
answered on Sep 11, 2023
Based on the information provided to the police and then to the prosecutor determines what charges are filed. This does not mean the State can prove the charges, it will be based on what evidence there is in the case. An F4 carries a penalty range of 2-12 years in the DOC. If you have not... View More
I was told this exact statement, then advised to just pay the fee online. Never occurred to me he could be wrong on purpose or just mistaken. I have points on my license now. I paid the ticket online, never imagining what I was doing was a huge mistake. Because I didn't know he was wrong/not... View More

answered on Aug 23, 2023
Depending on where the case is filed you may be able to file a motion to set aside the judgement and enter into a new agreement. You need to ask yourself are the fees paid to an attorney worth the points coming off your record? or Is my insurance rates going up so if I can get the judgement set... View More

answered on Aug 23, 2023
It will depend on many factors including, how long since the last conviction and the strength of the prosecutor's case among other factors. Many counties will allow a reduction after completing probation. You should consult with a criminal defense attorney who practices in the county where... View More

answered on Aug 22, 2023
No, Judges do not file motions in their own court, they issue orders. Attorneys, self represented persons, probation officers file motion/petitions.
If you were drinking due to severe depression and anxiety will a judge take that into factor.

answered on Aug 21, 2023
It should be considered as a mitigating factor by the prosecutor and the judge, which goes to considerations at sentencing, but it is not a defense to the OWI charge.

answered on Aug 21, 2023
The short answer is yes. The prosecutor offers the plea and if the defendant accepts the plea, then the judge decides if the plea is appropriate given the circumstances of the case and the defendant. The judge can either accept or reject the plea.
She tried to escape police, and they had to blow her tires.

answered on Aug 21, 2023
In Indiana, if you have a second OWI arrest, which could be charged as a misdemeanor or felony depending on how long ago the first offense occurred, there is a requirement for 5 actual days in jail or 240 hours of community service as a minimum of any sentence for being convicted.
I hit the gas peddle and not the break by mistake while parking my car. I am being charge with Indiana Statute 9-30-5-2(a) & (b).
I need to change my driver's license from Illinois to Indiana to include my redencey. Can I still change my car title, DL etc and my redency to... View More

answered on Aug 9, 2023
Yes, go change your license to Indiana sooner than later. The court should not suspend your license until the initial hearing, therefore the BMV should not know of the offense. If you do not change your license, and are convicted Illinois will suspend/revoke your license and it will be... View More

answered on Feb 6, 2023
Indiana Code 35-47-4-5(b) As used in this section, “serious violent felony” means:
(1) murder ( IC 35-42-1-1 );
(2) voluntary manslaughter ( IC 35-42-1-3 );
(3) reckless homicide not committed by means of a vehicle ( IC 35-42-1-5 );
(4) battery ( IC... 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.

answered on Nov 8, 2022
Your options are to pay the ticket and have a conviction and points on your record as well as the possibility of your insurance rates increasing. Take the deferral option, stay out of trouble and the case gets dismissed and the BMV will never know of the ticket. Though if you do get another... View More
Looking to get more info like what paperwork I should file if I need a lawyer or not to do this money court cost expectations

answered on Sep 12, 2022
You can look on in.gov and see if there are forms. However, it may be wiser to consult with a criminal defense attorney since expunging convictions can get complicated depending on the number of cases as well as depending on the level of the offense there are likely different timelines and... View More
By lower citation I am referring to something that I could ask the prosecutor to amend it to that would not carry points. I did renew my registration while the ticket was being issued. I just completely was unaware that it had expired. My email filter apparently took out the emails from the state... View More

answered on Sep 12, 2022
Expired plates should not add any points to your record since it is not a moving violation. If you have already renewed your plates; I suggest contacting the prosecutor's office and provide them proof. The prosecutor may be willing to dismiss the case for you being in compliance.
I saw her later that day and gave her my insurance information and told her I was intoxicated, she told the officer that I was intoxicated. When I when to the police station the next day to give my statement I told him I was intoxicated when I backed into her car, panicked and left the scene.

answered on Aug 26, 2022
Unless the police have more than your admission of being intoxicated, I do not see how you could be prosecuted for an OWI. However, you will very likely be charged with leaving the scene of an accident. From this point forward, you should not speak to your neighbor about the situation, nor the... View More
I received violation on the first can they violate me on the second as well even though I haven’t started serving second sentence

answered on Jul 27, 2022
Under Indiana law, yes you can violate probation or a sentence you have not yet begun to served by violating a consecutive sentence which you are currently serving. Contact your prior attorney or seek new representation to protect your interests.
When does an affidavit (probable cause) for search have to be filed with the clerk? When does the warrant have to be returned? If there's no affidavit of probable cause ever filed with the clerk EVER ..is that legal? Next if 10 months later a different cause number(ed) search warrant is... View More

answered on Jul 5, 2022
If you have had 3 attorneys not sure why your questions have not been answered. To answer your questions accurately depends on the specific facts of your case which are not listed in your description. However, you can Google the specific statute to give you some insights into the law that... View More
When is the Warrent going to come

answered on Jul 5, 2022
The State has 2 years to file charges if misdemeanor & 5 years for a felony, though I would expect charges would be filed in the next several months. You can go to mycase.in.gov and look up your name to see when charges have been filed.
When I was 17 I got into a car accident in Indiana. It was a friend's car. I was found at fault for the accident. I had an unsat judgement against me in 2007 and it expired 2014. Due to severe anxiety I just never tried to get my license again and over time forgot about the judgement. Now that... View More

answered on Jun 25, 2022
If the suspension ended in 2014 then there should be no reason it would prevent you getting a license. However, there may be a reinstatement fee. Also, there could be other reasons preventing you from getting a valid license. If you do not have a myBMV account, set one up and look at your... View More

answered on Jun 7, 2022
You would be responsible to pay the ticket since you were the one who committed the infraction. However, the company would have to send proof to the BMV on your behalf to show the vehicle was insured. If you pay the ticket, it will put points on your record and could cause your own insurance... View More
In Indiana

answered on May 24, 2022
It depends on the person's status with the BMV. IF they are suspended-infraction, then they will continue to get tickets and not criminally charged. Though, if they plead to one of the DWS tickets, the status will change to DWS-prior and the person could be arrested and criminally charged.
My last conviction in2009 my license was suspended for two years

answered on May 21, 2022
There is not enough information to answer your question accurately. If you have a myBMV account, print off a copy of your driving record and schedule an appointment with a criminal defense attorney who can look at your record to determine what can be done. Depending on the circumstances the HTV... View More
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