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Questions Answered by Andrew L. Bennett

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.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: I got pulled over for driving while suspended which I had no clue I was suspended but the cop wrote me a ticket

And after talking with him he told me do not worry about the ticket not to pay it and go to court he was going to void it out not to worry about it well I guess he didn't and it cost me my license to be suspended and he pretty much said take care of it myself what can be done about that

Andrew L. Bennett answered on Jul 17, 2019

You should consult with an experienced traffic attorney to see about setting aside the judgment and suspension as well as what can be done to clear up the suspensions on your record to get you valid.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: I used deferral program option on a ticket, my question is do I still mark the ticket and mail it in?

Andrew L. Bennett answered on Jul 17, 2019

Call the Prosecutors Office to speak with a deferral representative to see what they want you to do with the ticket; most likely nothing.

1 Answer | Asked in Criminal Law for Indiana on

Q: I was told today that I had a warrant for parole violation how long till they come get me

Andrew L. Bennett answered on Jul 17, 2019

That is too speculative to answer accurately. It is unknown whether the police or marshals will come looking for you. Also if you are in a vehicle and get stopped your name would be run and the warrant located.

1 Answer | Asked in Criminal Law for Indiana on

Q: I was sentenced to 1 year probation. And probation knowingly lied & filed a false document restitution short sheet

When all fines, fees and restitution are paid in full probation to convert to non reporting. The judge asked if I understood and had any questions so I said yes sir. So when I pay this off today what does that mean. He said well that word mean you dont have to worry about anything and a year from... Read more »

Andrew L. Bennett answered on Jul 17, 2019

It sounds like probation did not do their work in a timely manner and restitution was not determined until you had paid all other fees as required. You should consult with a local attorney who can hopefully resolve this quickly.

2 Answers | Asked in Criminal Law for Indiana on

Q: Can a person be charged with possession of narcotics or paraphernalia weeks after found with a warrant?

Items seized during warrant search, no charges files then or for weeks

Andrew L. Bennett answered on Jul 13, 2019

In indiana the Prosecuting Attorney can file misdemeanor charges up to 2 years after the offense date. For most felonies it is up to 5 years, with some exceptions that are far greater than 5 years, from the offense date.

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1 Answer | Asked in Criminal Law for Indiana on

Q: If an agreement has been made to replace items that were taken can the victim still press charges in indiana

Can he still preas charges if i have reciepts showing everything has been replaced

Andrew L. Bennett answered on Jul 12, 2019

Without knowing more it would be difficult to give a completely accurate answer, agreement with whom. However, the victim does not press charges in Indiana. The prosecuting attorney makes the decision to file or not file charges entirely. A victim's thoughts and feelings are taken into... Read more »

1 Answer | Asked in Criminal Law for Indiana on

Q: How did the law change as far as how prisoners do their time did it go 75% of their time, to now only having to do 50%

when did this law changed from having to do 75% of time, to now only having to do 50%. has this changed,and does it apply only to non violent cases.

Andrew L. Bennett answered on Jul 12, 2019

In Indiana for many many years it was a jail or DOC sentence was served at 50%. In 2014 the law changed, after 2014 misdemeanors and level 6 felonies it remained at 50% for all other felonies it is a minimum of 75% unless the person is a credit restricted felon, then the person would serve 85% of... Read more »

1 Answer | Asked in DUI / DWI for Indiana on

Q: I have /aCDL class B ///and a have OWI pending how dors that effect my person car

They no proof yet they said on was on something because I was acting weird after I wrecked my truck blood tests coming they said

Andrew L. Bennett answered on Jul 8, 2019

At the time of your initial hearing the court would have advised you of the administrative suspension for being charged with an OWI and either failing the breath test or refusing the breath test. If you failed by having a BAC over a .08 then your license, personal and CDL, would be suspended an... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on

Q: My DL was susp for OWI but granted specialized privileges driving to & from work. Got stopped and ticketed for susp?

I live in lake county indiana. The ticket did not have a court date on it. Will they send me one?

