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Questions Answered by Andrew L. Bennett
1 Answer | Asked in Criminal Law for Indiana on
Q: 35-48-4-8.3(b)(1)/MC: Possession of Paraphernalia This is what I was charged with. I had a 1 hitter. Do i need to worry

I admitted to having a one hitter when asked to search my car. It was empty. I did not have any drugs or anything else on me. Do I need to worry about going back to jail at my court date? This is my first offense for this

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

It is a Class C Misdemeanor to be in possession of paraphernalia, which carries a possible jail sentence of 60 days. If you do not have an attorney, hire one or request a public defender. Depending on your history you may qualify for a Pre Trial Diversion.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can i get my class D felonies reduced?

I plead guilty to criminal recklessness(with deadly weapon)and intimidation on January 25 2015 in Clark county and was released on 4 years of probation. I was originally arrested on

January 26,2014. I served one year before the guilty plea .I was told that after completing probation I... Read more »

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

If it is not in the plea agreement then you will have to file a motion under Indiana Code, however, it will be entirely the judges decision.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: The officer was not wearing a safety vest, standing in the middle of the street. Can I use this info for denial?

I was merging from a two lane road that becomes one lane on Stop11. The car next to me would not let me merge. (They sped up as I was increasing my speed to get over.) I got pulled over, they didn't. There was a car in front of me that merged. It was after he merged that I noticed the police... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jan 23, 2020

You should contact the prosecutors office to see if you qualify for the infraction deferral program. If you do not consider hiring an attorney. If you go to court the standard is who does the judge believe more, its an up hill battle for you. Also even though no one else was cited does not give... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: What Does it mean when the court receives and updates my case with "Motion Filed, Consent To Modification" filed by the

If we're still waiting on the court ordered progress report, what does it mean when there's an entry with the court stating, that the State Filed Motion and then it says, Consent to Modification? The prosecutors are in agreement and are going to accept the modification on their we was just waiting... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jan 23, 2020

Without knowing more, it appears the State has filed a motion consenting to a modification. However, the court still has to either approve or deny the modification.

1 Answer | Asked in Criminal Law for Indiana on
Q: Do you always get an escape charge when you cut off a home detention bracelet?

My brother was modified onto home detention and cut his bracelet off and had been caught, the courts have not charged with an escape charge at his preliminary hearing, does this mean he will not get an escape chatge?

Andrew L. Bennett
Andrew L. Bennett answered on Jan 23, 2020

No, the State has 5 years to charge him with Escape since it is a felony. I would expect a charge within the next few months.

1 Answer | Asked in Criminal Law for Indiana on
Q: Bonded out on a Class A misdemeanor. Can I move out of state for medical treatment that isn't available in Indiana

Arraignment was today where I pled not guilty for possession of marijuana less than 30g with prior. I have chronic pain and epilepsy. I want to move to Ohio or Illinois to receive medicinal marijuana treatment so I don't have to continue to worry about weed nazis.

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

You should be able to move out of state, but confirm your conditions of bond to make sure it is possible.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Is it illegal to loan your car to someone who has a suspended driver's license in indiana
Andrew L. Bennett
Andrew L. Bennett answered on Jan 20, 2020

It is possible to be charged with assisting a criminal. Also keep in mind if the person gets into an accident, your insurance will likely not cover the damage and you could be sued.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can knowlede of items of discovery be used as a bargaining chip to a plea offer?

Offered a plea bargain but wont disclose certain items of discovery . he was informed that the plea bargain would be yanked if they revealed said items.

Andrew L. Bennett
Andrew L. Bennett answered on Jan 17, 2020

No, a prosecutor is duty bound to turn over all evidence/discovery. If its exculpatory, the prosecutor would be committing a Brady violation and could be disciplined. Your attorney should compel discovery or bring it to the attention of the judge.

2 Answers | Asked in Criminal Law for Indiana on
Q: can My husbands parole be revoked for a new level 6 felony habitual traffic offender ?
Andrew L. Bennett
Andrew L. Bennett answered on Jan 16, 2020

YES, he is accused of committing a felony while on parole, that is a violation.

