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Questions Answered by Andrew L. Bennett

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Indiana on

Q: is an incarcerated person who is in the appellate process entitled to an attorney if he cannot afford one - what form

should he file with the court to ask for representation. Inmate at Pendleton.

Andrew L. Bennett answered on Sep 5, 2019

Yes he is entitled to have appellate public defender and should ask for one ASAP

2 Answers | Asked in Criminal Law for Indiana on

Q: Are my parole warrants on mycase. In.gove

Andrew L. Bennett answered on Sep 3, 2019

No, because the parole violation is handled by the DOC and not the county courts.

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2 Answers | Asked in Criminal Law for Indiana on

Q: Can you get in trouble for buying drugs from a confidential informant?

Andrew L. Bennett answered on Aug 28, 2019

Absolutely, that is the reason police use CIs is to make additional arrests.

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1 Answer | Asked in Criminal Law for Indiana on

Q: What is the most current Indiana failure to appear in court criminal code?

My son never received the notification to appear in court.

The prosecutor dropped the charge yesterday of my son injuring an officer because the officer admitted in a separate court case concerning my son's children he fell on the ice and no one was near him some months back, they will... Read more »

Andrew L. Bennett answered on Aug 22, 2019

35-44.1-2-9. Failure to appear.

(a) A person who, having been released from lawful detention on condition that the person appear at a specified time and place in connection with a charge of a crime, intentionally fails to appear at that time and place commits failure to appear, a Class A...
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1 Answer | Asked in Traffic Tickets for Indiana on

Q: In Indiana, can an Indianapolis Metropolitan Officer make traffic stops or arrests outside of Indianapolis?

Andrew L. Bennett answered on Aug 20, 2019

Yes, a police officer's authority is statewide; an officer from Fort Wayne can make an arrest in Evansville. Any arrest or traffic citation must be filed according to the procedures where the stop/arrest was made.

1 Answer | Asked in Criminal Law for Indiana on

Q: Can I own a gun in the state of Indiana whole being a felon

Andrew L. Bennett answered on Aug 19, 2019

Felons are prohibited from owing firearms both on the state and federal level. However, if you are eligible for an expungement then it is possible to have your gun rights restored.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: I received a speeding ticket, and I don’t get out of school in time to pay it. Can I have someone go pay it for Me?

It would be at the Noblesville Superior Court, I don’t know if that makes a difference

Andrew L. Bennett answered on Aug 17, 2019

Yes, you can have someone pay it for you. However, a speeding judgment with likely raise your insurance rates. You should consider speaking with an attorney who should be able to negotiate a resolution that will not affect your insurance. Additionally, consider contacting the prosecuting... Read more »

1 Answer | Asked in Criminal Law for Indiana on

Q: If I have 3 years in actual days in comunity corrections and have a 6 year sentence do I get credit time for towards it

Andrew L. Bennett answered on Aug 16, 2019

Depending on the program and the sentencing order, there should be some credit applied, however, not to the same amount if you were in custody.

2 Answers | Asked in Criminal Law for Indiana on

Q: I was charged with something that wasn’t mine

If the Sheriffs find drugs on the ground by your car he then proceeds to say it was my lock me up and then put on the report he saw me throw it on the ground and charged me with a level 2 felony dealing in cocaine and charge me with possession of cocaine a level 4 felony

Andrew L. Bennett answered on Aug 14, 2019

You should seriously consider speaking with an experienced criminal defense attorney as the level of offenses carry significant amount of jail/DOC time.

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1 Answer | Asked in Criminal Law for Indiana on

Q: I have a theft class A misdemeanor and a driving while suspended (prior) class A misdemeanor pending.

Andrew L. Bennett answered on Aug 14, 2019

What is your specific question?

1 Answer | Asked in Criminal Law for Indiana on

Q: Is the human body considered a deadly weapon in indiana

Andrew L. Bennett answered on Aug 5, 2019

35-31.5-2-86. Deadly weapon.

(a) Except as provided in subsection (b), “deadly weapon” means the following:

(1) A loaded or unloaded firearm.

