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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and White Collar Crime for Indiana on
Q: Can anyone help me ?? 2 lawyers have withdrew for bigger permenent jobbs which i guess i undwrstand I need lawyer &advic

owi, i have epilepsy. went long enough to get my licence, it had been years since one, my doc lowered it by 200mg and i felt it coming on so i pulled over parked at a bussiness. its complicated, my doc and my polypharmacist have both stepped in but after 1st lawyer left the 5 days ago now 2nd... Read more »

Joel D. Hand
Joel D. Hand
answered on Nov 17, 2022

It sounds as though there is at least a possibility that you may have a defense to one or more of charges that you could be facing but there is not sufficient information in your post to know for certain. I strongly recommend that you reach out to an experienced OVWI/criminal defense attorney who... Read more »

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: for 9-21-8-33(a)/IFA: Failure to Yield at Yield Sign-Involves bodily injury should you plea not guilty even if you are?

could this possibly be plead down to a falure to yeild or something?

Charles Candiano
Charles Candiano
answered on Oct 11, 2022

You need to be represented by counsel. Almost everything can be played to a lesser included offense, under most circumstances. There are too many variables to discuss and there are details that should not be published in an online forum. You need to contact a criminal defense attorney who... Read more »

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 Criminal Law for Indiana on
Q: I was urine tested today on house arrest in Indiana and I'm pretty sure it will come back as a positive what will happen

This is my first ever failed screen I'm on house arrest until December 5th

Greg Spencer
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Greg Spencer
answered on Sep 7, 2022

If this is your very first write up, it may be possible to have an administrative hearing. It depends on the county, and if it is your first dirty drop or not.

It is also possible community corrections file a violation with the court.

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 for Indiana on
Q: My boyfriend's been in jail for 15-day hold for a violation of probation will they give him a bond after his 15 days are
Greg Spencer
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Greg Spencer
answered on Sep 5, 2022

It depends on the county and the seriousness of the violation. Mycase.in.gov may state “hold then bond in the amount of…or “15 days hold then no bond hold.”

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: Hi is it illegal for a prosecutor for criminal case to not file appearance
Greg Spencer
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Greg Spencer
answered on Aug 16, 2022

It might not be reflected on mycase.in.gov but a prosecutor is most likely assigned to the case, and you or your attorney know who that is. Sometimes prosecutors get reassigned to other cases or courts.

1 Answer | Asked in Criminal Law for Indiana on
Q: I am being charged with a neglect of a minor , it was just issued a few days ago but it’s saying the incident happene

Said incident happened on 4/9 of this year but I was never arrested or charged with anything but now all of a sudden I’m being charged, and this is the first I’m hearing of this, is this legal

Greg Spencer
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Greg Spencer
answered on Aug 14, 2022

Yes. There may be different reasons fir it including late reporting of the alleged crime.

1 Answer | Asked in Criminal Law and Traffic Tickets for Indiana on
Q: What are the consequences of the information being incorrect on the official affidavit.

I was pulled over and they gave me a possession charge. In the report the vehicle listed is incorrect

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 2, 2022

It can be used to attack credibility of the witness, however unless there is something more, as long as the witness is accurate with everything else, including identifying the defendant as the violator in Court, it most likely will not be enough to help the defendant.

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 and Appeals / Appellate Law for Indiana on
Q: if a sentence is vacated by the Supreme court and mandated to be expedited back to the circuit court and the circuit co

the circuit court is ignoring the ruling. this was done on May 4 2021. so that the defendant could possibly get some relief from the prison sentence. The states attorney was called and asked why they were not getting the defendant back in court for this ruling, he said it's the... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 20, 2022

First, I am not an Indiana lawyer. But I suggest sending a letter or posting a pleading for the trial court, to get things moving.

1 Answer | Asked in Criminal Law for Indiana on
Q: What to do

Dear Attorneys My story IN ELKHART IN starts by a detectives calling me asking about a stolen vehicle that I sold to a gentlemen out of mishawaka. Yes is true the vehicle that I sold was stolen in which I bought from a lady with the title and keys in which it needed mechanical work I thought it... Read more »

James A Hanson
James A Hanson
answered on Jul 7, 2022

This is an issue that you really need to discuss confidentially with an attorney.

I will say that in criminal matters there is a requirement that the person did the prohibited act with certain level of intent. Usually this intent is "knowingly" or "intentionally." If you...
Read more »

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
PREMIUM
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 Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: Do Indiana crime labs have the technology or ability to tell (test) if it's hemp or marijuana

I read an article by Forbes magazine which claimed that indiana didn't have the ability to tell the difference between hemp and marijuana. Now if they can how easy is it? Would it take a long time and would it be costly to the state

Greg Spencer
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Greg Spencer
answered on Jun 23, 2022

I have seen the language in the lab work from the State "Marijuana THC percent not determined". Hopefully at some point in the future they would be able and/or interested in trying to determine that percentage.

1 Answer | Asked in Criminal Law for Indiana on
Q: Ik someone with a mis Warrant? How long will the sheriff wait to serve the warrant they live in Hendricks County Indiana

I have a friend who was just made aware they have a misdemeanor arrest warrant in Hendricks County Indiana I'm trying to find out how long the sheriff waits to serve the warrant

Greg Spencer
PREMIUM
Greg Spencer
answered on Jun 23, 2022

A warrant can be served any time, depending on the seriousness of the offense and if the defendant is considered dangerous or not. If it is just a misdemeanor check mycase.in.gov to see if bond can be posted. Generally the sooner a defendant gets out of the warrant status the better. It is better... Read more »

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