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Questions Answered by Joel D. Hand
1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Indiana on
Q: I got a ticket for a suspended license officer wrote previous owners info on ticket, can they charge me after the fact

I bought my truck from an individual seller and I got pulled over before I got it registered and I have a suspended license, the officer wrote a ticket for the suspended license but put all the previous owners information on the ticket and not of my information, can they go back and charge me with... View More

Joel D. Hand
Joel D. Hand
answered on Mar 4, 2024

Yes. The ticket itself is not the actual charge until it is reviewed and filed by the prosecutor's office. The prosecutor's office may catch the difference and file the charge correctly. Even if they don't, the prosecutor has the ability to dismiss and re-file the charge with the... View More

1 Answer | Asked in Criminal Law and Health Care Law for Indiana on
Q: Is it permissible in court to request a DNA test of a hypodermic syringe for proof of innocence?

My husband was arrested and is being charged with unlawful possession of a hypodermic syringe that was discovered in a jewelry case located inside the Co- defendants vehicle's glove box. The co- defendant was also the operator of the vehicle at the time and has admitted to ownership of... View More

Joel D. Hand
Joel D. Hand
answered on Oct 16, 2023

First, in criminal defense, it is always important to remember that the defendant does not have to prove anything. It is up to the State to prove that a defendant committed each element of a given criminal charge.

Second, the defense lawyer MAY file a motion to have evidence confiscated...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Had court yesterday was there had to leave before over filed continuance and they put warrant or writ body attmnt

What should I do I have the continuance it's stamped and filed

Joel D. Hand
Joel D. Hand
answered on Sep 20, 2023

It sounds as though you are attempting to represent yourself rather than use an attorney. That is a mistake. Just because you file a request for a continuance does not mean that it will be granted. Local rules sometimes require that a request for continuance be filed days in advance of a... View More

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
Joel D. Hand
Joel D. Hand
answered on Aug 20, 2023

A judge may accept or reject any plea agreement presented. Plea agreements are negotiated between the prosecutor and the defense attorney. All parties, including the defendant, must be in agreement for a plea agreement to be filed with the court. Once a plea agreement is filed, the judge will hold... View More

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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.

Joel D. Hand
Joel D. Hand
answered on Aug 20, 2023

Yes. A person convicted of a second OVWI in Indiana will be required to serve no less than 5 days in custody or no less than 240 hours of community service work. This is true regardless of how long ago the prior conviction was.

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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

Joel D. Hand
Joel D. Hand
answered on Aug 12, 2023

Much will depend on the prosecutor’s office and how they decide to handle this situation. If you were in a pre trial diversion program, you have likely been terminated from it. I agree with Mr. Bennett. You really should contact a criminal defense attorney who regularly practices in the county... View More

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1 Answer | Asked in Traffic Tickets and Civil Litigation for Indiana on
Q: In Indiana I made an illegal turn I didn't get a ticket I got an ordinance violation, why can't I pay this online?

Apparently they're making me go to court it took them 3 months to send me paperwork this isn't how an everyday traffic ticket works why can't I pay this online?

Joel D. Hand
Joel D. Hand
answered on Aug 11, 2023

Courts are not required to provide you with the option to pay a ticket (or ordinance violation) online. However, most courts will permit a person to pay ordinance or infraction tickets through the mail or by telephone. You may wish to contact the court for assistance with payment options.... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: im wanting to transfer from IN to NJ while being on probation and owing restitution, can i do that ?

im currently homeless here in IN, and my girlfriend said i can move in with her in NJ if im able to be transferred there. my probation officer said that the state of IN will have to approve the go ahead to request a transfer. i told him i will do anything and everything possible to move and i will... View More

Joel D. Hand
Joel D. Hand
answered on Jun 8, 2023

If you are on probation for a felony offense, it is possible to transfer probation from one state to another. However, there is a process that must be followed and it requires approval of both the sending (Indiana) and receiving (New Jersey) states as well as payment for f a required transfer fee.... View More

1 Answer | Asked in Education Law for Indiana on
Q: Are middle schools required to have a police officer at the school at all times durring a school day?
Joel D. Hand
Joel D. Hand
answered on Apr 5, 2023

There is no Indiana statute that requires police officers or school resource officers to be present in any school. However, there are State grants available to schools for the purpose of hiring and training school resource officers. Local school boards are able to establish their own policies about... View More

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... View 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... View 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... View 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... View 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... 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.

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... View More

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1 Answer | Asked in Criminal Law for Indiana on
Q: Possession of methamphetamine for personal consumption in Indiana less than 5 g
Joel D. Hand
Joel D. Hand
answered on Aug 3, 2023

I'm not sure that there is a question here. Please re-post to ask a question that we can attempt to answer.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can you be charged with a habitual in more than one county at same time
Joel D. Hand
Joel D. Hand
answered on Jul 19, 2023

Yes. There is no prohibition against charging a person with the habitual offender enhancement in different cases regardless of whether those cases are in the same or different counties.

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... View 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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