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Questions Answered by Andrew L. Bennett
1 Answer | Asked in Criminal Law for Indiana on
Q: I can’t find information on marijuana laws in Indiana. Can I smoke in my backyard or can my neighbors call the police?

I want to be able to smoke outside, but I’m worried if a neighbor smells it that they will call the police. Since I wont be operating a vehicle can I get in trouble?

Andrew L. Bennett
Andrew L. Bennett answered on May 6, 2021

Marijuana is illegal to use in Indiana, whether on your personal property or public property. If your neighbors call, you could get in trouble.

1 Answer | Asked in Criminal Law for Indiana on
Q: Why would a felony D Theft be the charge in Indiana on a case where $85 was the amount allegedly taken?
Andrew L. Bennett
Andrew L. Bennett answered on May 4, 2021

In Indiana Theft is now a class a misdemeanor unless the value is over $750 then it would be a level 6 felony. However, if the offense took place under the old law, offense prior to 2014, where theft is a class D felony then the $750 threshold does not apply.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I was ticketed 3/27/21 for 82 in a 40 in Brown County, Indiana. That is reckless. I got a "civil complaint & summons"

I called the clerk in Brown County and they could not find my UTT or my name in the system. I spelled my last time twice and she confirmed it with me, letter by letter. The court date is for 5/6/21 but she said she'd have to call around and call me back. If she can't find it initially,... Read more »

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

You will still have to appear in court on 5/6/21. The prosecutor has 2 years to file charges.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I recently loss employment due to having an open warrant for a traffic violation, how do i go about getting it recalled?

Its 2 tickets, one for going 60 miles on a county road and driving on a suspended license.

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

Contact a local criminal defense/traffic attorney who can assist in requesting the warrant being recalled and also working to help you get a valid license. Use the find a lawyer feature; most attorneys have payment plans to work with your budget. If you choose to go it alone, it is unlikely the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Dear Mr. Andrew Bennett:In answer to your question, DRUNK or STONED.

NO, He has been driving on a SUSPENDED license for 10 years. Had multiple vehicular accidents, has MANY FTA's. No, he was NOT drunk or stoned. What does that have to do with him hitting a HUMAN BEING, only stopping because there was a witness, or I would be DEAD. He was looking at a REAL... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 27, 2021

Previously you did not mention he failed to remain at the scene and was driving away but for a person stopping him. That fact would support a charge of leaving the scene of an accident as a misdemeanor. If your injures are within the definition of moderate or serious bodily injury the charges can... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: In the state of INDIANA, COUNTY of HANCOCK, town of GREENFIELD is it NOT a FELONY to hit a person with an automobile?

1. Car was driven by a person with a SUSPENDED (for 10 years) LICENSE

2. Woman who came to scene to get car provided (and DELIBERATELY) FALSE DOCUMENTATION.....RE......INSURANCE expired NOVEMBER 05, 2020, and that she was his wife......she is married to someone else to the POLICE OFFICER

Andrew L. Bennett
Andrew L. Bennett answered on Apr 26, 2021

There needs to be more facts to answer your question accurately. Did the driver deliberately hit the person? Was he drunk/stoned? Was the suspension a result of an offense or infraction? If it was an accident only then there would be no criminal charges for driving while suspended. However, if... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Well my sister still get off parole if she doesn't come back?

She was doing good no new charges had a failed screen they wanted her to go to a rehab again and she decided to leave town. She has about 5 months left on parole and just wants to be done so she left. I'm just wondering if she will still be able to get off parole like she was originally going... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 19, 2021

If she has a violation of parole for a drug test and then chose to leave town without permission, she will have another violation and it is most likely she will have a warrant for her arrest. The longer she waits the worse it will get for her.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can they extend your probation when they modify it without telling you or having you sign paperwork about extending it?

I was sentenced to 258 days of probation on feb 10th they violated my probation in March and modified it in June of 2020. Now they violated me again in March 2021 but my probation should be over if they extended it I. Didn’t know and I never seen paper work or signed anything saying it was... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 17, 2021

When a probation revocation is filed it tolls the time of probation running thereby extending your probation. So when you were violated in March 2020 and it was then modified in June of 2020, if I have the facts correct then most likely your time was tolled while the revocation pended from March... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Hi. I am asking for a friend. So my friend and her ex boyfriend have a house together in Beech Grove, IN. They rent

And are Both on the lease. Her 18 son was staying there until the ex kicked him out. She went back today to get her some things and the ex thought her son was with her so he took his loaded gun and went outside and fired 4 shots at the jeep thinking her son was in there but he wasn't. Her... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 16, 2021

That would be a question for the officers who responded to the scene or their superiors. If he admitted to shooting the gun, they saw the gun and there was evidence of gun shots in the jeep, other witnesses who observed him shoot, the officers could have made an arrest. If those facts are... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Indiana on
Q: I have seen in some states if I’m 17 can I voluntarily runaway or is it illegal in Indiana ?
Andrew L. Bennett
Andrew L. Bennett answered on Apr 15, 2021

It is illegal in indiana to run away as a juvenile, however, you may be able to seek emancipation which is saying you are legally an adult.