(2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC...
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1 Answer | Asked in Criminal Law for Indiana on

Q: wife was arrested on F3 drug charge. She hasnt had proper medical attention n other injustices. can i sue county?

my wife was served arrest warrant and booked under wrong Identity (name, DOB, address, and all) They then changed the info four more times , each time being incorrect. I was attempting to put money on her books and while i put it on the name they booked her by, directly after my deposit her info... Read more »

Andrew L. Bennett answered on Aug 4, 2019

You should consult with a local attorney who is familiar with criminal law and civil suits against governmental entities. Use the find a lawyer feature.

1 Answer | Asked in Criminal Law for Indiana on

Q: What rights does a defendant have when there is a hung jury for a murder trial.

Andrew L. Bennett answered on Aug 4, 2019

After a hung jury, the prosecutor must decide if they are going to move forward with the case to another trial. It is as if the first trial did not take place and the defendant is in the same position as before the trial.

1 Answer | Asked in Criminal Law for Indiana on

Q: I live in NC and got an underage alcohol ticket at the 500. How do I avoid my court appearance and clear my record?

I am 20 years old with a clean record and don't want to drive from NC to Indiana to go to court.

Andrew L. Bennett answered on Aug 1, 2019

You will be ordered to appear in court and must appear for your Initial Hearing or a warrant for your arrest will be issued. However, because this case is a misdemeanor, if you hire a local attorney, he/she should enter on your behalf and waive the initial hearing so you would not have to be... Read more »

3 Answers | Asked in Criminal Law for Indiana on

Q: The police want to question my son in connect with a shooting that happens in Gary,IN

People are telling the police he did it or know who did. But my son says he wasn’t there when it happened

Andrew L. Bennett answered on Jul 24, 2019

He needs to consult with an attorney before talk to your son. If he makes any comments that sound like an admission they will press until it is a confession.

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1 Answer | Asked in Criminal Law for Indiana on

Q: Can my sister counter-sue her ex-boyfriends girlfriend.

So on 7/19/18 my sister had told her ex boyfriend that she was coming over to his and his girlfriends house. She got to the house knocked a few times and left. Went around the block and noticed he was in the yard. She pulled up and his current girlfriend came out accusing her of trying to break... Read more »

Andrew L. Bennett answered on Jul 23, 2019

Rather than worrying about counter suing at this point, it sounds like she needs to consult with an attorney regarding her own arrest. If it is shown through her case there was false allegations, then she may have a case for malicious prosecution.

1 Answer | Asked in Criminal Law for Indiana on

Q: What is the statue of limitations for filing a domestic battery charge against an individual who spit in your face

Andrew L. Bennett answered on Jul 22, 2019

In Indiana the Statute of Limitations to file a misdemeanor is two years, however the filing of charges is completely the prosecutors decision after reviewing a police report and evaluating the evidence. If you have not made a police report you should do so.

1 Answer | Asked in Criminal Law for Indiana on

Q: If someone in your home is on house arrest how much of your home can be searched? Who must I allow into my home?

Do i only have to allow the probation officer? This person has their own room do i have to let the police search my whole house?

Andrew L. Bennett answered on Jul 22, 2019

Probation would have the ability to search all the common areas where the person on house arrest may go. Any private areas of the home where the person is not allowed to go to, probation should not be entering.

1 Answer | Asked in Criminal Law for Indiana on

Q: I was arrested &charge with public intoxication disorderly counduct for being loud & trespassing Could those be dropped

Andrew L. Bennett answered on Jul 20, 2019

In Indiana the prosecutor has the discretion to file charges as long as it appears there is probable cause to file the charges. Additionally, the prosecutor has the discretion to dismiss charges when ever they determine appropriate. Now with that said, the charges you have are not serious in... Read more »

1 Answer | Asked in Criminal Law for Indiana on

Q: Does there have to be any physical sign of injury to be charged with domestic violiance?

Andrew L. Bennett answered on Jul 17, 2019

The short answer is NO. A complaint of pain is sufficient for an officer to believe there was a touching to be arrested.

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