Andrew L. Bennett answered on Jul 6, 2019

There are a few reasons why, however, Lake County's practice is to mail a court date after issuing a ticket. If you were operating within the requirements of your SDP the officer should not have written you a ticket.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: If I am offered pretrial diversion for a reckless driving charge, do I pay both the ticket and the diversion fee?

Andrew L. Bennett answered on Jul 2, 2019

NO, the cost of the pretrial diversion is the court costs and the prosecutor fee. Since Reckless Driving is a misdemeanor you cannot just pay the ticket, but would have to make an admission to the offense. If you did so, it would put a conviction on your driving record and raise your insurance... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Indiana on

Q: Can you get house arrest with a fleeing charge

Andrew L. Bennett answered on Jul 1, 2019

Without more detail it is too difficult to give an accurate answer. However, if there was no injury on a fleeing case, it is possible to get house arrest in most situations, if at all.

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Indiana on

Q: Will my husband be arrested after questioning?

Our neighbor asked my husband to put her boyfriend in the tub. Her boyfriend was breathing just not responding. An hour later she called an ambulance and ge had overdosed and may die.

Andrew L. Bennett answered on Jul 1, 2019

More information would be needed to accurately answer your question. A situation such as you have described is very fact sensitive. He should consult with an attorney before speaking with the police.

1 Answer | Asked in Criminal Law for Indiana on

Q: can they keep bond money that I put up for someone else ?

Andrew L. Bennett answered on Jun 26, 2019

Under Indiana code, once a bond has been posted it becomes the property of the person bonded. It is no longer the posters money but rather the defendant's money and the court can order the money to be used in the case.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Traffic tickets now saying bench trial

I received two traffic tickets in a short time period. I hired an attorney to try and get one deferred he said that I would be mailed the "plea" or what the prosecutor is going to offer. I look on the mycase tool today and it now says that both are set for a bench trial a few months out. Does this... Read more »

Andrew L. Bennett answered on Jun 21, 2019

It could mean a few things, you should contact your attorney for clarification with the specifics.

1 Answer | Asked in Criminal Law for Indiana on

Q: My son is on parole in the state of Indiana untill July 11th 2019. He was arrested on new charges that he is not guilty

He was given a bond but parole put a hold on him. How can they do that? Arent you given the presumption of innocence? How can it be a violation unless its a conviction?

Andrew L. Bennett answered on Jun 18, 2019

There is a presumption of innocence in the new case. However, on a parole violation the arrest is sufficient to put a hold on him. The standard is much less in a parole or probation violation.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Had gotten a deferral for a speeding ticket. within the yr received 92 in a 65 Zone in Lake County IN today.

What can I do now so that I do not get points on my license?

Andrew L. Bennett answered on Jun 17, 2019

You should consider hiring an attorney who can negotiate with the prosecutor to not refile on the deferred case and negotiate a resolution to your new case.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Got two speeding tickets within 13 days of each other. What can I do?

My first ticket was 75 mph in a 55mph and my second was 85mph in a 55mph. I know that I wasn’t going that fast but I’m not going to try and argue that with a cop and judge. I have a meeting with an attorney Tuesday but it’s driving me crazy. Will he be able to do anything? Can I take a class... Read more »

Andrew L. Bennett answered on Jun 16, 2019

Yes, your attorney should be able to negotiate a resolution on both cases that will be better than if you paid each ticket or lost at a trial. What the ultimate resolution will be is going to be dependent on your record and other factors. You have made the right decision by hiring an attorney.

1 Answer | Asked in Criminal Law for Indiana on

Q: When sentenced to 1 year probation i was instructed by the judge that I could petition the court to drop felony to misde

Is this true in Indiana

Andrew L. Bennett answered on Jun 13, 2019

In Indiana it is possible to reduce a D Felony or Level 6 Felony to a Class A Misdemeanor. If the judge said after you completed probation you could reduce your sentence, then yes its possible. If you had an attorney you should contact him/her to file the necessary motion. If you did not, then... Read more »

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