1 Answer | Asked in Products Liability, Consumer Law, Traffic Tickets and Collections for Indiana on
Q: Abandoned vehicle at storage has been here for years, tag expired 2012 Is there Streamlined abandonment tiitle Process?

Vehicle stored over 5 years with no payments or contact with owner.

Attempts to contact owner satisfied but unsuccessful. Vehicle valued under $700, not road worthy.

Andrew L. Bennett
Andrew L. Bennett answered on Apr 15, 2021

If the vehicle is abandoned, you can file a request for salvage title and obtain title to the make it your property.

1 Answer | Asked in Criminal Law and Juvenile Law for Indiana on
Q: My son has missed allot of school, can I eventually get in trouble for him not going??? How can I make him go legally?
Andrew L. Bennett
Andrew L. Bennett answered on Apr 13, 2021

Yes, you can be charged with educational neglect. If he is not showing for school, contact the school resource officer.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I need help understanding IC code: IC 9-21-8-1, for disregarding traffic officer.

I was trying to enter the highway based on google maps. I saw two police cars parked in one lane of the lanes of the highway, so I slowed down completely to go around the car, like you normally would on the highway when a lane is blocked. There were no stop signs of traffic cones to block the... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 12, 2021

You should consider speaking with a local criminal/traffic attorney who will be able to best argue your position. If you simply pay the ticket it will add a minimum of 4 points to your record and could raise your insurance rates.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can my 15 yr old be arrested for being violent, destroying the house, breaking things? Hes a 6" 250 lb boy.
Andrew L. Bennett
Andrew L. Bennett answered on Apr 12, 2021

Yes, he can be charged through the juvenile court.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I have tickets that are from 2019 an have gone to collections and are way more just because should I pay the whole amout

Need help I don’t have all of witch there asking for

Andrew L. Bennett
Andrew L. Bennett answered on Apr 9, 2021

Depending on where your tickets are filed it may be cheaper to have an attorney see about setting aside the judgments and working out agreements that will not impact your license and insurance as much if you just pay the tickets.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Indiana on
Q: How do I know as a minor what kind of protection/restraining order was put on my boyfriend by my parents?

We began dating 7 months ago I was 15 he was 19, he's now 20. My parents knew about our relationship the entire time, but they decided to put a restraining order when they found details of our relationship. I'm just wanting to know if it is a restraining order that will expire, one I can... Read more »

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

The protective order is likely for 2 years so it will expire before you turn 18, however, your parents may be able to get an extension. Additionally, if you and your boyfriend are sexually active and there is more than 4 years in age difference, he is committing Sexual Misconduct with a Minor... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Indiana sentenced under old law before July 1 2014 . violated twice as a condition of probation what’s the credit time

I violated twice 3 do 18 months... 180 do 90 days served then 144 days did 72 then 720 365 she is arguing it was condition of probation and credit time isn’t the same but that’s the new law and she says I still have a boat load of time left to serve I need to see if I can even dispute this and... Read more »

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

You should contact the attorney who assisted you with the plea agreement to get a more definite answer, however, you should be getting day for day credit.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: System want let me pay my tickets

I paid some tickets.. But one say unplayable.. Can u help..317 2469749

Andrew L. Bennett
Andrew L. Bennett answered on Mar 18, 2021

I am assuming you have tickets in Indiana and are trying to pay the tickets online. You should consider speaking with a traffic attorney to determine if paying the tickets in the long run will be more expensive than hiring an attorney who may be able to negotiate a better resolution to the case.... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: My 19yr old niece has had a membership @ a tanning salon for over a year now. Recently she took a “friend “ with her who

Influenced her to steal tanning lotions. She believes they are aware & seen her on camera. Can a warrant be issued & if so would it be issued immediately? Meaning after the police report was filed? We have no clue if any of this has happened she’s just VERY nervous to the point she won’t go to tan.

Andrew L. Bennett
Andrew L. Bennett answered on Mar 16, 2021

If charges are filed you would be able to see them on mycase.in.gov, unless the prosecutor requested the warrant be sealed.

1 Answer | Asked in DUI / DWI for Indiana on
Q: What do I need to bring to the BMV to get a conditional drivers license id card..I have specialized driving privilages

Conditional license id card requirements

Andrew L. Bennett
Andrew L. Bennett answered on Mar 15, 2021

If you are just needing the card, take the SDP order and the other required documents you would normally take to get a driver's license to the BMV, they will issue you a driver's license that will indicate "conditional" rather than "valid".

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