Questions Answered by Andrew L. Bennett

Q: I did and I’m trying to find another lawyer. Mine is in trouble. I wasn’t intoxicated. I live in Chesterton in.

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 30, 2019
Andrew L. Bennett's answer
Not sure what you are asking. If you would like to discuss your case confidentially, please call my office.

Q: Can i travel outside of the state with a pending felony?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 30, 2019
Andrew L. Bennett's answer
Yes, but you must first get a travel permit from the court.

Q: I got a dui,I was not the driver cop walked up and we where out of the car he ask who drov she had key and pointed at me

2 Answers | Asked in DUI / DWI for Indiana on
Answered on May 7, 2019
Andrew L. Bennett's answer
You should consult with an experienced OWI trial attorney to see what your options with the case are at this point.

Q: Will Indiana pick someone up from Colorado?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Mar 11, 2019
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.

Q: I struggle with severe family issues yet CPS dont do anything on lack of evidence. I am 17 (18 in Oct) can I move out?

1 Answer | Asked in Child Custody, Family Law and Criminal Law for Indiana on
Answered on Mar 11, 2019
Andrew L. Bennett's answer
Consult with a family law attorney to discuss your options, including emancipation.

Q: I received a citation for not having a CDL what should I do next?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Mar 11, 2019
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.

Q: feb 2009 Indiana I was charged voluntary man slaughter n2013 stand ur ground was passed can I get my felony removed ??

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Indiana on
Answered on Mar 11, 2019
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.

Q: Should I file a police report? What should I do?

2 Answers | Asked in Criminal Law and Car Accidents for Indiana on
Answered on Mar 11, 2019
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.

Q: Why would a prosecutor file charges against someone for interfering with the reporting of a crime if no crime happened?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Feb 13, 2019
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.

Q: Over-charged with a crime, took plea that was less maximum time than what I did in jail. Do I have any recourse?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Jan 26, 2019
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.

Q: Got a speeding ticket. Got a pre-trail diversion program letter. l can pay $175 instead of ticket fine. Whats this mean

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 23, 2019
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...

Q: I was charged with trapping without a license and taking fur illegally. It’s a misdemeanor.

1 Answer | Asked in Criminal Law for Indiana on
Answered on Jan 23, 2019
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.

Q: Can an officer decline to write a ticket and then later send a ticket to the court without the drivers knowledge

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 21, 2019
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?

Q: What steps do I need to take

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 12, 2019
Andrew L. Bennett's answer
You should consider talking to an experienced traffic attorney so you do not make getting a license more difficult or take longer to get valid.

Q: Being charged with lvl 6 habitual traffic violator. The only evidence is I told the officer. I drove.

1 Answer | Asked in Criminal Law for Indiana on
Answered on Jan 8, 2019
Andrew L. Bennett's answer
You need to hire an experience traffic attorney or request a public defender ASAP and not make any more comments to anyone until you do.

Q: my daughter has an ominbus hearing set for 1/18/2019. she doesnt have private attorney. what happens?

2 Answers | Asked in DUI / DWI for Indiana on
Answered on Jan 4, 2019
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...

Q: How much time can u receive in indiana for a first tile leve2 felony. Its for dealing meth

2 Answers | Asked in Criminal Law for Indiana on
Answered on Jan 3, 2019
Andrew L. Bennett's answer
The penalty range is 10-30 years with the advisory sentence at 17 1/2 years. However, if the offense is reduced to a Level 3 or 4 the sentence would be less.

Q: When Indiana issues a arrest warrant how long do they have to arrest you on it or even look for you on it? Same address

1 Answer | Asked in Criminal Law for Indiana on
Answered on Dec 18, 2018
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.