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Questions Answered by Andrew L. Bennett
1 Answer | Asked in Traffic Tickets for Indiana on
Q: If I drive for work, would I still have to wait 30 days before i could get my restricted driving privileges?

I am not able to carry a suspended license for 30 days before getting the hardship license. I can find a ride to and from Work if need be. I am getting suspended for failure to carry insurance. I drive a company vehicle at work and am insured under my employer while on the job. Would I still have... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 11, 2019

You should consult with a local attorney who can look at your driving record to determine what is the best course of action. However, just because your employers insurance covers you on the job, does not mean you can drive at work. The policy most likely requires you to have a valid license which... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Will Alabama extradite back to Indiana for felony charges?

My boyfriend has a probation warrant for felony intimidation on an officer when he left court ordered drug treatment. Will entry into another facility possibly keep him out of jail and if he was almost complete when he left treatment on a 4 month sentence modified for release to rehab, how much... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 11, 2019

There is not enough information to accurately answer your question. It will depend on the original sentence and any modifications to determine the amount of time he may serve in jail/DOC. Also it will be up to the prosecutor to determine if they want to go through the extradition process from... Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: What are the legal implications of carrying prescriptions (SSRIs & anticonvulsants) in a pill box for daily use in IN?
Andrew L. Bennett
Andrew L. Bennett answered on Nov 11, 2019

The law requires the pills to be in a labeled bottle showing the drug and to whom it belongs. If you have contact with police and they discover the pills in a generic pill box you could be charged with possession. Though the case most likely would be dismissed upon showing of a valid... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: The fayette county prosecutor isnt doing what she said&now refuses the plea deal that SHE made. I have PROOF in a record

Ing my husband made,thank God! What should i do? PLEASE HELP ME

Andrew L. Bennett
Andrew L. Bennett answered on Nov 5, 2019

Have you spoken with a local attorney to represent you? You may want to bring it up to the judge, but the prosecutor can withdraw a plea offer.

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2 Answers | Asked in Criminal Law for Indiana on
Q: Can I have a bond revoked just because I don't want my name on there anymore

I just don't want my name on there bond anymore

Andrew L. Bennett
Andrew L. Bennett answered on Nov 4, 2019

Once a bond has been posted, if it is a cash bond, the money becomes the property of the defendant being held in trust.

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2 Answers | Asked in Criminal Law for Indiana on
Q: My case was dismissed under I.C. 35-33-7-1. 35 days later I have a warrant.
Andrew L. Bennett
Andrew L. Bennett answered on Nov 4, 2019

That code does not allow for a case to be dismissed. However, if you were arrested and posted a bond, but the charges were not filed within the time frame of the code, but charges were later filed it is possible the State would ask for a warrant, though they should have requested a summons. You... Read more »

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2 Answers | Asked in DUI / DWI for Indiana on
Q: How do you speed up the process on getting charged or dismissed for a DUI?

I was arrested for a DUI in Indiana Oct 4 around 3am. I was taken to the station and released on bail for 2500 on Oct 5 at 3pm. The officers let me know that I should wait a couple of weeks for a court date. It has been approximately 5 weeks and I haven't received any charges. I'm not sure what to... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 4, 2019

The prosecutor has up to 2 years to file misdemeanor charges. If the case is not good, forcing the prosecutors hand early could result in charges getting filed rather than kept on the back burner. Also even if the case was dismissed, an expungement cannot be filed for a minimum of one year. If... Read more »

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1 Answer | Asked in Traffic Tickets for Indiana on
Q: If the seat belt ticket I was issued has wrong date on it am I liable to pay it? What if I don't?
Andrew L. Bennett
Andrew L. Bennett answered on Oct 19, 2019

If you don't pay the ticket the court will likely enter a default judgment as well as suspend your license.

1 Answer | Asked in Criminal Law for Indiana on
Q: Who do I report for criminal mischief and theft on property we rent?

Do I report it to home owner or police? I know who broke window,& stole our ramps. Do I tell home owner or police?

Andrew L. Bennett
Andrew L. Bennett answered on Oct 17, 2019

The wise decision would be to call the police to report the crime so they may investigate and also call the home owner so they can address the damage and repairs.

1 Answer | Asked in Criminal Law for Indiana on
Q: What is a typical punishment for a first time offender pleading guilty to 35-43-4-2(a)/MA: Theft
Andrew L. Bennett
Andrew L. Bennett answered on Oct 11, 2019

It is difficult to answer that without more information. It will depend on the local practices of the prosecutors office and the particular court. However, if the person has no criminal history it is not likely they would go jail. Additionally, if this is their first offense they should consider... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Got a speeding ticket and didn’t have my proof of insurance on me, the officer added no DLN and wrong DOB on ticket?

