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Questions Answered by Andrew L. Bennett
2 Answers | Asked in Criminal Law and Federal Crimes for Indiana on
Q: How much to retain an attorney or a level 2 felony meth charge with 2 priors
Andrew L. Bennett
Andrew L. Bennett answered on Nov 23, 2020

It will likely be quite a bit of money, but without knowing more details/facts of the case, it is difficult to quote based on simply the charges. However, do not put any personal information or specifics about your case on a public forum such as this because it may be monitored by police or... Read more »

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1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Juvenile Law for Indiana on
Q: What laws are broken in the theft of a communication device creating a safety risk?

I live in Indiana, the device was taken from a minor and is used to ensure safety by making sure she can remain in contact with a parent when playing with a group of friends a short distance from home at a playground, about half a block away from home. A teenager has been taking it from her to... Read more »

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

Have you called the police about this?

1 Answer | Asked in Criminal Law for Indiana on
Q: Can the police go though your phone on a traffic stop

I am on probation for a drug charge

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

Not without your consent or a search warrant

1 Answer | Asked in Criminal Law for Indiana on
Q: What should I do if a neighbor offered to store my car but when I went to get the car it was gone

I had checked with the neighbor several times on the car and he never said there was any problems he's also a mechanic and was supposed to fix the vehicles but never did he stated that his boss who owns a tow company took the car but he never towed, worked on, or stored my car

My... Read more »

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

If you can show proof of ownership, make a police report. You will then have to decide if you request criminal charges be filed or sue him in civil court.

1 Answer | Asked in Criminal Law for Indiana on
Q: I file a petition to waive reinstatement fees for driver's license and the response was they waived the filing fees

does that mean they waived the filing fee that it cost to file a petition or did they waive the reinstatement fees due to me being indigent

Andrew L. Bennett
Andrew L. Bennett answered on Nov 1, 2020

It sounds like the filing fees for filing the petition. However, after a hearing the court may waive the reinstatement fees as well.

1 Answer | Asked in Criminal Law for Indiana on
Q: Would I still be elg. for expungement after 5 yrs, if charged with a dui that was dism. through diversion program after?

Conviction was a non-violent misdemeanor

Andrew L. Bennett
Andrew L. Bennett answered on Nov 1, 2020

If the case was dismissed then you would be eligible for expungement after the case was dismissed and more than one year had passed since the offense date.

2 Answers | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Is attempt robbery a violent crime in state of Indiana
Andrew L. Bennett
Andrew L. Bennett answered on Oct 29, 2020

Yes

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1 Answer | Asked in Criminal Law for Indiana on
Q: If previously convicted of federal crime is all crimes committed after that considered federal

Was convicted of manufacturing a long time ago and it was a federal charge

Recently got totally different charge is the new charge considered federal also

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

Simply because you were prosecuted and convicted of federal charges does not make all future charges federal. The feds have criminal statutes as does the state, however it depends on who prosecutes you for new offenses. Some criminal laws are strictly state charges and some are strictly federal,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: if im 17 and have a domestic violence case and no contact order against my 18 year old boyfriend

can i request to the judge to drop my charges against him ? will i get introuble, i wasnt lying when the police report happened but i didnt want charges to be pressed when it happened and did not want a no contact order either , they did that themseleves. what can i do to drop the charges and no... Read more »

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

Contact the Victim's Assistant at the Prosecutor's Office and advise them of your thoughts about the case. The prosecutor has the decision on what happens, however, they have to at least take your thoughts into consideration.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I was pulled over. I did not receive a ticket, but the officer told me he was giving me a citation. What does this mean?
Andrew L. Bennett
Andrew L. Bennett answered on Oct 23, 2020

You may get a citation in the mail.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can I refuse to testify against my husband?

My husband was arrested earlier this year for domestic battery against me. He was released on his own recognizance a couple of days after the incident. I testified in my husband's favor during his initial hearing and the judge, very kindly, let him go with a condition to follow a substance... Read more »

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

You have been subpoenaed and are required to appear in court. If you do not show, the prosecutor can request a body attachment where the court would issue a warrant for your arrest. You would stay in jail until you were brought in front of the judge who could compel you to testify. There is a... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: My husband was arrested for a fta in 1 county I pailed bailed 16 days ago he has a hold for other county

How many days can they hold for other county

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

The county that has the hold should be making travel arrangements to get him. If there is no other reason for him to be in the county that is holding him, it is possible the county with the hold does not know he is ready to be transported. You may want to call the jail in that county and ask that... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Patents (Intellectual Property) for Indiana on
Q: I’m a 19 year old female an my boyfriend is 16 an we are pregnant can We get in trouble?Would we have to deal with dcs
Andrew L. Bennett
Andrew L. Bennett answered on Oct 12, 2020

You are both of legal age, there are no issues unless he was 15 when you got pregnant.

1 Answer | Asked in DUI / DWI for Indiana on
Q: I need advice on a DUI case...I have a few questions if someone could please help

My case says something about released on own recognizance, I was never arrested and have 3 charges I'm facing

Andrew L. Bennett
Andrew L. Bennett answered on Oct 7, 2020

What are your questions? Many times in OWI/DUI cases there are multiple charges for similar offenses, generally, you can only be convicted of one OWI offense.

1 Answer | Asked in Criminal Law, Federal Crimes and Probate for Indiana on
Q: How can my boyfriend get his probation transferred?

He is on probation for 6 months in Indiana but he’s trying to be here with me in St. Louis. We planned on getting married sometimes this year, and he has a job waiting for him here already. Is that enough for them to transfer his probation?

Andrew L. Bennett
Andrew L. Bennett answered on Oct 4, 2020

He needs to speak with his probation officer and to discuss how his case can be transferred under the Interstate Compact on Probation.

1 Answer | Asked in Criminal Law for Indiana on
Q: If paraphernalia is found in a common area, and no one is tested for drugs how do they choose who to change with possess

How do they choose who to charge with possession

Andrew L. Bennett
Andrew L. Bennett answered on Oct 4, 2020

If drugs or paraphernalia are found in a common area and it is seen by all, but is tested or claims the paraphernalia. Then each person can be charged under constructive possession.

1 Answer | Asked in Criminal Law for Indiana on
Q: am I going to be charge with domestic violence?

Yesterday my wife was intoxicated, stood up in my car. When I braked she fell hitting her head. Braking my windshield. When we got home her and her friend kept drinking. She fell in the driveway hitting her chin and bleed everywhere. And I believe went unconscious. Later I was in bed she fell on... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 28, 2020

The Prosecutor's Office will review the reports and make a determination if charges are going to be filed. You should contact a local criminal defense attorney who can better answer questions about the Prosecutor's Office and can assist your wife with contacting Victim Assistance to... Read more »

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:...
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