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Questions Answered by Andrew L. Bennett
1 Answer | Asked in Criminal Law for Indiana on
Q: It is now 7/14/20 isn’t his probation violAction time served?

My boyfriend got arrested for theft And sentenced to 365 DAYS JAIL - SUSPENDED TO 365 DAYS SUPERVISED PROBATION on 6/25/19. Then he violated his probation and was put in work release for the violation and he ran and got violated again on 1/2/20.

Andrew L. Bennett
Andrew L. Bennett answered on Jul 14, 2020

His probation time would have been tolled from filing of the first petition to revoke. Once in Work Release it should have taken some time off, but then the 2nd violation would have tolled the time again. Depending on how long from each violation to resolution in court he may be on probation for... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: It's my first time getting into trouble. I got residential entry and criminal mischief. What would most likely happen?

I went tubing with a friend for the first time and we ended up getting lost we walked for 4 hours through these plants that basically cut your legs up we were cold tired and in pain and we came across this property and we found a key and went in trying to find a phone charger to charge my phone so... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jul 13, 2020

What will happen will depend in large part on the specifics of your case, your lack of history, the court policies and the prosecutor's position. It will also depend on if you hire an attorney or go it alone, which is not advisable. If you cannot afford an attorney request a public defender.... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: How much would the fee be for representation to “Vacate” a warrant?
Andrew L. Bennett
Andrew L. Bennett answered on Jul 7, 2020

The answer would depend on what type of case, is it a felony or a misdemeanor, the prosecutor's position, and the judge's policy. There is no guarantee a warrant would be vacated. Also why would you hire an attorney to vacate the warrant, but not for further representation?

1 Answer | Asked in Criminal Law for Indiana on
Q: after sentencing, how long does it take to change the charges on your personal record, had felony, now misdamenor

i was charged with 2 felonies,i signed a plea dropping 1 and changing the other to a conversion misdemeanor, i paid full restitution that day as well, how long does it take to change the pending felony charge to a misdemeanor that i was sentenced to? i have a back ground check being ran next week,... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jul 2, 2020

It depends on how fast the central repository updates your records after they receive notice. However, you should expect the process to take at least a month, the clerk with have to process the plea and send the changes on to law enforcement. After the update, your criminal history will likely... Read more »

2 Answers | Asked in Criminal Law for Indiana on
Q: my son is persona non grata in Indiana almost 10 years instead of going to court for alledgedly selling hash Never tried

My son has been in no trouble at all since then and has no warrants against him. Can he come back?

Andrew L. Bennett
Andrew L. Bennett answered on Jul 2, 2020

Not sure what you mean by persona non grata, it would be illegal for a court to tell him he is banned from coming into the state. If you could provide more information such as a name and dob to look up the case. If the case is closed and the time frame has been met he may be eligible for an... Read more »

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1 Answer | Asked in Criminal Law for Indiana on
Q: I live in Marion County Indianapolis Indiana how do I get a protective order taken away me and my boyfriend live togethe
Andrew L. Bennett
Andrew L. Bennett answered on Jun 29, 2020

If its a protective order prepared by your boyfriend, he can go to court and request it be terminated or vice versa if you got the PO against him. If its a No Contact Order, the decision will be up to the court. Whom ever is the victim in the criminal case should call the Prosecutors Office to... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a cop after telling me I'm not under arrest detain me until a dog is brought on the scene to search my stuff
Andrew L. Bennett
Andrew L. Bennett answered on Jun 27, 2020

It really depends on the facts to answer your question accurately as your question is highly fact sensitive in its analysis.

1 Answer | Asked in Criminal Law for Indiana on
Q: If I don't turn myself in after OR'ing out of jail in Indiana how long will it take before they issue a warrant

I never called the clerks office to find out my court dates nor did I turn myself back in

Andrew L. Bennett
Andrew L. Bennett answered on Jun 25, 2020

When you were released OR from the jail, they should have given you a court date. If you in fact have missed your court date, I would expect an FTA warrant has already been issued. You should be able to look the status of you case up on mycase.in.gov.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can you receive More than 6 years for a level 5 felony burglary

PCR was won ... originally charge level 4 burglary 10 yrs + 15 habitual enhancement suspended 3 to probation.... after pcr was successful ... re sentenced to 10 yrs level 5 burglary no time suspended habitual enhancement was vacated ....The Court found aggravation in Defendant's prior criminal... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jun 22, 2020

The sentencing range on a level 5 is 1-6 years so simply for the level 5, no. However, if there are other charges that are being run consecutively or a habitual enhancement then it would be more time than the 6 years.

