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Questions Answered by Joel D. Hand
1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got a warrent that expired for not appearing for a misdemeanor driving while suspended what should I do about it ?
Joel D. Hand
Joel D. Hand
answered on Dec 14, 2022

Just because the warrant expired does not mean that the case went away. The case is likely still pending and the prosecutor could ask for the warrant to be reissued at any time. You are well advised to take this opportunity to try to resolve your case. If you have not been fingerprinted and... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: Can a person be a witness in a trial if they have already made 2 or 3 statements & they are all different? Not Credible?

If witnesses in a trial have all given multiple statements that are all different from each other and from their own previous statements then should they be allowed to be witnesses or testify in court?

Joel D. Hand
Joel D. Hand
answered on Dec 9, 2022

Yes, the witness can testify. Credibility of witnesses is always an issue for the finder of fact. In a jury trial, the finder of fact is the jury. In a bench trial, the finder of fact is the judge. Credibility of a witness can be attacked by prior inconsistent statements. That seems to be the... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got a speeding ticket in Indianapolis with the wrong name listed. Can I get the case dismissed?

The officer has put my first name in the last name box, my middle name in the first name, and my last name in the middle initial. All the other information is correct. I live in Illinois, and I have Illinois driver's license.

Joel D. Hand
Joel D. Hand
answered on Nov 21, 2022

Unfortunately, it is unlikely that your ticket will be dismissed if this is the only incorrect information. Transposing your name will likely be considered what is called a “scrivener’s error”. Prosecutors will probably be allowed to amend the ticket to reflect your correct name. If you have... Read more »

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 »

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.

Joel D. Hand
Joel D. Hand
answered on Nov 9, 2022

I agree with Mr. Bennett. Each case is different and should receive a its own specific evaluation before lending legal advice. For most clients who are offered an infraction deferral, it turns out to be the right decision as long as they can avoid receiving any additional tickets during the... Read more »

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can a police officer legally look in a vehicle with no search warrant or the owners consent?
Joel D. Hand
Joel D. Hand
answered on Sep 22, 2021

Assuming that you are referencing a situation in which a law enforcement officer is looking into a vehicle from the outside of it (e.g. through the windows), the officer would not need either a warrant nor the owner's consent. If you are referencing a situation in which the officer is... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: What does Status of council hearing mean ?
Joel D. Hand
Joel D. Hand
answered on Nov 20, 2020

It is a hearing set by the Judge to find out whether or not a party has hired an attorney yet and, if so, who that attorney may be.

1 Answer | Asked in DUI / DWI for Indiana on
Q: Hello I got 2 DUI’s in Kentucky, 2014 and 2016 both aggravated. Can I get this expunged?

Hello I got 2 DUI’s in Kentucky, 04/12/2014 and 12/10/2016 both aggravated. Completed all court ordered aa classes got my license back, no other offenses Would I be able to get these expunged?

Joel D. Hand
Joel D. Hand
answered on Jul 9, 2020

You would have to get them expunged in Kentucky if expungement is permitted in the Commonwealth. You can only expunge an Indiana case in Indiana. I highly recommend re-asking this question of attorneys licensed to practice law in Kentucky.

2 Answers | Asked in Criminal Law for Indiana on
Q: my son is persona non grata in Indiana almost 10 years instead of going to court for alledgedly selling hash Never tried

My son has been in no trouble at all since then and has no warrants against him. Can he come back?

Joel D. Hand
Joel D. Hand
answered on Jul 2, 2020

I would need more information to answer your question so that I could look up his case information to see what happened with it. Do you have the cause number? If not, I might be able to look it up with your son’s name and date of birth.

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1 Answer | Asked in Education Law for Indiana on
Q: For children whose parents don't want them to return to the classroom this fall, the school is offering online learning.

However, those who choose this option are denied access to extracurricular activities. Is there a legal remedy for this?

Joel D. Hand
Joel D. Hand
answered on Jul 1, 2020

The short answer is, probably not. Extra curricular activities are not considered to be a part of a student's right to a public K-12 education. It is my understanding that the Indiana High School Athletic Association (IHSAA) changed its guidance this last Friday to allow for a case-by-case... Read more »

3 Answers | Asked in DUI / DWI, Criminal Law and Traffic Tickets for Indiana on
Q: For prior offense DUI is it dated from date of conviction or date of last occurrence?

I have a pending DUI charge and IC 9-30-5-3 has recently changed. Prior occurrence has changed from 5 years to 7 years. My first DUI occurred November of 2012 but was not decided until April of 2013. My pending charge occurred on 02/05/2020. So because of this change my charge is somewhere in... Read more »

Joel D. Hand
Joel D. Hand
answered on Jun 4, 2020

The seven year time period begins on the date of the prior conviction. In your situation, the new charge is a Felony because it is within seven years of your most recent OWI conviction. If you have not previously had a Felony conviction reduced to a Class A misdemeanor through the Alternate... Read more »

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1 Answer | Asked in Criminal Law for Indiana on
Q: Filed a police complaint tied to a criminal charge and now they want to interview me, should I go?

