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
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.
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
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
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
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
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?
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
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.
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
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
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
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.
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
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.
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.
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...View More
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