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2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can "Fruit of the Poisonous Tree" be used as a defense for meth found after false gun report?

Someone falsely reported to the police that I had a gun. When pulled over, I fled because I was without a license. Although I did not have a gun, the police found meth in my truck's cooler. I'm charged with possession and intent to distribute, although there's no fingerprint or DNA... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 4, 2025

Likely not, had the police pulled you over simply because of the false allegation of a gun, you might have a good chance. However, because you fled, the discovery of the meth was likely as a result of a search incident to an arrest. The definitive answer will depend on the fine details of the... View More

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2 Answers | Asked in Traffic Tickets for Indiana on
Q: Can I reduce or drop a ticket for speeding 74 mph in 55 mph zone in Indiana?

Can I reduce or drop a ticket for speeding under Indiana Code 9-21-5-2(a)(2) for exceeding the maximum speed of 55 mph? I was driving 74 mph. This is not my first ticket, but it's my first for this year. There were no specific conditions like weather or traffic influencing my speed, and there... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 4, 2025

To answer your question will depend on a few factors. Are you a CDL operator, if so, it is very likely the prosecutor will tell you your only option is to pay the ticket or take it to trial. If you are not a CDL operator, it will depend on your record and which county your case is filed in.

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1 Answer | Asked in Criminal Law for Indiana on
Q: Facing hearing in Indiana for buying alcohol for a 15-year-old minor. Do I need an attorney?

I am facing a first hearing for allegedly buying alcoholic beverages for a minor who is 15 years old in Indiana. There are no previous offenses involved. Do I need an attorney for the first hearing, and what should I expect?

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 15, 2025

You do not need an attorney for the first hearing, which is your initial hearing as long as you enter a not guilty plea. However, if you are charged with a misdmeanor of furnishing alcohol, you could plead guilty at your initial hearing, though that would be unwise. You should consult with a... View More

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Indiana on
Q: Can I strip my abusive ex's parental rights after our baby is born in Indiana?

I am currently pregnant and not married. My boyfriend and I broke up after he physically assaulted me while pregnant, and I pressed charges against him. He also broke into my home, leading to a no-contact order being placed. I have previous charges filed against him for breaking and entering, and I... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 11, 2025

Since you say you are not married then he currently has no parental rights to your child. However, if he goes to court and establishes paternity, then he would have rights. However, even after paternity is established the court can make visitation supervised or not at all if he is a danger to the... View More

2 Answers | Asked in Constitutional Law and Criminal Law for Indiana on
Q: Can a non-violent felon own a gun after 9th Circuit ruling?

I have a non-violent felony conviction from over ten years ago and have not pursued any legal proceedings since. I'm inquiring about the impact of the United States v. Duarte ruling by the 9th Circuit on my ability to own a gun. Can I now legally own a firearm?

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 11, 2025

It is uncertain how a 9th circuit case would impact someone living in the 7th circuit or any other circuit, until the S. Ct. hands down a ruling. Regardless, you may want to consider expunging your felony conviction and then going through the process of restoring your rights under IN law. This... View More

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1 Answer | Asked in DUI / DWI and Criminal Law for Indiana on
Q: What is the penalty for a DUI in Indiana with a prior out-of-state DUI and a Class 6 felony charge?

What will the penalty be for a DUI in Indiana if there is a prior DUI from another state four years ago, and the current charge has been upgraded to a Class 6 felony for an unknown reason?

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 11, 2025

If you are arrested for and OWI and have a previous conviction within 7 years in IN or out of state and the out of state conviction offense is substantially similar to an IN offense, then the new OWI can be filed as an F6 felony. This has a penalty range of 6 months to 2 1/2 years in jail and up... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Shoplifting under $10 and I’ve never had any prior convictions. How do I make sure this doesn’t go on my record?

This happened in Indiana but I’m from Kentucky. I was fully compliant but they still gave me a court date. I have a clean record and I would like to know how to make sure this doesn’t go on my record. How do I get this case dismissed or how can I get it expunged? What should I do in court?

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 18, 2025

When you go to court, do not plead guilty, rather plead not guilty and see if the prosecutor's office would offer you a pre-trial diversion. This is an agreement, where if you complete the terms and have no new arrests or charges, the case gets dismissed and it will then be automatically... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: How long for court date after misdemeanor bail in Indiana?

I was bailed out of jail on December 14, 2024, in Steuben County for two misdemeanor charges: possession of marijuana and Operating While Intoxicated (OWI) under the influence of a schedule 1 and 2 substances. I have yet to receive an initial court date for my case and do not have legal... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 18, 2025

If you have not yet received a court date yet, then the prosecutor has likely not yet filed charges. The prosecutor has two years to file charges under the statute of limitations. You can check on mycase to see if/when charges have been filed. I would suggest consulting with a local criminal... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I have a question about how a plea agreement shows on a criminal record

If a plea agreement states "The parties agree and understand the defendant shall receive misdemeanor treatment for his plea of guilty to count iii, theft, a class D felony" does that mean the defendant was convicted of a class D felony or a class A misdemeanor?

Andrew L. Bennett
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Andrew L. Bennett
answered on Jan 23, 2025

The quoted language means the person plead guilty to an offense that qualifies as a Class D Felony based on the elements of the offense and to get a factual basis for the plea agreement. However, because the sentencing statutes allow for the conviction to be entered as a Class A Misdemeanor then... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Why would an attorney put in a motion to withdraw after a case has been decided in Indiana?
Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 31, 2024

If it is a criminal case and a plea agreement has been entered or after a trial the person has been sentenced to probation, the reason for the attorney's appearance in the case has concluded. If the attorney did not withdraw and there were a probation revocation, then the attorney would be... View More

2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: If one is incarcerated on a ptr & makes bail can the prob. dept. order them to do work release before discovery hearing?

