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Questions Answered by Andrew L. Bennett
1 Answer | Asked in Criminal Law for Indiana on
Q: was just recently charged with a misdemeanor for an OWI I was sentenced to 1yr of probation. Now I caught another charge

What do you think I'll be sentenced to. This is only my second offense and it's another misdemeanor

Andrew L. Bennett
Andrew L. Bennett answered on Jan 21, 2022

It will depend on the facts and what the charges are in the new case. If it is a new OWI then the charges should be a felony and it would require a minimum of 5 days jail or 240 hours of community service and a minimum one year license suspension. If the charges are not OWI then it will depend on... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Indiana on
Q: Do you have to show ID if you are pulled over by a police officer for allegedly swerving

I Was driving down a highway when I got pulled over for swerving Despite the fact That I had a dashcam that said otherwise

Andrew L. Bennett
Andrew L. Bennett answered on Jan 18, 2022

In Indiana, if you are pulled over for a traffic violation, alleged or actual, you must show identification.

1 Answer | Asked in Criminal Law for Indiana on
Q: I might be prosecuted soon for stealing from Walmart, what should I do?

I worked in the Deli, and starting on December, I would give out food for cheaper prices for associates and myself. They questioned me today, and fired me as well. I also wrote a statement on the whole issue. I haven’t talked to police yet, and I haven’t got any word today. I also don’t have... Read more »

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

You should not talk to anyone other than an attorney about the situation; anything you say can be used against you. You should try and hire an attorney, most have payment plans. If you cannot afford an attorney and are charged then request a public defender.

1 Answer | Asked in Criminal Law for Indiana on
Q: To fire an attorney will allow my case to be started over correct? Will it also remove the active warrant for fta?

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Andrew L. Bennett
Andrew L. Bennett answered on Dec 20, 2021

Firing your attorney will not restart your case. Your new attorney may be able to raise issues your prior attorney did not, but your case will not start over. Additionally, it will not automatically remove the FTA warrant. If your FTA was as a result of your prior attorney not advising you of a... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Collections for Indiana on
Q: If my ticket goes to collection will I be issued a bench warrant?Or a warrant period?I dont have the$ and it's due 4days

I was in a car accident that was deemed not my fault. But because my insurance had relapsed the month prior ( I was working food delivery to keep in income when the accident happened) I havent had the money to pay it. Its 12/2 and it's due by 12/6. Should I just go to the traffic court before... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 3, 2021

If your case is an infraction and you do not pay by the deadline the court should not issue a warrant, though I have seen it done. However, your license would most likely be suspended. You should file a motion with the court requesting more time to pay and state your financial issues with paying... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: My license for double suspended just before my reinstatement payment how can I fix this?

My license was original suspended for a no insurance accident. And I was eligible to pay a reinstatement after six months. Before I paid my reinstatement my license was suspended again for a traffic stop for speeding. It was a he say she say situation. I admitted to the fine because the prosecutors... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 10, 2021

It may be possible to set aside the judgment. However, if you are suspended for a proof of insurance violation, even setting aside the judgment may not remove the suspension. You may be eligible for specialized driving privileges if you can not clean up the suspensions.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Can I do the pretrial deferral for a speeding ticket with a “operating while visually impaired” charge from 2018?

I got a speeding ticket for 12 over the limit 10/29/21. The officer told me (and I got a letter in the mail) that I could do a deferral and get the ticket off my record if I don’t get another ticket in a year. I got an “operating while visually impaired” charge in august 2018 in Michigan,... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 10, 2021

Review the letter in more detail to see if there is an exclusion, my guess is there is not. It should also give you a phone number to the prosecutor's office to call and get more clarification.

1 Answer | Asked in Criminal Law for Indiana on
Q: What would my punishment be on a class B misdemeanor possession of marjiauna less then 2 grams.
Andrew L. Bennett
Andrew L. Bennett answered on Nov 10, 2021

A Class B Misdemeanor has a penalty range from 0-180 days in jail and $0-1000.00 fine. WIthout knowing the specifics of your case, it is impossible to say what will happen in court. A lot will depend on if you hire an attorney or just go in and plead guilty. It may be possible to keep a... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: How can I find a "Petition for rescission of lifetime suspension" form (Indiana) online to print out or a sample letter?

