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Questions Answered by Andrew L. Bennett
1 Answer | Asked in Criminal Law for Indiana on
Q: can you please impound my vehicle if I have a warrant out for my arrest for probation violation
Andrew L. Bennett
Andrew L. Bennett answered on Feb 25, 2021

I am assuming you meant "can police impound my vehicle . . . " If you are stopped in your vehicle and on a public road or location and not your property, the police can impound your vehicle as part of their caretaking function to prevent theft or damage. If it is in a location where... Read more »

2 Answers | Asked in Criminal Law for Indiana on
Q: Can someone get arrested for resisting arrest if they are not commiting a crime?

The defendant was told he was not being arrested or detained that the officer just wanted to speak to him. The officer asked for the knife on his belt and the defendant said he'd like to keep it since he was not being arrested or detained and was not on probation and had no wants or warrants.... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 23, 2021

It sounds like there is a lot going on and to accurately answer the questions, to get all the details, he needs to consult with a criminal defense attorney sooner than later.

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can someone be charged with unlawful possession of a syringe in Indiana if it was just found NEAR them in a public place

He was jumped by a group of guys who were trying to rob him because they knew he had just got all of his unemployment back pay in one lump sum. When the cops, fire department and emts arrived they found him unconscious on the ground with a syringe laying next to him. He didn't have any drugs... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 23, 2021

In Indiana, possession can be either actual (on the person) or constructive. To be constructive possession the state will need to prove that it was within his dominion and control. Obviously, if it was found by him it is within his dominion, however, they also must prove he knew of its existence.... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Indiana. I’m 16 and I got into a fight with a 20 year old on our property after he wouldn’t leave. Will I be in trouble?

My sisters ex came onto our property causing problems, him and his dad tried to jump my dad so I pushed the 20 year old away and he hit me so I defended myself. Will I be having any trouble and will he? The cops were called and it was sent into the prosecution office

Andrew L. Bennett
Andrew L. Bennett answered on Feb 16, 2021

It sounds like you have a good self defense case. It will be up to the prosecutor to review everything that was sent to him/her to make a charging decision.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can Marshall county Indiana charge a person with a crime almost 2yrs after someone else plead guilty to the charge.

Our daughter was dating a guy who started dealing drugs after they started living together. He got caught, charged and sentenced. Almost 2yrs. later and after our daughter got herself into trouble (misdemeanor and probation) the only thing on her record. The county police show up saying they were... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 15, 2021

Yes, Marshall County can charge your daughter with a crime that someone else pled guilty if the allegations are she is a co-defendant in the commission of the crime. If they are charging her with murder or another homicide charge, the $25K bond is normal. She should hire an attorney who can... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If you take a vehicle with the keys in it but didn't have permission took it across state lines can you be tried twice
Andrew L. Bennett
Andrew L. Bennett answered on Feb 11, 2021

Both states would have jurisdiction over the auto theft and it would have been a continuing crime while going from one state to the next. Both could prosecute for the violations of law in each state, however, the prosecuting attorney in one may elect to not pursue the charges based on charges in... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: How long can a arrest warrant be sealed? And how does a person access the probable cause affidavit?

Our daughter was dating a guy who acquired a case and has been convicted and sentenced. Over one year later Elkhart Police show up with a sealed warrant for our daughter. No one ever received notice there was ever a hearing to seal the warrant. Not sure if administrative rule 9 was used. The only... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 9, 2021

A prosecuting attorney when filing charges can request the court seal the warrant until the person has been arrested. It is done so the person does not find out about the charges and flee the jurisdiction. Once the person has been arrested on the warrant and is in the county where the warrant was... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: A felony from 2014 marijuana possession, and a felony 6 for meth possession in 2021. What length sentence is there?

If someone has a felony for marijuana possession from 2014, and now has a felony 6 for meth possession in 2021, what length sentence are they facing? Online states the sentence for a first felony as 6 months to 2 and a half years, but not a sentence for a 2nd felony. This happened in Indiana.

Andrew L. Bennett
Andrew L. Bennett answered on Feb 8, 2021

A level 6 felony has a penalty range of 6 months to 2 1/2 years with an advisory sentence of one year, even for a second offense and also any subsequent offense. However, with prior convictions the sentence can be aggravated from the advisory to the max sentence. If the second offense has an... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I was charged in 2015 for 2 level 6 felonies bailed out and was on bail for 2 yrs was sentenced to five years probation

Which was 2 900 day consecutive sentences I competed one and PTR in 2020 also getting a level 5 felony when I got arrested. Then I did 210 days in jail and they only gave me 76 days credit shouldn't it have been I got a day for every day I did in jail? Two for one?

Andrew L. Bennett
Andrew L. Bennett answered on Feb 8, 2021

If you had an attorney, you should contact your attorney to make sure the credit time is correctly allocated. Jail credit for a Level 6 is day for day and on the Level 5 it is one for four.