What should I do?

Andrew L. Bennett
Andrew L. Bennett answered on Oct 10, 2019

You can see if the Prosecutors Office is willing to negotiate the case with you. If you pay the ticket it will likely increase your insurance rates therefore, if the prosecutors office is not willing to negotiate with you, consider hiring an attorney.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got a speeding ticket 72 in a 55 . Wen I went online to see the balance The info he type in was incorrect.

He enter my personal info incorrect and my race is enter incorrect . Can this ticket get dismissed if the info he enter in the database incorrect.

Andrew L. Bennett
Andrew L. Bennett answered on Oct 10, 2019

How much of the information is incorrect? Generally, the State can correct the scriveners errors at any time so its not likely it will be dismissed. However, if the ticket is more wrong than correct, you may find a sympathetic prosecutor to agree to dismiss or defer. Call the prosecutors office... Read more »

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for Indiana on
Q: Are biker groups rides for a cause allowed to to run red lites as w funeral processions? In Indiana?
Andrew L. Bennett
Andrew L. Bennett answered on Oct 6, 2019

The short answer is no, however, if prior arrangements are made with the city or town to have a police escort then most likely it would be yes.

1 Answer | Asked in Criminal Law for Indiana on
Q: Level 6 and 5. Misdemeanor b same case no. Looking for 1 to 1 1/2 years mcc home detention and some probation. Possible?
Andrew L. Bennett
Andrew L. Bennett answered on Oct 6, 2019

Would need much more information than what you have provided to even attempt an answer. It will depend on the specifics of the charges, if a victim is involved, criminal history, etc.

2 Answers | Asked in Criminal Law, Immigration Law and Domestic Violence for Indiana on
Q: How can I without getting in trouble help defendant not be found guilty for DV after I reported it.

Bf is charged with level 5 felony Domestic battery against pregnant women. I realize he could be deported and I do not want that. How can I help so that he is found not guilty?

Andrew L. Bennett
Andrew L. Bennett answered on Oct 3, 2019

Your boyfriend needs an attorney, if he doesn't already have one. Additionally, you may need a separate attorney to advise you on the potential consequences for False Informing if you recant your report to the police.

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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: My boyfriend is charged with DV and strangulation against pregnant women level 5 felony.

He is not a US citizen. Victim does not want to worsen his case and wants to work relationship .If found not guilty is he still deportable? or if he accepts Plea bargaining will he still be deported?

Andrew L. Bennett
Andrew L. Bennett answered on Oct 2, 2019

If there is a conviction regardless if by plea or by trial, he would be deportable. If the case is dismissed or found not guilty, deportation is very unlikely.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: I filed a report against my boyfriend who is 19 for abuse they charged him with domestic battery against pregnant women.

There is a no contact order issue. He is not a US citizen. I am pregnant and he is the father of the baby. I want his charges to be dismissed.

Andrew L. Bennett
Andrew L. Bennett answered on Oct 1, 2019

The filing of the charges and the continued prosecution of those charges is completely the prosecutors choice. Victims Assistance from the Prosecutors Office should have contact with you where you can advise them of your position, however, it will still be the prosecutors decision to move forward... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: My case been going on since 2014 all they do is continue it. I agreed to do probation but still nothing... what can i do

I moved out of town for work.. After a year I moved back to Indianapolis just to handle the case and be done.. Ive had the same judge he didn't even like my public defender because she never show for court or come at the end.. I go to court every weds just to get continued. I'm tired and want this... Read more »

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

If your PD is not moving your case, you can either request a new PD or hire your own attorney who should be able to get is done.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Indiana on
Q: Is it required for police to leave a receipt of items removed from a home during a search warrant?

Both occupants were home when warrant was served for specific items to be obtained, but only one of the two received a copy. 11 days have passed and still no knowledge of what was removed from the home, but two specific items missing from home had nothing to do with the investigation. Feels as... Read more »

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

The Search Warrant should have a case number at the Clerks Office, the police would also file a Return of Search Warrant detailing the items removed. The return is to be filed in the same case as the search warrant

1 Answer | Asked in Traffic Tickets for Indiana on
Q: if I do not go to court for throwing a lit cigarette out of a car from the passenger side of a vehicle what will happen
Andrew L. Bennett
Andrew L. Bennett answered on Sep 27, 2019

It depends on the policy & practice of the Court. Most likely a Failure To Appear will be entered and a suspension notice sent to the BMV. Also the Court could enter a default judgement giving you time to pay and if not paid within the time frame, send a notice to the BMV to suspend your license.

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