Andrew L. Bennett's answer The answer depends on what the prosecutor wants to do. Generally, prosecutors do not extradite from another state so far from Indiana on a level six felony. However, given the Burglary case it is possible the prosecutor would be willing to pay for an extradition.
Andrew L. Bennett's answer You should consult with a local traffic attorney the violation could add points and suspend your license if you just pay the ticket. A good traffic attorney should be able to negotiate on your behalf given the circumstances and avoid a conviction on your record.
Andrew L. Bennett's answer The Stand Your Ground defense does not apply retroactively so you cannot use it to set aside your conviction. However, you may be able to have the case expunged once all obligations under the statute are met and the prosecutor agrees. You should consider consulting with an experienced criminal defense attorney who is knowledgeable with expungements.
Andrew L. Bennett's answer If there was no damage there is no crime. If there was damage the crime has already happened and if you make a police report it will not negate the crime. Also, you will be self incriminating yourself and could likely get charged based solely on the report you made.
Andrew L. Bennett's answer The charges that you have against you have a possible penalty of up to a year in jail. You should consult with a local criminal defense attorney as soon as possible to begin working on your defense.
Andrew L. Bennett's answer As to the extra time spent in jail, you would have to petition the court to use your time in jail, at $20/day as payment toward the fine. You should also consult with an attorney who specializes in 1983 actions to determine if anything illegal went on in your case.
Andrew L. Bennett's answer If you just pay the ticket you will get points on your record when the IN BMV reports it to the IL Secretary of State. The Pre Trial Diversion letter is a prosecutor deferral program. If you qualify for the program as listed in the letter and sign the infraction deferral and pay the fee, your case will be deferred for the time frame listed in the letter, usually 6 months or 1 year. If you do not get another traffic violation within that time frame the current ticket will be dismissed. If...
Andrew L. Bennett's answer It is always a good idea to have an attorney when you go to court for a misdemeanor case. Jail is always a possibility. If you cannot afford an attorney request a public defender.
Andrew L. Bennett's answer Yes, an officer can chose to send a citation later. It is also possible he was directed to do so by his superiors or the prosecutor. You should have received notice. Was the address on the ticket where you live or receive mail?
Andrew L. Bennett's answer Her Omnibus hearing in the date that sets the deadline for filing motions and defenses. The judge will ask her what her intentions with the case are and if she plans on hiring an attorney. He/she should give her a little more time to hire an attorney, however will likely set the case for a trial. The judge may also ask if she wants to plead guilty. If this is her first offense she most likely will not go to jail, but she will have a conviction on her record and as well as all the...
Andrew L. Bennett's answer An original arrest warrant is good for six (6) months, however, if the prosecutor chooses to reissue the warrant after being notified it has expired, then the new warrant is valid until it is served or recalled, no matter how many years have elapsed.
Andrew L. Bennett's answer It sounds like someone needs to talk to an attorney about defamation lawsuit. No guarantee it will be successful, but the person won't know until they talk to someone who is familiar with that area of law.
Andrew L. Bennett's answer Your son absolutely can be detained either as a danger to himself of a danger to the community. You should have an attorney to help protect your son's interests. In Indiana he can request a public defender in juvenile court regardless of your income and in most cases in juvenile court the PD will get as good of a resolution as a paid attorney.
Andrew L. Bennett's answer You need to contact a good criminal defense attorney and hire him/her ASAP. If you cannot afford an attorney then you need to request a public defender. Your first hearing is your Initial Hearing where you will be told of the charges and penalties. The judge will also ask how you plead. DO NOT plead guilty, ask for an attorney (PD) or time to hire an attorney.
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