I have searched online but am not sure of a document number for said petition. I am filing pro se to a small county & the clerk had said that even a hand written letter to the judge would suffice as it has been well over 10 yrs. since suspension took effect so even a sample letter would be helpful.

Andrew L. Bennett
Andrew L. Bennett answered on Nov 5, 2021

There is no form per se, rather look at the statute to make sure you cover all that is required to be alleged in the petition. It would be advisable to put a caption on the top and a title to the petition.

1 Answer | Asked in Criminal Law for Indiana on
Q: Expungement Eligibility and Process

Hello, I am an international student in the US on F1 Visa. 6 months back, I was simultaneously charged(NOT convicted) with 2 class C misdemeanors(1. Reckless Driving 2. Driving without ever receiving a license) in Newton County in Indiana state for the first time in my life. These have recently... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 1, 2021

Since the case has been dismissed you are soon to be eligible for an expungement, however, you have to wait one year from the offense/charge date to file the expungement. The one exception to this would be the prosecutor would have to agree in writing to an earlier expungement. After you have the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a person that has been kicked out of a home give cop permission to search said home
Andrew L. Bennett
Andrew L. Bennett answered on Oct 25, 2021

If a person has been kicked out of the home, it creates the impression the person does not have ownership in the home or any contractual interest in the home. If there is no ownership or contractual interest, it is questionable how the person could give officers permission to search.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Is there such thing as Indigent papers I can fill out so I can get two suspensions removed off my driver's license

I am trying to go back to work but I have to have my driver's license to be able to get to and from work because I have no friends or family that will take me to and from work everyday I got a speeding ticket in Georgia and a month after I got it me and my ex-wife was going through a divorce... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Oct 14, 2021

If you are wanting the suspensions removed, it will depend on a successful argument in front of the judge after filing the appropriate motion. If you are wanting reinstatement fees waived because of indigency, you can go ti IN.GOV and click on the link to the BMV to find forms for the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: owi involving drugs. How does law enforcement or prosecutor define intoxicated when the substance is drugs not alcoho
Andrew L. Bennett
Andrew L. Bennett answered on Oct 11, 2021

Intoxicated is not a number, its a state of being. Intoxicated is under the influence of drugs or alcohol or both to where a person's mental and physical abilities are impaired to where there is a loss of normal control of a person’s faculties. If you have a blood or breath alcohol score... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If we both got charged but everything was mine in the car and I wrote a statement would there's be dropped
Andrew L. Bennett
Andrew L. Bennett answered on Oct 5, 2021

To answer your question even with the letter whether the case is dismissed against the others will depend on the evidence and the prosecutor's discretion. Everyone should have an attorney and not try to resolve this on your own.

1 Answer | Asked in Criminal Law for Indiana on
Q: Am I going to get locked up if I don't finish my PDP?
Andrew L. Bennett
Andrew L. Bennett answered on Sep 30, 2021

If you have not complied with the terms of your pre trial diversion, the case will be resumed and you could face jail time.

1 Answer | Asked in Criminal Law for Indiana on
Q: If police found drugs and paraphernalia after a house fire; how long do they have to press charges?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 30, 2021

If the charges are misdemeanors then 2 years if they would be felony charges, then 5 years.

1 Answer | Asked in Criminal Law for Indiana on
Q: If a search warrant is being executed for a person on home detention, is a seperated warrant needed for a locked safe?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 28, 2021

That will depend on the facts of the case and is the safe listed in the original search warrant.

1 Answer | Asked in Criminal Law for Indiana on
Q: How can I find who is the public defender assigned to a case.ive tried calling the office
Andrew L. Bennett
Andrew L. Bennett answered on Aug 18, 2021

If the county where the charges are pending is using Odyssey/mycase (mycase.in.gov) you can look up the case and it should list who is the PD assigned.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can I be convicted of a syringe charge if the syringe has no needle and no plunger and no drugs
Andrew L. Bennett
Andrew L. Bennett answered on Aug 13, 2021

It will depend on many other facts. You should consult a criminal defense attorney right away.

1 Answer | Asked in Criminal Law for Indiana on
Q: What does this mean? "Defendant appears with counsel, Earnst enters. State by DPA. "
Andrew L. Bennett
Andrew L. Bennett answered on Aug 13, 2021

It means the defendant appeared with his attorney (likely Kurt Earnst) who also entered his appearance and the state was present by its Deputy Prosecuting Attorney.

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