed drug tests. I missed court because my mom had a stroke and my siblings and I were trying to decide what to do with mom. I couldn't get proof from hospital to show that's why and a warrant was... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Nov 3, 2023

The bench warrant will remain active, it does not expire, until you are arrested or hire an attorney who can file a motion to recall the warrant, though the judge can still deny the recall.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I received a traffic citation in Indiana for disregarding a traffic signal. The officer provided me a hand written

citation. The citation section for my name, vehicle description, date, and time were all left blank. The only info on the citation is a court date, the violation, and the officers name. Is this grounds for dismissal? I checked mycase.com and it was filed I’m assuming he filled out the rest of the... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 17, 2023

If the officer left off your name, vehicle description, date & time, I think its quite possible the case will not get filed. You can check on mycase.in.gov to see if the citation does get filed, though not sure how without your name.

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: In Indiana is an individual labeled as a violent sexual predator on the offender registry allowed to carry a gun?
Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 26, 2023

Being labeled as a violent sexual predator is irrelevant, the person will have a felony conviction for some sex offense. All felons are prohibited from possessing a firearm.

1 Answer | Asked in Criminal Law for Indiana on
Q: My friend got charged with an F1 dealing a controlled substance resulting in death from 1,2,3 what will she get

What will happen to her what kind of charges could she get also they gave her a habitual fellon and bond 100,000.00 cash what will happen to her

Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 14, 2023

She either needs to hire an attorney ASAP or request a public defender at her first court hearing. She is looking at decades in prison.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got a class C misdemeanor for driving without a license. However I have gotten my drivers license. Before my...

Sentencing and was wondering with this being my very first ever to get into trouble how likely am I to go to jail. I have a child with autism and I am his main caretaker as I've said before I've never gotten into trouble with the law before and I'm unsure how my court sentencing date... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 6, 2023

Without knowing the specifics of your case as well as which court and the judge and prosecutor's take on such cases it is hard to say. You should contact an attorney who practices in the court where your case is pending and have a consultation.

1 Answer | Asked in Criminal Law for Indiana on
Q: How can you be charged with driving under the influence of a schedule 1 or 2 controlled substance when you refuse test

I was pulled over and refused the chemical test and was arrested for driving under the influence of a schedule 1 or schedule to controlled substance and they owed me without taking me to my initial hearing and then when I went to the court date that I was supposed to go to the next day I had a... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 6, 2023

If you have not yet hired an attorney, you should do so asap. If you cannot afford an attorney, then you will need to request a public defender.

2 Answers | Asked in Criminal Law for Indiana on
Q: Can police come to my house and say .they got me for dealing 6 months ago. But if I work for them they'll drop the deali

They had no warrent and they pulled over someone that left my house 6 months ago an got them with lot of drugs an think I deal but I do not deal drugs

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 31, 2023

Sounds like the person who left your house 6 months ago threw you under the bus. You should consult with a local criminal defense attorney. They may be able to reach out the prosecutor or police to get more information and help control the situation for you.

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2 Answers | Asked in Criminal Law for Indiana on
Q: Hi. I realized I have a pending criminal conversion case from 2014, how can I get it dismissed?

Hi. I realized I have a pending criminal conversion case from 2014, all fees were paid, my community hours were done BUT I did not submit them to the prosecutors office and the case has been pending. What can I do to dismiss this case? I have all my documents, including the community hour sheets... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 12, 2023

To get an accurate answer, you should contact a criminal attorney privately, ask them to look at your case on mycase.

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1 Answer | Asked in Criminal Law for Indiana on
Q: I have a warrant for a level 6 felony theft with prior charge, does that warrant expire?
Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 4, 2023

If the warrant is an original arrest warrant, it will expire six (6) months after it is issued. However, the prosecutor can always ask for it to be reissued and once that is done it will not expire. If it is a bench warrant, it will not expire.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I have 3 active suspensions for FTPno insurance and driving on suspended. 4000 reinstatement due.how can I get legal?

FTP suspension 2019 expires 2024.What can I do I'm indigent.need licence to be able to work .Greene County. All BMV suspensions already expired, why are court suspensions still in effect until 2024? All infractions and no insurance. The car wasn't even my car had no clue it wasn't... View More

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

You can file a petition to waive reinstatement fees, but it would be wise to also discuss your record with a criminal defense attorney to see if anything can be cleaned up on your record.

1 Answer | Asked in Criminal Law for Indiana on
Q: I decided to check mycase and found a writ but have never been notified of a court date or served any paperwork

I was arrested and released on bond never had an arrainment- i showed up on the day they gave me upon release and was told by the clerk that they had declined to file charges, then it appears a year after the issue they refiled the charges with different charges and I was never notified or served,... View More

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

You should consult with a local criminal defense attorney to see what your options are, there could be a basis to dismiss.

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... View 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... View 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
PREMIUM
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
PREMIUM
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... View 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.

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