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Questions Answered by Andrew L. Bennett
2 Answers | Asked in Adoption, Child Custody, Criminal Law and Family Law for Indiana on
Q: Is it legal for a wife to runaway with their child and just disappear in Indiana?
Andrew L. Bennett
Andrew L. Bennett answered on Mar 27, 2020

If the wife is intentionally preventing husband from seeing the child it is potentially a criminal act on her part.

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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Hello my question is can you still purchase a gun for home protection in Indianapolis if i have a d felony for theft
Andrew L. Bennett
Andrew L. Bennett answered on Mar 23, 2020

As a convicted felon you would be prohibited from possessing or owning a firearm. If you were to try and purchase a firearm, you could be charged with a state or federal crime. Depending on when you were convicted you might be able to get the case expunged or reduced to a misdemeanor, in which... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Can I get my fine (Operating with Expired Plates) reduced/eliminated?

The plates expired several months ago. I did not realize this, as my mother kindly paid for my registration while I was at university (the renewal info is mailed to her address, not mine, so I did not realize the plates were not renewed this year). I’m not sure if I can fight this ticket (I know... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Mar 20, 2020

Before paying the ticket, consider calling the prosecutors office to see if they would be willing to work with you. Additionally, most of the ticket costs is the court costs which are $135.50. The prosecutor may be willing to dismiss for compliance.

1 Answer | Asked in Criminal Law for Indiana on
Q: What are the first steps to take,or person to talk to if your son is facing time and we want to help in getting him less

Time by informing of other crimal activity.

Andrew L. Bennett
Andrew L. Bennett answered on Mar 18, 2020

Your question does not have enough information to accurately answer the question, however, if you son has criminal charges he needs to hire an attorney or request a public defender right away. Also, he should not be making any comments or statements to anyone other than his attorney. Once he has... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If a child commits murder is there any consequence for the parent? (Assuming the parent is not involved in any way)

Could you attach the law or whatever so I can reference it? It’s for my English class debate

I’m in Indiana, my gps is wrong

Andrew L. Bennett
Andrew L. Bennett answered on Mar 12, 2020

If this is for a class in Michigan, the answer I provided my be a little different depending on MI law rather than IN law. You can put each of the charges I listed into the "Research the Law" tab on Justia's website or Google, just make sure you specify MI if that is the case.

1 Answer | Asked in Criminal Law for Indiana on
Q: If a child committed murder. No influence from the parent or anything. It was an accident. What would the consequence be

We have an English debate and I need this info to prove my point but can’t find it anywhere online.

Andrew L. Bennett
Andrew L. Bennett answered on Mar 12, 2020

If it was an accident then it is not Murder and its not a crime. If it was not an accident and depending on the circumstances the charges can range anywhere from Reckless Homicide to Involuntary Manslaughter to Voluntary Manslaughter to Murder. If committed by a child under 16 years of age it... Read more »

1 Answer | Asked in Criminal Law and Estate Planning for Indiana on
Q: how can l fine my son case got the case number one is29col0411MR0103
Andrew L. Bennett
Andrew L. Bennett answered on Mar 9, 2020

You can look on mycase.in.gov or doxpop.com. If you cannot find it there you can contact the Clerk's Office in the county were the case was filed.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I have a CDL class A. I just received my 1st failure to stop at a stop sign ticket in Indiana in my personal car.

Will I lose my license or how bad would it affect my license

Andrew L. Bennett
Andrew L. Bennett answered on Mar 9, 2020

You should not lose your license for a stop sign ticket, unless there are other convictions on your record that would cause the suspension. Additionally, if you did not have insurance your license will be suspended. If you are an Indiana resident and you admit to the violation it will add 2-4... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: First time pulled over and ticket for speeding. Cop wrote wrong car info. What do I say to fight it?

I received a speeding ticket a few days ago in the afternoon. The cop wrote a black ford. But I was driving a black Chevy. I talked to a couple family friends that are cops and they said to fight it. It’s my first time getting pulled over and first time getting a ticket. What would I say to fight... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Mar 6, 2020

The wrong car listed on the ticket will not result in the case being dismissed unless there was a Ford at the same place you were and the officer admits to pulling over the wrong car. If he simply wrote down the wrong make, the scriveners error can be corrected at any time until the case is... Read more »

1 Answer | Asked in Traffic Tickets and Juvenile Law for Indiana on
Q: I got a speeding ticket going 77 in 55

I’m 17 and this is my first offense and before I could pay the ticket I have to go to an initial court hearing about it, and just wanting to know what happens in an initial court hearing

Andrew L. Bennett
Andrew L. Bennett answered on Mar 5, 2020

You should consider speaking with an attorney before going to court. If you go and admit the violation it will add a minimum of 4 points to your record and likely increase your insurance costs considerably for the next three years or so.

1 Answer | Asked in Criminal Law for Indiana on
Q: I was arrested for theft at Menards. I havent been convicted. Menards is demanding payment of $200 b4 conviction

They state that filing a criminal compliant, conviction, or guilty plea isn't necessary to demand payment.

