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Questions Answered by Andrew L. Bennett
1 Answer | Asked in Criminal Law for Indiana on
Q: First time level 6 felony , what amount of jailtime. Or can.probation be an alternative to jail.

Does rehab help lesson the punishment for a level 6 felony

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 6, 2024

A level 6 felony has a penalty range of 6 months to 2 1/2 years in jail or prison. However, the incarceration for the person can be suspended and placed on probation. Rehab will not lessen the penalty per se but is a mitigating factor in determining the appropriate sentence.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Should i plead guilty? no contest? or ask for infraction deferral?

I got a 9-21-5-11 (c)(2) ticket for speeding in a workzone, no workers present. The cop clocked me going 90 however I had my cruise control set to 80. the speed limit was 55. How do I plead to best lower my ticket price or consequences?

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 3, 2024

Pleading guilty will add significant points to your record. Also, a no contest is really a plea of guilty in disguise, same effect. If the prosecutor offers an infraction deferral, that would keep the conviction and points off your record. If they do not offer the deferral, then you should... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Going to court tomorrow to see if judge will hear my cause for missing court a year ago. I am needed at home and work.

I'm wondering the chances of being locked up or if I'll be able to go free and have a later court date set up.

Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 25, 2023

If there is a warrant and you show up at court you will be taken into custody and it will be up to the judge to let you out. Since its been a year since you were in court, it is unlikely you will be released. You should consult with a local criminal defense attorney who may be able to get the... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: How can I be charged with F4 Burglary in a home I never entered that day shared by myself and my ex? Theft and SVF
Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 11, 2023

Based on the information provided to the police and then to the prosecutor determines what charges are filed. This does not mean the State can prove the charges, it will be based on what evidence there is in the case. An F4 carries a penalty range of 2-12 years in the DOC. If you have not... View More

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Can a police officer lie about doing you a "favor and writing the ticket so it doesn't go to the state"?

I was told this exact statement, then advised to just pay the fee online. Never occurred to me he could be wrong on purpose or just mistaken. I have points on my license now. I paid the ticket online, never imagining what I was doing was a huge mistake. Because I didn't know he was wrong/not... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 23, 2023

Depending on where the case is filed you may be able to file a motion to set aside the judgement and enter into a new agreement. You need to ask yourself are the fees paid to an attorney worth the points coming off your record? or Is my insurance rates going up so if I can get the judgement set... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Indiana on
Q: What are the chances of getting a felony 6 due to a DUI in the last 7 years to a misdemeanor?
Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 23, 2023

It will depend on many factors including, how long since the last conviction and the strength of the prosecutor's case among other factors. Many counties will allow a reduction after completing probation. You should consult with a criminal defense attorney who practices in the county where... View More

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can a judge file a motion to execute sentence and file a petition to revoke probation at the same time and consecutively
Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 22, 2023

No, Judges do not file motions in their own court, they issue orders. Attorneys, self represented persons, probation officers file motion/petitions.

1 Answer | Asked in DUI / DWI and Car Accidents for Indiana on
Q: Can postpartum depression be considered in court in a DUI case?

If you were drinking due to severe depression and anxiety will a judge take that into factor.

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 21, 2023

It should be considered as a mitigating factor by the prosecutor and the judge, which goes to considerations at sentencing, but it is not a defense to the OWI charge.

2 Answers | Asked in Criminal Law for Indiana on
Q: Can a judge allow two level fives felonies reduce the charges to misdemeanors because of a plea agreement. In indiana
Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 21, 2023

The short answer is yes. The prosecutor offers the plea and if the defendant accepts the plea, then the judge decides if the plea is appropriate given the circumstances of the case and the defendant. The judge can either accept or reject the plea.

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2 Answers | Asked in DUI / DWI for Indiana on
Q: Can a person receive jail time if they have a 2nd DUI and resist arrest?

She tried to escape police, and they had to blow her tires.

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 21, 2023

In Indiana, if you have a second OWI arrest, which could be charged as a misdemeanor or felony depending on how long ago the first offense occurred, there is a requirement for 5 actual days in jail or 240 hours of community service as a minimum of any sentence for being convicted.

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1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Indiana on
Q: I was in the process of moving to Indianna from Illinois and while traveling to Illinois in a gas station parking lot

I hit the gas peddle and not the break by mistake while parking my car. I am being charge with Indiana Statute 9-30-5-2(a) & (b).