2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Car Accidents for Indiana on
Q: is hitting a dog reason for license suspension in Indiana?, I found out I was suspended for an accident i wasn't in

was suspended for an accident involving a dog I wasn't involved in or even knew of...i got 8 kids, i cant afford this , what do i do now pro se?

Andrew L. Bennett
Andrew L. Bennett answered on Feb 8, 2021

Hitting a dog is not reason for a license suspension, however, leaving the scene of an accident will result in a license suspension. You will have to petition the court to have your license reinstated, but will need proof you were not involved in the accident.

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can you be held accountable for failure to appear if incarcerated in another county jail the day your being charged?

My boyfriend got arrested in dubois county on 2/4/2021 to them find out he had a writ body attachment on him dated 2/6/2020 from crawford county for failure to appear but he was incarcerated in pike County jail the day he is being charged? Is this really legal? Now dubois county is holding him till... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 5, 2021

Yes, it is a common occurrence and the Crawford Co. court put the detainer on him to make sure he appears in court. DuBois County must honor the warrant until Crawford Co. jail can arrange transport. The Crawford Co. court will want to know why when he was released in Pike Co. did he not contact... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I have unpaid tickets from 2017&2018 that I never received information in the mail on.

I tried paying them today on public.courts.IN.gov today and all of them say they have been sent to collections, but they are not on my credit report for me to know what agency they are with. What is the best way for me to go about paying these/finding the information so I can get my license back?

Andrew L. Bennett
Andrew L. Bennett answered on Feb 2, 2021

You should set up a MyBMV account if you have not already done so which should give specifics on each. Additionally, consider speaking with an attorney about the unpaid tickets, if you are suspended for an unpaid ticket, it may be possible to set the judgement aside and keep it off your record.... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I have a criminal case in johnson I need represented for how to find the most affordable prices?
Andrew L. Bennett
Andrew L. Bennett answered on Jan 21, 2021

The way to find the best attorney for you, one that you can feel comfortable with and can afford is to call several, most have free consultations, to discuss your matter with them. Additionally, most attorneys have payment arrangements to make monthly payments. You can use the Find a Lawyer... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Will I do jail time for a possession of marijuana under 20 grams

I live in Michigan which is a legal marijuana state and got pulled over with some marijuana in my trunk in Indiana that I forgot about. The court date is 4 hours away. Will I go to jail what do I do?

Andrew L. Bennett
Andrew L. Bennett answered on Jan 18, 2021

You should contact an attorney who is familiar with the county where your case is pending. Jail is always a possibility, however, an attorney can protect your rights and interests, as well as possibly negotiate a resolution to the case where you would not have to come back to IN to conclude the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: What does order granting petition to revoke probation mean?
Andrew L. Bennett
Andrew L. Bennett answered on Jan 12, 2021

It means either the probation or the prosecutor filed a petition revoke a person's probation for violating a term of probation. The court granted the filing of the petition and either a summons or a warrant will be issued.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Can I still get a weapons permit if I have a class a misdemeanor charge for domestic violence.
Andrew L. Bennett
Andrew L. Bennett answered on Jan 6, 2021

If you have a conviction for a domestic battery there is a brady disqualifier that will prevent you from obtaining a gun permit. Depending on how long ago the conviction was you may be able to have it expunged. Consider speaking with a local criminal defense attorney.

1 Answer | Asked in DUI / DWI for Indiana on
Q: Pulled over for OWI; passed the field test, field breathalyzer, and station machine. Then did blood draw and said fail.

How do I find out what results were and is he allowed to keep forcing me to take tests?

Andrew L. Bennett
Andrew L. Bennett answered on Jan 6, 2021

You will find the results once you receive discovery from the prosecutor's office. An officer can request multiple chemical tests, however you should consult with an experienced criminal defense attorney to determine if it was all done correctly.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: My ex went to jail for domestic battery and strangulation charges ? Recently they dropped both felonies to misdemeanor

I had bruises on my neck for over a week a fracture foot in three spots that needed surgery . How do I go about if I don’t agree with his charges ? And how do I make him pay for my injury?

Andrew L. Bennett
Andrew L. Bennett answered on Jan 3, 2021

You can contact the prosecutor's office to speak with the deputy prosecutor assigned to the case or the victim's assistant. The prosecutor has a legal obligation to speak to the victim about the case. You can ask the prosecutor seek restitution for your damages, you can also sue him civilly.

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: I was giving 72 days and 1 Year's probation on a Class C misdemeanor is that legal and no two for one on the 72 days
Andrew L. Bennett
Andrew L. Bennett answered on Dec 28, 2020

That sounds like an inappropriate sentence. You should contact the clerk to get a copy of the sentencing order and then talk to a local criminal defense attorney.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: What constitutes a No Knock warrant in Indiana?

On a tip from a C. S. The police served a NO KNOCK warrant. For pot? First SWAT then ICE. Never identified themselves. At gun point. Wouldn’t show us the warrant. Left it after the search. Had no affidavit. They had no badges , we couldn’t EVER see they’re faces. The affidavit is excluded... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 22, 2020

You need to contact an experience criminal defense attorney in your area to discuss the case in more detail.

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