1 Answer | Asked in Criminal Law for Indiana on
Q: What is the sentence for a level 6 felony
Andrew L. Bennett
Andrew L. Bennett answered on Jun 10, 2020

A level 6 Felony has a penalty range of 6 months to 2 1/2 years incarceration and a fine of up to $10,000. However, the jail/DOC time can be suspended on most cases and there could be other sentencing consequences depending on the charge.

1 Answer | Asked in Criminal Law for Indiana on
Q: Does the earliest release date count good time?
Andrew L. Bennett
Andrew L. Bennett answered on Jun 9, 2020

If you are asking about what is on the offender locator on the DOC website, yes it does count good time. If they loose good time then the date will be extended. If they complete a program that gives a time cut, that will show after the program has been completed.

3 Answers | Asked in DUI / DWI, Criminal Law and Traffic Tickets for Indiana on
Q: For prior offense DUI is it dated from date of conviction or date of last occurrence?

I have a pending DUI charge and IC 9-30-5-3 has recently changed. Prior occurrence has changed from 5 years to 7 years. My first DUI occurred November of 2012 but was not decided until April of 2013. My pending charge occurred on 02/05/2020. So because of this change my charge is somewhere in... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jun 4, 2020

You should expect to be charged with a felony OWI since it has been less than 7 years from your last conviction.

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1 Answer | Asked in DUI / DWI for Indiana on
Q: IC 9-30-5-3 is the prior offense related timeline start at the Prior Conviction or the Prior Occurrence?

Indiana recently changed IC 9-30-5-3 to classify a prior DUI offense as within 5 years to now 7 years.

Andrew L. Bennett
Andrew L. Bennett answered on Jun 4, 2020

Yes, the law has changed from 5 year to 7 years for a prior OWI. The time frame is from the last conviction date to the offense date for the new charge.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: My brother has a no contact order against him. SHE however continues to text and e mail him. He does not reply but...

Can anything be done to stop her. How do I find out if she has a no contact as well?

Andrew L. Bennett
Andrew L. Bennett answered on Jun 4, 2020

He should make copies of the texts and email. If he doesn't have an attorney it may be a good idea to hire one. He should petition the Court to terminate the NCO based on her continually contacting him. Is she really in fear?

1 Answer | Asked in Traffic Tickets for Indiana on
Q: What happens if you had an insurance ticket in illinois but its been paid for but got one in indiana

I didnt have insurance at the time of the accident until after it happen cause i didnt have a copy of it

Andrew L. Bennett
Andrew L. Bennett answered on Jun 3, 2020

If your license is an Indiana license, you will be suspended for failure to file proof of insurance, the suspension will be 90 days or more and will have a reinstatement fee. You may qualify for specialized driving privileges.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Is there any way I can get my license back?

I was involved in a vehicle incident may of 2019, while working/driving for a company whom I was fully covered by their insurance. The CoC was never sent to the bmv, which resulted in a 90 day suspension on my license. I was never informed of the suspension and was pulled over in December of 2019... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jun 3, 2020

You should contact a local traffic attorney who can assist you with the suspensions and any pending case. If for some reason its not possible to get you valid quickly, you may qualify for a specialized driving privileges.

1 Answer | Asked in Criminal Law for Indiana on
Q: My county seems to be trying to force me into a plea agreement refusing to show me any evidence other than typed stateme
Andrew L. Bennett
Andrew L. Bennett answered on May 29, 2020

If you do not have an attorney, get one. If you cannot afford an attorney, request a public defender. A criminal case is not something you should go at it alone when going to court; you will be expected to know the law and the rules in the same way as an attorney.

2 Answers | Asked in Criminal Law for Indiana on
Q: Could a 17-year-old girl date a 20-year-old that just turn 20 in the state of Indiana
Andrew L. Bennett
Andrew L. Bennett answered on May 27, 2020

Yes, however any pictures or video explicit in nature would be a crime.

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1 Answer | Asked in Criminal Law for Indiana on
Q: Under what circumstances and how likely is that to happen
Andrew L. Bennett
Andrew L. Bennett answered on May 21, 2020

Please email me directly so you are not putting statements on a public forum that could be monitored by the police or prosecutor.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I paid off a 9 year old ticket for disregarding a stop sign and as soon as I paid it the BMV placed a pending suspension

On me for Failure To Provide insurance. I would be severely disadvantaged by the 90 day suspension. Could I write the traffic court judge and ask for leniency?

Andrew L. Bennett
Andrew L. Bennett answered on May 21, 2020

First, if you had insurance at the time of the violation, contact your insurance company to send in proof and the suspension will be removed. If you did not have insurance, then your option would be to petition the court for specialized driving privileges, you can do this yourself, but if you do... Read more »

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