I need to change my driver's license from Illinois to Indiana to include my redencey. Can I still change my car title, DL etc and my redency to... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 9, 2023

Yes, go change your license to Indiana sooner than later. The court should not suspend your license until the initial hearing, therefore the BMV should not know of the offense. If you do not change your license, and are convicted Illinois will suspend/revoke your license and it will be... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Am I a serious violent felon if I had a D felony for possion of precursor with intent to manufacture methinphanie
Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 6, 2023

Indiana Code 35-47-4-5(b) As used in this section, “serious violent felony” means:

(1) murder ( IC 35-42-1-1 );

(2) voluntary manslaughter ( IC 35-42-1-3 );

(3) reckless homicide not committed by means of a vehicle ( IC 35-42-1-5 );

(4) battery ( IC...
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2 Answers | Asked in Traffic Tickets for Indiana on
Q: Speeding ticket, not paid yet, got letter about infraction deferral agreement. Should I take it? Are there other options

Occurred in Whitestown, Indiana. Will put 2 points on driving record. The deferral will cost $80.50 more than the ticket. If no citations in a year, then the case will be dismissed. I am assuming dismissal will mean no record of speeding or the ticket and no points on driving record.

Andrew L. Bennett
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Andrew L. Bennett
answered on Nov 8, 2022

Your options are to pay the ticket and have a conviction and points on your record as well as the possibility of your insurance rates increasing. Take the deferral option, stay out of trouble and the case gets dismissed and the BMV will never know of the ticket. Though if you do get another... View More

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1 Answer | Asked in Traffic Tickets for Indiana on
Q: In 2020, I got a warning for speeding in Indiana and today I got a speeding ticket due to that warning.

Can I plead not guilty since the warning was issued over three years ago?

Andrew L. Bennett
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Andrew L. Bennett
answered on Jan 8, 2024

If the ticket was filed more than 2 years after the infraction offense date then the State has blown the statute of limitations and the case should be dismissed.

1 Answer | Asked in DUI / DWI for Indiana on
Q: What does OMNB form mean in court?

It was a motion filed and I’m not sure what exactly that means

Andrew L. Bennett
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Andrew L. Bennett
answered on Jan 3, 2024

It looks to be an abbreviation for onmibus which is a hearing date that is a deadline date for filing certain motions and defenses. You should discuss this with your attorney.

1 Answer | Asked in Criminal Law for Indiana on
Q: I'm court ordered to a deposition regarding drug charges that a family member acquired he saying drugs were mine idk wht

I was at a different residents next door when law enforcement found drugs in his home he was on probation I am not but he is now claiming drugs were mine Im confident there Is no case but an educated opinion would be nice thank u

Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 12, 2023

If you are court ordered to appear at the deposition then you need to go. However, you should not go without an attorney since anything you say will be recorded an can be used against you. Contact a local criminal defense attorney and discuss the situation.

1 Answer | Asked in Criminal Law for Indiana on
Q: I was arrested in April 2023 during a traffic stop on an FTA warrant.

I was arrested in April 2023 during a traffic stop on an FTA warrant. At the jail I was given jail attire to change into. During my dress out the officer found a bag of Methamphetamine inside my underwear, the jail officer contacted the arresting officer to inform him and he came back to the jail... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 1, 2023

You should discuss this with your attorney. If in fact both are from the same incident, then he/she should request the warrant be recalled.

1 Answer | Asked in Criminal Law for Indiana on
Q: Should I admit to my charges, if there is a lack/no proof against me
Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 1, 2023

If there is lack or no proof of the allegations against you, why would you admit. You should consult with a local criminal defense attorney to discuss your options. Most attorneys offer a free consultation.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can I get another attorney instead of free lawyer for my case? and I want to pay for that if he can get me another date.

I need to go to another county to turn myself in and not sure if I can do that or another lawyer can get another date for me

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Nov 27, 2023

You can always hire your own attorney even after the court appointed you a public defender. Use the find a lawyer tab on this site and look for a criminal defense attorney in your area. Discuss the situation with the attorney to see about getting a new date. Most attorneys offer free... View More

1 Answer | Asked in Criminal Law and Municipal Law for Indiana on
Q: My friend was pulled over and went to jail i was passenger.Cop let me drive off..can i be charged w/Driving while suspnd

My friend was pulled over and went to jail and then the cop allowed me to drive off in the car with the suspended license.. and then later down the line requested that driving while suspended charges be put on me is that even possible?.. I have no idea charges were filed against me until almost 3... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Nov 14, 2023

This sounds like BS, I suggest consulting with a local criminal defense attorney asap who can represent the facts to the prosecutor and hopefully get a dismissal of the charges.

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