Andrew L. Bennett's answer Her Omnibus hearing in the date that sets the deadline for filing motions and defenses. The judge will ask her what her intentions with the case are and if she plans on hiring an attorney. He/she should give her a little more time to hire an attorney, however will likely set the case for a trial. The judge may also ask if she wants to plead guilty. If this is her first offense she most likely will not go to jail, but she will have a conviction on her record and as well as all the...
Andrew L. Bennett's answer An original arrest warrant is good for six (6) months, however, if the prosecutor chooses to reissue the warrant after being notified it has expired, then the new warrant is valid until it is served or recalled, no matter how many years have elapsed.
Andrew L. Bennett's answer It sounds like someone needs to talk to an attorney about defamation lawsuit. No guarantee it will be successful, but the person won't know until they talk to someone who is familiar with that area of law.
Andrew L. Bennett's answer Your son absolutely can be detained either as a danger to himself of a danger to the community. You should have an attorney to help protect your son's interests. In Indiana he can request a public defender in juvenile court regardless of your income and in most cases in juvenile court the PD will get as good of a resolution as a paid attorney.
Andrew L. Bennett's answer You need to contact a good criminal defense attorney and hire him/her ASAP. If you cannot afford an attorney then you need to request a public defender. Your first hearing is your Initial Hearing where you will be told of the charges and penalties. The judge will also ask how you plead. DO NOT plead guilty, ask for an attorney (PD) or time to hire an attorney.
Andrew L. Bennett's answer Having the warrants recalled (lifted) really depends on the court. However, it is very unlikely a court will recall the warrants without you having an attorney. If you go to the court to ask you will be taken into custody. Hire an attorney who is familiar with the court system where your warrants are and go from there. Also is your driving privilege reinstated or are you still suspended?
Andrew L. Bennett's answer Because the case has been postponed 3 times generally is not a reason for the case the be thrown out. However, if there is a violation of Criminal Rule 4c then it is possible to have the case dismissed.
Andrew L. Bennett's answer If the person is visiting and has no possessory interest in the home and the warrant lists another address then the police cannot force their way in unless they get a new search warrant that lists your address.
Andrew L. Bennett's answer Charges are generally filed within a few days to a few weeks after a person bonds out. However, the State has up to 2 years to file charges on misdemeanors and most felonies up to 5 years to file charges.
Andrew L. Bennett's answer There are many criminal defense attorneys who are well versed in expungements. Use the Find a Lawyer tab at the top of the page to search for a local criminal defense attorney. Keep in mind that expungements are technical and you need to find an attorney who knows the law. Don't be afraid to ask lots of questions.
Andrew L. Bennett's answer If the bond is still available you can use it to help pay for a new attorney. If the previous attorney was awarded the bond and you do not have the money to hire and attorney, then your son needs to request a public defender. Keep in mind that many attorneys do offer payment plans.
Andrew L. Bennett's answer If you can afford to hire an attorney you should do so or request a public defender. Depending on the facts of the case and the amount, an attorney may be able to negotiate an agreement that would keep a conviction off your record.
Andrew L. Bennett's answer In all OWI cases jail is a possibility as the various charges do carry a potential jail sentence. However, if there is a prior case(s) then the law requires either 5 days jail or 10 days jail.
Andrew L. Bennett's answer If it was a misdemeanor offense the State has 2 years from the date of the incident to file charges. If it was a felony the State has 5 years, with some exceptions, to file charges.
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