Andrew L. Bennett
Andrew L. Bennett answered on Mar 5, 2020

It sounds like they have sent you a treble damage demand for payment of theft protection costs. You should consult with an attorney for the criminal charges and the treble damage complaint before paying or going to court.

1 Answer | Asked in Criminal Law for Indiana on
Q: on pretrail deversion ends in May! 20 y old in state of indiana charges illegal consupt alcoholic bev

postive test for THC on no tolerances just went thru a long break up big cut in pay and severe teeth pain have contined group sessions on time cooperative and engage in meetings been released from CDS to postive drug s creens NOW being reffered back to the courts what can i... Read more »

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

With the PTD now ending your case will continue where it was prior to your entering the PTD program. It may be possible the prosecutor will reinstate the PTD with additional fees, if not then your choices are to plead guilty, go to trial by yourself or hire an attorney who will represent you.

2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for Indiana on
Q: I had a wreck in November due to a seizure. I was put in the ambulance and refused treatment

Because I knew I had a seizure.A deputy then put me in cuffs and took me to the hospital to see if a doctor could tell if I had a seizure the dr could not verify if I had one then the officer had me do blood test. I just received papers saying I have to go to court in March for a class c... Read more »

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

You should consult with an experienced criminal defense attorney and do not talk to anyone about this other than your attorney. At this point it is illegal to have marijuana metabolite in your body, however, there is legislation that may change that in Indiana.

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1 Answer | Asked in Traffic Tickets for Indiana on
Q: Can my ticket be dismissed for an error regarding my license plate's expiration date?

I was ticketed in Lebanon (Boone County) for illegally passing a school bus, but the ticketing officer entered the expiration date incorrectly (April of 2020 instead of September). I was able to get a parking ticket dismissed in NYC for a similar error, but I'm unsure of Indiana's position on this... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 27, 2020

It is very unlikely the case would be dismissed for the error; it would be viewed as a scriveners error and the prosecutor can move to amend at any time.

1 Answer | Asked in Criminal Law for Indiana on
Q: I’m on the diversion, what are the chances of getting a small extension to finish the requirements?

I will have my community service done, but the class I have to take is only available a few days after my compliance hearing. I’ve had a year to do everything, but this year has been hard financially and super busy so I never had money or time for any of it. Will the judge extend it to let me do... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 26, 2020

It will depend on the prosecutor and the judge, if you had an attorney before, you should contact them before going to court. If the court and the prosecutor do not agree to the extension then your case will be back where it was before the diversion and a conviction is much more likely. If you... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got a ticket for driving too fast in road conditions?

This morning I was driving to work going 40 in a 55 because there was snow on the road and I got pulled over for and got a ticket for driving to fast in road conditions. Is that justifiable?

Andrew L. Bennett
Andrew L. Bennett answered on Feb 26, 2020

The officer is going to have to show the weather conditions justified driving so much slower, that the roads were not clear or the visibility was too bad. The type of vehicle you were driving, may also play a factor. The prosecutor/court will want to know the speed of other vehicles on the road... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: My ex,spouse at time of offense.had broken my thumb in a fight with me.He was charged with disorderly conduct.conversion

His final disposition said conversion unknown what does that mean

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

If you are looking at Odyssey/mycase.in.gov and it is an older case which was filed before the county started using Odyssey, it means the Clerk's office did not input all the data to show what actually happened with the case. Each county was responsible for how their information was inputed in the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: My mother is facing domestic battery charges against her ex husband who is currently stalking and harassing her

They are just recently divorced after 15 years of marriage. Through the years he’s been physically abusing her and finally she was able to leave; however, after their altercation where he pressed charges against her, he is threatening to go ahead with them unless she complies with his advances to... Read more »

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

She needs to consult with an experience criminal trial attorney who is familiar with the court and the prosecutors office where her charges are pending.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: received a ticket for driving with no valid license but the cop didn’t know my license was suspended. What do I do

I was pulled over in Indiana and issued a ticket for driving with no valid license. 9-24-1-1. The cop said the system for checking licenses was down and couldn’t find my info so it didn’t come up my license was actually suspended. Best way to handle this?

Andrew L. Bennett
Andrew L. Bennett answered on Feb 24, 2020

Consider consulting with an attorney, it is possible the officer ran your information later and the State will file an additional charge.

2 Answers | Asked in Criminal Law for Indiana on
Q: Not given a ticket for drug paraphernalia in Indiana, could I still be charged without knowing?

I was pulled over in Indiana for following a car to close. When pulled over the officer searched my car and found drug paraphernalia. The officer told me that as long as it wasn't a pound of marijuana he wouldn't worry about it. He confiscated my paraphernalia and gave me a written warning for the... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 24, 2020

Yes, it is possible, however, it will be up to the prosecutor to file charges. If the officer did not write any citation or report and send it to the prosecutor then it is likely not to go anywhere.

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