Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Andrew L. Bennett
1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: what does State's Notice of Amendment mean
Andrew L. Bennett
Andrew L. Bennett answered on Sep 22, 2020

It means they are putting the court and all parties on notice of an amendment to something such as the charging information or some other document.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Can an officer write a citation a week after the infraction? I was pulled over because I didn't have license plates on

The vehicle I just purchased the week before I handed him my license and found out that they were suspended at that moment and he kept them. The bill of sale was not from the titled owner because the person I bought it from had bought it from them I guess but I had the title I just didn't have... Read more »

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

Yes, the officer can write a citation after the fact. However, you should have been sent a notice of the violation. Consider speaking with a local criminal/traffic attorney.

1 Answer | Asked in Criminal Law for Indiana on
Q: My brothers ex sends him to jail because she initiates all fights but when he defends himself she presses charges.

My brother is autistic. His ex also has mental health issues, but won’t get help for them because she wants people to feel sorry for her. He has told my parents and I that when he tries to sleep even she wake him up by punching him. She’s cut him, broken bones, cut his head open. She hits him... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 19, 2020

In Indiana the prosecuting attorney is the only one who can bring criminal charges. Your brother does not press the charges. If a police report has not been made concerning all she has done, it should be. Additionally, contact the local office of Indiana Adult Protective Services.

FSSA:...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: I'm looking for case law concerning Miranda warnings.

I'm looking for references for case law concerning when law enforcement must read a Miranda warning on scene of a domestic battery. I am a law enforcement officer and I was told by a co-worker that Miranda does not need to be issued at the scene of a domestic battery because there's case... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 16, 2020

I applaud your wanting to do it correctly. Look at Lexis or Westlaw to find Indiana cases that follow Miranda. Why isn't the prosecuting attorney giving you direction? Also, you should ask the attorney for the department, ie City or County Attorney. Does the department have an SOP?

1 Answer | Asked in Criminal Law for Indiana on
Q: Can someone be released for alleged crime and then later be issued a warrant for the same arrest?
Andrew L. Bennett
Andrew L. Bennett answered on Sep 16, 2020

Yes, it is possible. In most cases where a person was detained, then released and then later charged, the State should have requested a summons. However, in serious cases or if the State does not consider the prior detention a warrant is likely.

1 Answer | Asked in Criminal Law for Indiana on
Q: How would my wife address the prosecutor in writing a letter?

My wife and I had a heated argument took my phone and I took it back from her and was gonna take our child and leave and she called the cops and wanted me to leave for the night. Cops show up then I'm arrested and charged with domestic violence, even though she said I didn't hit or hurt... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 10, 2020

It would be expensive to hire an attorney to write a letter. Has she talked to the prosecutor's office, they should have a victim advocate who will discuss her wishes with the case. This should have already been done, since the prosecutor has a legal obligation to get input from the victim... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: How can a trial date be set before a pretrial conference?

Son was jailed for DV, bailed out, as a court date 10/26. Was informed today9/8 that there's a jury trial set for 1/2021. His ex-gf/ babies mother has told me she isnt filing charges. Has the state picked it up and besides obtaining a lawyer what should we be doing?

Andrew L. Bennett
Andrew L. Bennett answered on Sep 8, 2020

If today was his Initial Hearing, the Court likely set the jury trial as well as other dates; this is a normal action.

In Indiana a person does not file charges, so his ex-gf cannot file charges. The State of Indiana through the prosecutor chooses to file or not file charges.

Your...
Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: i was pulled over today at 345pm by a indiana state trooper the information on my ticket is wrong

the license and not the correct state also told me i couldnt drive with the license i have now im 47 years old and i have a instrution permit which is still vaild just bought the xar over the weekend wasnt breaking any traffic laws he just got behind me and ran my plate

Andrew L. Bennett
Andrew L. Bennett answered on Aug 31, 2020

I am not sure what you are asking.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can the police open car door when k9 is doing free air sniff?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 31, 2020

If it was after the dog alerted then yes based on warrant exceptions they are permitted to open the door. If it was during the free air sniff, there may be a supressable issue. If you or the person whose vehicle was opened have not yet retained an attorney.you should consider consulting with an... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: How do I go about getting an advocate for an upcoming court case?

I'm trying to file for a virtual hearing. My abuser is an auxiliary police officer and has been helped by the cheif of the police. The hearing is for protective orders is 9-8-2020. I've also reached out to advocates with no luck. I'm a critical care rn disabled with Multiple... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Aug 29, 2020

Have you contacted the court to ask if you can appear by zoom. In addition to not feeling safe, is COVID a concern at all?

