Under Indiana law, a student has a right to attend the public school in the attendance area of the school where the child has legal settlement. Legal settlement is determined by the address where the child resides.

Based on the information you provided, because you and your children now... View More

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

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... View More

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

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

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.

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

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

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

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.

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

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

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

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

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

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

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

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

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.

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.