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can the judge who signed your arrest warrant turn around and take your money to be your paid attorney? In

Kosciusko county Indiana

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

Not sure how that is possible, it sounds like a conflict of interest, can't play two roles in a criminal case.

1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: You I need to know if a police officer can infact arrest me for driving while suspended if he never pulled me over

You

..I've been yanked around in court...and Eve. Charged with driving without ever reviewing a license...when I infact DO have them ,they r just suspended...I even took papers from the DMV stating I have them...and they don't do anything about it..You

And ..,while I was... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jan 15, 2020

You should consult with a local attorney or contact the court to request a public defender.

1 Answer | Asked in Criminal Law for Indiana on
Q: I currently have a misdemeanor battery looking for a reasonable attory can someone please give me some information pleas

first and foremost like to introduce myself my name is Angel I'm currently in South bend Indiana area someone can please give me some feedback it would be great do have some earn income saved up like to know prices please help somebody thank you very much and have yourself a good evening! today is... Read more »

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

You can use the "Find a Lawyer" tab to search for attorneys who practice in the county where your case is pending.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Speeding ticket expunge?

I got 2 speeding tickets back in 2017 and I took a defensive driving course to reduce my points. On my driving record, it shows I have 0 points currently but my insurance bill is still insanely high. Can I get these 2 tickets taken off my driving record with an expungement?

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

Depending on the view of the court and/or the prosecutors office you may be able to file a TR 60 motion to remove and expunge the tickets from your record. Consult with an attorney who can look at your record to see if there is anything else that can be addressed to help reduce your insurance... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Can I get an operator's license in the state of Indiana if my commercial driver's license in Indiana is suspended
Andrew L. Bennett
Andrew L. Bennett answered on Jan 13, 2020

If there is no other reason preventing you from having an operators license, the fact your CDL is suspended will not interfere with having a personal license. If you do not have a myBMV account, consider setting one up so you can view your driving record for free.

1 Answer | Asked in Criminal Law for Indiana on
Q: If someone is out on house arrest will they be required to stay at the address on their license
Andrew L. Bennett
Andrew L. Bennett answered on Jan 6, 2020

They will be required to stay at the location the court has approved.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: A off duty cop pulled me over for speeding. Can he cite me or send one in mail? Since one was not given when pulled over
Andrew L. Bennett
Andrew L. Bennett answered on Jan 2, 2020

The answer will depend on if he was in a marked squad car or in full uniform. If was neither in uniform or marked squad then he cannot pull you over and cannot cite you for a traffic infraction.

2 Answers | Asked in Criminal Law and Traffic Tickets for Indiana on
Q: Can I email the judge about an inmate and plead for a bail to be set? Im trying to keep his job safe

He is currently serving for a driving on suspended and missed his first hearing. He helps care for my sons and works with me and I would accept full responsibility for any future court dates/fines he may face.

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

If you email a judge it is very likely the court will not respond or indicate that a non-party is sending correspondence to the court and the court will ignore the email. If you can afford an attorney you should hire one who can advocate for a bond and good resolution to the case. If you cannot... Read more »

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1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: I did the prosecutor gave it back to police for more investigation that they have had 6 months for.

The prosecutor was her lawyer in another case so i feel thats why there hasnt been anything done as well as she has family in police department. What can i do??

Andrew L. Bennett
Andrew L. Bennett answered on Dec 30, 2019

You can try calling the Indiana State Police or the Attorney General.

2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Indiana on
Q: How do I go about pressing charges for a battery case with bodily injury the police arent persuing.

Have medical bills in collection now because of it as well as damaged property. I am being discriminated against by the local police and they are trying to give me the run around.

Andrew L. Bennett
Andrew L. Bennett answered on Dec 30, 2019

You can contact the prosecutors office to see if they will do a citizen intake to discuss the case with you.

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1 Answer | Asked in Criminal Law for Indiana on
Q: 35-45-2-1(a)(2) F6 intimidation same as 7270 but where threat is to commit forcible felony. What does that mean?

Does the 7270 indicate the same victim from a previous case?

Andrew L. Bennett
Andrew L. Bennett answered on Dec 26, 2019

I'm not sure what you mean by 7270.

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