Bartholomew county jail, inmate was incarcerated on ptr from a level 6 felony from 6 years ago. Inmate was offered bail and I paid $5,000 on Friday Oct 4. Today was her initial hearing/ attorney status hearing and her discovery/sentencing hearing is November 13th. We checked in with her probation... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 7, 2024

As a general rule, the PO cannot do so. However, if there is a term in the rules of probation that she signed allowing for work release with a violation of probation filed, then the answer could be yes. Additionally, if the court ordered her as a condition of the bond to go to work release that... View More

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1 Answer | Asked in Criminal Law for Indiana on
Q: Double jeopardy in case dismissed without prejudice?

I was charged with domestic battery, they ended up dismissing the case because my fiancé would not testify against me. They dismissed it without prejudice - I know that means they can reopen it at anytime, but doesn’t that conflict with the double jeopardy clause? How can you be tried again for... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 3, 2024

Dismissing without prejudice means the prosecutor can file the case anytime up until the statute of limitations has run. If a misdemeanor the SOL is 2 years and if it's a felony then 5 years. Double jeopardy only applies if the trial against you had begun, meaning a jury was selected or a... View More

1 Answer | Asked in DUI / DWI for Indiana on
Q: Did not install the ignition Interlock device, what form i need for court asking judge to reinstate my liscence?

Nevern installed cuz i was on work release and house arrest ordered. completed everything else ordered. been over 10 years and trying to get Indiana Liscence back. Could judge have BMV Indefinite suspension removed without having the interlock installed since so many yrs.

couldnt install... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on May 3, 2024

Contact a local traffic attorney who can review your record and see what can be done to remove suspensions to get you valid. Most attorneys have free consultations. Also, if you do not have a myBMV account set up, do so before you contact the attorney so he/she can look at your record.

1 Answer | Asked in Criminal Law for Indiana on
Q: I have two charges from 1985. altered driver's license and it was dismissed. criminal conversion does this

disqualify me from becoming a notary public?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 20, 2024

I do not know specifically if the conversion would prevent you from becoming a notary, however conversion is a crime of dishonesty, therefore more than likely it would disqualify you. It appears you would qualify to have the cases expunged off your record. Consider consulting with a criminal... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I was arrested last Sept. 22 ,two F 6's, poss. charges. I am, on March 20, 2023, just being arrained. Is this legal?

in Sept of 22, I bonded out of jail two days later on 1200 cash bond. I hadn't been arrained yet at this time. I was gave a paper with a court date for arraignment the following week. The jail messed up, they said, cause the date on the paper was on a Saturday. The jail advised me the... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 17, 2024

The State has 48 hours to have charges filed and probable cause to be determined by a judge or magistrate. Since you bonded out the time requirement no longer applies. The State has five years from your arrest date to file charges.

1 Answer | Asked in Criminal Law for Indiana on
Q: First time level 6 felony , what amount of jailtime. Or can.probation be an alternative to jail.

Does rehab help lesson the punishment for a level 6 felony

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Feb 6, 2024

A level 6 felony has a penalty range of 6 months to 2 1/2 years in jail or prison. However, the incarceration for the person can be suspended and placed on probation. Rehab will not lessen the penalty per se but is a mitigating factor in determining the appropriate sentence.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Should i plead guilty? no contest? or ask for infraction deferral?

I got a 9-21-5-11 (c)(2) ticket for speeding in a workzone, no workers present. The cop clocked me going 90 however I had my cruise control set to 80. the speed limit was 55. How do I plead to best lower my ticket price or consequences?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Feb 3, 2024

Pleading guilty will add significant points to your record. Also, a no contest is really a plea of guilty in disguise, same effect. If the prosecutor offers an infraction deferral, that would keep the conviction and points off your record. If they do not offer the deferral, then you should... View More

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can a prosecutor force me to testify against my spouse in Indiana after coercive police actions?

I'm married and my spouse was arrested and charged with murder in Indiana. I wasn't present at the scene and have no first-hand knowledge; the incident was two hours away. However, three days later, I picked up my spouse to be with our kids. A detective, without a subpoena, drove two... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 21, 2025

If your spouse is going to trial and you are being subpoenaed to testify, you should hire an attorney yourself to discuss the situation with him/her and if the spousal privilege applies and to protect your interests from the State.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: Can I reverse an unsuccessful probation judgment and reduce a felony to a misdemeanor in Indiana?

In 2019, I was charged with a felony 6 and was told that after completing 365 days of non-reporting probation, the felony would be reduced to a misdemeanor, allowing me to continue teaching PreK. However, due to unforeseen circumstances and the COVID-19 pandemic, I was unable to meet the probation... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 19, 2025

Have you filed a petition to reduce the felony to a misdemeanor? If not, it may be possible the State and the Court would agree. If you have and it has been denied, consider filing an expungement.

2 Answers | Asked in Criminal Law, Child Custody and Family Law for Indiana on
Q: Facing Level 6 felony charges for alleged kidnapping despite having permission proof from custodial parent.

I am facing accusations of kidnapping and have been charged with two Level 6 felonies because someone claims I took my daughter across state lines without permission. However, I have Facebook messages proving I had permission from my daughter's custodial parent to take her. How should I... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 31, 2025

Make sure you take screenshots of the FB messages so they are not deleted or lost. You should also hire an attorney or request a public defender and give then the FB messages.

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