1 Answer | Asked in Civil Litigation, Small Claims and Criminal Law for Indiana on
Q: Asking advice regarding stolen tools and brother in laws shop!!!

My husband had a small office space attached to his brother in laws machine shop business. His wife, my husband's sister, took many of his expensive tools, probably about 1000 worth, out of the office and won't return them. They also took a check from his mailbox and at first refused to... Read more »

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

Has he made a police report?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Indiana on
Q: Can the police pull me over just to talk to me
Andrew L. Bennett
Andrew L. Bennett answered on Aug 21, 2020

Assuming you are not a CDL operator and in a commercial vehicle, no, not without a valid traffic violation.

1 Answer | Asked in Criminal Law for Indiana on
Q: When a felony conviction has been changed to misdemeanor due to alternative misdemeanor sentencing is it still a felony?

I was convicted of a computer-related felony in Indiana and after serving my probation it was converted to a misdemeanor. I am applying for a concealed carry gun license and it asks me if I've EVER been convicted of a felony. When the conviction was changed to a misdemeanor I was lead to... Read more »

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

Once the judgment was reduced to a misdemeanor, the conviction is no longer a felony but now a misdemeanor. You may want to consider going onto IN.gov and running a criminal history check, not the limited criminal history, to confirm it was entered correctly on your history.

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Can the police look through other peoples phones that are in the house while doing a search and seizure warrent
Andrew L. Bennett
Andrew L. Bennett answered on Aug 14, 2020

It depends; were the police searching the phone based on authority from the search warrant? Did the owner's of the phones give consent?

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Am I able to purchase a firearm with these criminal charges:

04-28-18 / 185503A4 / Conviction / Probation Served

09-21-18 / 184904B / Conviction of Misdemeanor 3 / Probation served

09-21-18 / 186111G4II / Non-Conviction / Withdrawn

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

There is not enough information you provided to be able to give you an accurate answer.

1 Answer | Asked in Criminal Law for Indiana on
Q: In Indiana, do the police have to tell you what they are searching for and then show you said evidence?

I was pulled over and in the process of giving them my information the Oster open my door asked me to step out I asked him why several times he refused to tell me why when I finally did step out there was a canine standing at the back of my vehicle I told him that shouldn't search they went... Read more »

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

Based on your description there may have been a violation or not, it's hard to say. Traffic stop cases are very fact sensitive and more details are needed. You should contact a local criminal defense attorney to discuss the specifics of your case, sooner than later.

1 Answer | Asked in Criminal Law, Real Estate Law and Animal / Dog Law for Indiana on
Q: Can I do anything about my outside cat I’ve been taking care of when the neighbor stole it

Had it for months no paperwork or anything my kids fed it and it stayed here. We even provided food and shelter. Looked at the neighbors house and seen it in the window she stole it

Andrew L. Bennett
Andrew L. Bennett answered on Aug 10, 2020

Have you talked to the neighbor about having adopted it yourself? If she knew it was staying at your house she may give it back.

1 Answer | Asked in Criminal Law for Indiana on
Q: Why was a warrant issued

I'm currently on probation and due to allegedly failing 2 drug screens my probation officer filed a petition to revoke probation on that same day a warrant was issued for my arrest. I haven't missed any court dates and I've been to every probation appointment and not been in any more trouble

Andrew L. Bennett
Andrew L. Bennett answered on Aug 8, 2020

Many judges issue warrants for violations of probation since it is a privilege to be on probation. It was up to the judge to decide to issue a warrant or a summons and in your case he/she chose a warrant. Contact your previous attorney or hire a new one, if you cannot afford one request a public... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can Indiana hold inmate longer than 30 days on extradition warrant out of Oklahoma?

No charges in IN. 3 misdemeanor charges from OK. What to do if inmate is not released?

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

The person needs to file a motion with the court where they are being held asking they be released. Also someone should advise the correct county in Oklahoma that the person is in-custody in Indiana and request they start the extradition process.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Indiana on
Q: Can I sue for discrimination if someone is harassing me calling me names cause of my disabilities and taking my money

The girl is calling me retarded and blacked mailed me into giving her money and then steal money from my bank account and keep telling me I’m retarded and that I should kill myself

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

You need to call the police, it is very likely she is committing several crimes.

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.