I was pulled over and subsequently arrested for pot possession. I filed a complaint against one of the officers for the way I was treated. Three and a half months later I finally get a call and an email from an officer claiming he needs to interview me for the complaint process.

Should I... Read more »

Joel D. Hand
Joel D. Hand
answered on May 5, 2020

If your criminal case is still pending, you should talk to your attorney on the criminal case about whether or not to participate in the interview by law enforcement regarding your complaint. If you are not yet represented by an attorney on the criminal case, you absolutely should hire an... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Indiana on
Q: I acted in self defense, and I had gotten charged for domestic battery as a minor. Is there any way to reduce the charge

I hid something of my sisters so she’d pay me back money that she owed me for breaking my things.(items I took never left the room.) She attacked me and broke through my door as I was closing it to get away from her. She charged me, and I hit her in the face to get away, because she wouldn’t... Read more »

Joel D. Hand
Joel D. Hand
answered on May 4, 2020

First, you need to hire an experienced criminal defense attorney who can help defend you against this criminal case. Second, any good criminal defense attorney will tell you that you should only be discussing the facts of your case with your attorney. You should not talk with your friends, your... Read more »

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1 Answer | Asked in Adoption and Juvenile Law for Indiana on
Q: Can a 14 year old girl runaway from home and not get in trouble?

I’m 14 years old That lives in Indiana and I don’t want to live with parents anymore. They mentally abuse me. They control my life and don’t let me express myself. They always shut me down and always threaten me that they will hit me. I’m tired of waking up everyday and hearing they yell at... Read more »

Joel D. Hand
Joel D. Hand
answered on May 1, 2020

The short answer is “No”. You cannot run away from home without running the risk that you will find yourself in juvenile court for a juvenile delinquency matter. You could be placed on juvenile probation and have many consequences imposed by the judge.

However, you really should reach...
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2 Answers | Asked in Criminal Law for Indiana on
Q: I live in blackford county indiana I need to get a lawyer for my husband who is looking at 13 years.

I have a inheritance check of 2600 coming this week and. 2 other checks coming can someone please help me. O can use the 2600 as down payment and make payments on the rest. I only have til may 26

Joel D. Hand
Joel D. Hand
answered on Apr 26, 2020

Feel free to call our firm. 317-964-6000. Four of our five partners practice criminal defense and have hundreds of trials in our experience. We would be happy to offer your husband a free initial consultation.

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2 Answers | Asked in Traffic Tickets for Indiana on
Q: Is there a way to ammend a speeding ticket I got? I didnt have insurance and got letter for license suspension.

I am a single mom and recently divorced and trying to get everything in line and just happened to get pulled over. And I have a full time job at hospital and need to be able to make money to stay on track

Joel D. Hand
Joel D. Hand
answered on Apr 24, 2020

How prosecutors handle traffic infractions varies widely from county to county. In some counties, prosecutors will not amend any traffic ticket which leaves you with the choice of either paying the ticket or taking it to trial. In other (most) counties, prosecutors may be willing to amend a... Read more »

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3 Answers | Asked in Criminal Law and DUI / DWI for Indiana on
Q: My husband was arrested for OWI and reckless homicide. I’m curious as to how much time we’re looking at.

He was convicted of possession almost 20 years ago and has not been in any legal trouble since I know that the charges carry a sentence of anywhere from 1-12 years. I’m curious as to what amount of time he will LIKELY be sentenced to based on his history and everything else. Just a professional... Read more »

Joel D. Hand
Joel D. Hand
answered on Apr 15, 2020

Operating a Vehicle While Intoxicated Causing Death is a Level 4 Felony which has a sentencing range of 2 years to 12 years in the Department of Correction with an advisory sentence of 6 years. Reckless Homicide is a Level 5 Felony which has a sentencing range of 1 to 6 years in the Department of... Read more »

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2 Answers | Asked in Criminal Law for Indiana on
Q: Is there a conflict of interest if the victim on my case works in the prosecutor's office that prosecuted me

I was prosecuted by this prosecutor and found guilty I didn't find out that she worked for him until after I was convicted and sent to prison

Joel D. Hand
Joel D. Hand
answered on Apr 13, 2020

While I hate to answer your question with a question, it is very important to know whether or not your attorney knew about the employer/employee relationship between the prosecutor and the victim. Even if your attorney did not know about that relationship, it still may not be a conflict that would... Read more »

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1 Answer | Asked in DUI / DWI for Indiana on
Q: I'm looking to get my three OWI's expunged pro bono. Or advice on how to go about doing it myself.

2005,2007,2008

Joel D. Hand
Joel D. Hand
answered on Apr 13, 2020

If any of your prior convictions are from Marion County, Indiana, there is a self-help desk located in the City-County Building to assist people with the preparation and filing of pro-bono petitions for expungement.

2 Answers | Asked in Traffic Tickets for Indiana on
Q: What is ic 9-41-5-2a
Joel D. Hand
Joel D. Hand
answered on Apr 13, 2020

Mr. Cunningham is correct, Indiana Code, Title 9 (the motor vehicles title of the code) only goes up to Article 33 so the code citation that you provided does not exist in Indiana statute presently. However, Indiana Code 9-30-5-2(a) is a very common code citation and it is a part of the Indiana... Read more »

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