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Questions Answered by Andrew L. Bennett
1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: My friend witnessed domestic violence and she didn't intervene. Is she in trouble?

The man was 6'4" security guard who. eat his girlfriend. My friend was afraid for her own safety and was afraid if she acted he would turn his attention on her. Prior to the attack, the man's girlfriend tried to force herself on my friend, that's when he attacked his girlfriend.

Andrew L. Bennett
Andrew L. Bennett answered on Jul 6, 2021

Your friend would not be in trouble for not intervening especially in light of the size difference between her and the abuser. If charges are filed against him for beating his girlfriend, your friend may be required to testify.

1 Answer | Asked in Criminal Law for Indiana on
Q: Where do I find the definition of intoxicated in the Indiana law regarding Habitual Traffic Violator?

everything I read refers to alcohol, looking how one is habitual traffic violator for drug use.

Andrew L. Bennett
Andrew L. Bennett answered on Jun 25, 2021

Intoxication is not an element of Habitual Traffic Violator. To be HTV a person is determined based on accumulating 3 major moving traffic violations in a 10 year period or 10 judgements for moving violations with either 1 or 2 being major moving traffic violations and the others being minor... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If my charges are: 35-43-4-2(a) ma what kind of punishment is possible
Andrew L. Bennett
Andrew L. Bennett answered on Jun 22, 2021

If you have been charged with Theft as a Class A Misdemeanor, the possible penalties are 0 up to one year in jail and $0 up to a $5,000 fine. A conviction would also be for a crime of dishonesty which could have collateral consequences. If you have not discussed your case with a local attorney... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I am scheduled for jury trial class B msd in july. I was charged last september. What happens for time waiting for tria
Andrew L. Bennett
Andrew L. Bennett answered on Jun 19, 2021

If you are referring to does the time count towards your sentence if convicted, the time does not. It is simply time waiting for your case to go through the court process. The only way it counts for anything is if you requested a speedy trial per CR4B and the trial is taking place outside the 70... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: My boyfriend was arrested for carrying a handgun this is his second time with this charge what is he facing
Andrew L. Bennett
Andrew L. Bennett answered on May 29, 2021

Most likely he is looking at a level 5 felony which has a penalty range of 1-6 years in prison and up to a $10,000 fine.

1 Answer | Asked in DUI / DWI for Indiana on
Q: How can I best manage a DUI without a lawyer?

I recently made an extremely irresponsible decision and attempted to operate a vehicle after drinking.

I am no longer working (I am however taking time to learn how to create apps to create a business) due to the pandemic and thus cannot afford an attorney.

I know how this... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on May 25, 2021

It would be in your best interest to not make another irresponsible decision and try to represent yourself. OWI/DUI cases can be technically difficult cases. If you cannot afford to hire an attorney, you should ask for a public defender who can assist you in evaluating your case and negotiating a... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If I was charged with a crime 6 years ago for theft does the statute of limitation of 5 years terminate those charges?

In December of 2014 and January of 2015 I caught the charges and then came to Florida before I was sentence or to go to the court does the statue of limitation of 5 years drop those charges?

Andrew L. Bennett
Andrew L. Bennett answered on May 21, 2021

The Statute of Limitations (SoL) controls when the state has to file the charges. So from the offense date to the filing date cannot be more than 5 years on most felonies. Therefore, if you were charged within the 5 years, but have not gone to court the SoL will not terminate the charges.... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I'm doing a paper for school, and wanted to ask how the testing process for the insanity plea normally goes during trial

I need to know how long the testing normally goes for, what happens to the trial during that time, etc. Thank you for your time

Andrew L. Bennett
Andrew L. Bennett answered on May 18, 2021

If a person is claiming insanity, they must file a notice with the court, long before trial. In Indiana there is a specific statute for defenses and when they must be filed. If the court agrees there is a basis for the assertion of insanity, the court will appoint 2 to 3 independent psychologists,... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a detective just send a criminal investigation case to the prosecutor without interviewing you as the def first?

I worked for a construction company as the sales rep and on site manager to make sure jobs were done. I bid jobs, accepted check payments from customers made to the business and over saw the jobs get done. My boss is a crook, his customers are suing us both. I had no legal tie to the bank acct nor... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on May 18, 2021

YES, that happens quite regularly. It is not the best police work, however, people refuse to speak to officers/detectives all the time so many times charges go over to the prosecutor without an interview. Also, you refused to speak with him the first time and he likely believed that would be the... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I was ticketed 7-262019 and just Received a licence suspension for failure to appear How is that possible it was 2yrs ag
Andrew L. Bennett
Andrew L. Bennett answered on May 18, 2021

The courts, clerks, and the BMV can be slow sometime. Consider speaking with an attorney to see if the suspension can be set aside or if you qualify for specialized driving privileges.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Why do I get charged a court fee? I got a ticket on the 24th of April and it wasn’t payable until May 18th.

