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Questions Answered by Andrew L. Bennett
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
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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
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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 for Indiana on
Q: Grandson found cell phone on floor at dq and kept it is it stealing
Andrew L. Bennett
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Andrew L. Bennett
answered on Jun 11, 2024

It is Conversion, both civilly and criminally as he is depriving the owner of its value and use.

1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: Hired attorney 2017 for specialized driving privilege. my attorney retired without me knowing. My license status is HTV!

I was pulled over and being charged with HTV For life.

What should I do?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Apr 17, 2024

You should hire another attorney to represent you in the new case and to see about the possibility of specialized driving privileges.

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Why did the police take my guns and keep them after they were used as self defense?

I’ve had my firearms confiscated from me by the police after my home was being burglarized by thieves and I used it as self defense no one was injured but the police still took it as “evidence” the case was dropped and over it’s been a year and I still get a run around about getting my guns... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 5, 2024

You should consult with an local attorney who can file a motion with the court to order the police to give you your guns back if you are still a proper person and they have no legal reason for holding them.

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1 Answer | Asked in Criminal Law for Indiana on
Q: How much methaphetamine does it take for them to send it off to the lab?

In the state of Indiana

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

That will depend on the police department policy as well as the state lab policy. However, many police departments have equipment to do testing either a chemical reagent test or miniature spectrometers.

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Business Law and Civil Litigation for Indiana on
Q: Why won't the police do anything when someone takes your items without compensation?

Left items at toy store for appraisal,after a balljoint failed ruck totalled almost life lined. Kept in touch full time with Google, or Bay. But soon as got my feet back on ground and was ready pick up my legally owning items. for two totes toys from 1980-1999 and 73 HOTWHEELS was $40 so declined... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 31, 2024

Contact the Attorney General's Office for consumer fraud.

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: If a hospital blood draw is under the legal limit and then the state lab draw is over the legal limit can you fight?

The state lab took 6 months

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 19, 2024

If the two blood draws are done close in time to where there should be a comparable result, then it does become an evidentiary issue as to what is the correct blood score. You should consult with and experienced OWI attorney.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: In 2020, I got a warning for speeding in Indiana and today I got a speeding ticket due to that warning.

Can I plead not guilty since the warning was issued over three years ago?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jan 8, 2024

If the ticket was filed more than 2 years after the infraction offense date then the State has blown the statute of limitations and the case should be dismissed.

1 Answer | Asked in DUI / DWI for Indiana on
Q: What does OMNB form mean in court?

It was a motion filed and I’m not sure what exactly that means

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

It looks to be an abbreviation for onmibus which is a hearing date that is a deadline date for filing certain motions and defenses. You should discuss this with your attorney.

1 Answer | Asked in Criminal Law for Indiana on
Q: I'm court ordered to a deposition regarding drug charges that a family member acquired he saying drugs were mine idk wht

I was at a different residents next door when law enforcement found drugs in his home he was on probation I am not but he is now claiming drugs were mine Im confident there Is no case but an educated opinion would be nice thank u

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 12, 2023

If you are court ordered to appear at the deposition then you need to go. However, you should not go without an attorney since anything you say will be recorded an can be used against you. Contact a local criminal defense attorney and discuss the situation.

1 Answer | Asked in Criminal Law for Indiana on
Q: I was arrested in April 2023 during a traffic stop on an FTA warrant.

I was arrested in April 2023 during a traffic stop on an FTA warrant. At the jail I was given jail attire to change into. During my dress out the officer found a bag of Methamphetamine inside my underwear, the jail officer contacted the arresting officer to inform him and he came back to the jail... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 1, 2023

You should discuss this with your attorney. If in fact both are from the same incident, then he/she should request the warrant be recalled.

1 Answer | Asked in Criminal Law for Indiana on
Q: Should I admit to my charges, if there is a lack/no proof against me
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 1, 2023

If there is lack or no proof of the allegations against you, why would you admit. You should consult with a local criminal defense attorney to discuss your options. Most attorneys offer a free consultation.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can I get another attorney instead of free lawyer for my case? and I want to pay for that if he can get me another date.

I need to go to another county to turn myself in and not sure if I can do that or another lawyer can get another date for me

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Nov 27, 2023

You can always hire your own attorney even after the court appointed you a public defender. Use the find a lawyer tab on this site and look for a criminal defense attorney in your area. Discuss the situation with the attorney to see about getting a new date. Most attorneys offer free... View More

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