A $75 ticket now costing me $185? I don’t understand why.

Andrew L. Bennett
Andrew L. Bennett answered on May 18, 2021

Tickets, with the exception of a seatbelt ticket, have court cost. Court costs are currently $135.50 and are assessed even if you do not go to court but simply pay the ticket.

1 Answer | Asked in Criminal Law for Indiana on
Q: I was charged with underage possession of alcohol and also underage nicotine (vap). but both written on same ticket. ok?
Andrew L. Bennett
Andrew L. Bennett answered on May 17, 2021

Yes, it is common for multiple offenses to be written on the same ticket.

1 Answer | Asked in Criminal Law, Federal Crimes and Contracts for Indiana on
Q: 2 months after serve out of parole in Kentucky, Indiana parole office along with two Tell City, Ind. officers.

Kick in my dad's house, handcuff and hold at gun point my little brother and go through all my father's residence, property and garages. My buddy's house is kicked in and searched and my house is doors rammed off the hinges and completely tossed upside down to the point of... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on May 11, 2021

I'd suggest consulting with a civil rights attorney who is familiar with 1983 actions. Keep in mind you have a time limit to put the agencies on notice.

1 Answer | Asked in Criminal Law for Indiana on
Q: I can’t find information on marijuana laws in Indiana. Can I smoke in my backyard or can my neighbors call the police?

I want to be able to smoke outside, but I’m worried if a neighbor smells it that they will call the police. Since I wont be operating a vehicle can I get in trouble?

Andrew L. Bennett
Andrew L. Bennett answered on May 6, 2021

Marijuana is illegal to use in Indiana, whether on your personal property or public property. If your neighbors call, you could get in trouble.

1 Answer | Asked in Criminal Law for Indiana on
Q: Why would a felony D Theft be the charge in Indiana on a case where $85 was the amount allegedly taken?
Andrew L. Bennett
Andrew L. Bennett answered on May 4, 2021

In Indiana Theft is now a class a misdemeanor unless the value is over $750 then it would be a level 6 felony. However, if the offense took place under the old law, offense prior to 2014, where theft is a class D felony then the $750 threshold does not apply.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I was ticketed 3/27/21 for 82 in a 40 in Brown County, Indiana. That is reckless. I got a "civil complaint & summons"

I called the clerk in Brown County and they could not find my UTT or my name in the system. I spelled my last time twice and she confirmed it with me, letter by letter. The court date is for 5/6/21 but she said she'd have to call around and call me back. If she can't find it initially,... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 30, 2021

You will still have to appear in court on 5/6/21. The prosecutor has 2 years to file charges.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I recently loss employment due to having an open warrant for a traffic violation, how do i go about getting it recalled?

Its 2 tickets, one for going 60 miles on a county road and driving on a suspended license.

Andrew L. Bennett
Andrew L. Bennett answered on Apr 30, 2021

Contact a local criminal defense/traffic attorney who can assist in requesting the warrant being recalled and also working to help you get a valid license. Use the find a lawyer feature; most attorneys have payment plans to work with your budget. If you choose to go it alone, it is unlikely the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Dear Mr. Andrew Bennett:In answer to your question, DRUNK or STONED.

NO, He has been driving on a SUSPENDED license for 10 years. Had multiple vehicular accidents, has MANY FTA's. No, he was NOT drunk or stoned. What does that have to do with him hitting a HUMAN BEING, only stopping because there was a witness, or I would be DEAD. He was looking at a REAL... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 27, 2021

Previously you did not mention he failed to remain at the scene and was driving away but for a person stopping him. That fact would support a charge of leaving the scene of an accident as a misdemeanor. If your injures are within the definition of moderate or serious bodily injury the charges can... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: In the state of INDIANA, COUNTY of HANCOCK, town of GREENFIELD is it NOT a FELONY to hit a person with an automobile?

1. Car was driven by a person with a SUSPENDED (for 10 years) LICENSE

2. Woman who came to scene to get car provided (and DELIBERATELY) FALSE DOCUMENTATION.....RE......INSURANCE expired NOVEMBER 05, 2020, and that she was his wife......she is married to someone else to the POLICE OFFICER

Andrew L. Bennett
Andrew L. Bennett answered on Apr 26, 2021

There needs to be more facts to answer your question accurately. Did the driver deliberately hit the person? Was he drunk/stoned? Was the suspension a result of an offense or infraction? If it was an accident only then there would be no criminal charges for driving while suspended. However, if... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Well my sister still get off parole if she doesn't come back?

She was doing good no new charges had a failed screen they wanted her to go to a rehab again and she decided to leave town. She has about 5 months left on parole and just wants to be done so she left. I'm just wondering if she will still be able to get off parole like she was originally going... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 19, 2021

If she has a violation of parole for a drug test and then chose to leave town without permission, she will have another violation and it is most likely she will have a warrant for her arrest. The longer she waits the worse it will get for her.

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