Questions Answered by Andrew L. Bennett

Q: What steps do I need to take

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 12, 2019
Andrew L. Bennett's answer
You should consider talking to an experienced traffic attorney so you do not make getting a license more difficult or take longer to get valid.

Q: Being charged with lvl 6 habitual traffic violator. The only evidence is I told the officer. I drove.

1 Answer | Asked in Criminal Law for Indiana on
Answered on Jan 8, 2019
Andrew L. Bennett's answer
You need to hire an experience traffic attorney or request a public defender ASAP and not make any more comments to anyone until you do.

Q: my daughter has an ominbus hearing set for 1/18/2019. she doesnt have private attorney. what happens?

2 Answers | Asked in DUI / DWI for Indiana on
Answered on Jan 4, 2019
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...

Q: How much time can u receive in indiana for a first tile leve2 felony. Its for dealing meth

2 Answers | Asked in Criminal Law for Indiana on
Answered on Jan 3, 2019
Andrew L. Bennett's answer
The penalty range is 10-30 years with the advisory sentence at 17 1/2 years. However, if the offense is reduced to a Level 3 or 4 the sentence would be less.

Q: When Indiana issues a arrest warrant how long do they have to arrest you on it or even look for you on it? Same address

1 Answer | Asked in Criminal Law for Indiana on
Answered on Dec 18, 2018
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.

Q: A gal accuses u takin 15000 calls u thief liar 2 evry1 & texts it to many ppl presses charges found not guilty

1 Answer | Asked in Criminal Law and Libel & Slander for Indiana on
Answered on Dec 18, 2018
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.

Q: My son is 10 years old we live in indiana he took a picket knife to school... he is being charged with intimidation with

1 Answer | Asked in Criminal Law for Indiana on
Answered on Dec 13, 2018
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.

Q: Can a no contact order be dropped on a domestic battery charge if the state picked it up?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Dec 10, 2018
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.

Q: Is there any significant penalty for not paying a non-driver seat belt ticket?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Dec 10, 2018
Andrew L. Bennett's answer
The ticket is $25.00 and a non moving violation. However, not paying the ticket can result in a default judgment as well as a Failure to Pay license suspension.

Q: I have to warrants for missing court for driving while suspended they are from 2016 can I get them lifted my job said

1 Answer | Asked in Traffic Tickets and Gaming for Indiana on
Answered on Dec 6, 2018
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?

Q: If your case gets postponed 3 times for conflict of interest should it be thrown out

1 Answer | Asked in Criminal Law for Indiana on
Answered on Nov 19, 2018
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.

Q: If a person that is visiting my home has a warrant, do the police have the legal right to stand by my windows

1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Answered on Nov 7, 2018
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.

Q: After an arrest in Muncie, Indiana and subsequent bail out, how long before charges are brought?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Nov 7, 2018
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.

Q: I plead guilty to a class c felony 14 years ago in Rising Sun Indiana .It is the only legal trouble I have ever been in.

1 Answer | Asked in Criminal Law for Indiana on
Answered on Nov 3, 2018
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.

Q: I bonded my son out of county jail and now the judge has released his attorney and we have no money for attorney

1 Answer | Asked in Criminal Law for Indiana on
Answered on Nov 1, 2018
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.

Q: They charged me for check deception which is a level 6 felony. How can I get it to where I get probation instead of jail

1 Answer | Asked in Criminal Law for Indiana on
Answered on Nov 1, 2018
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.

Q: Do people get jail time for drunk driving or is it just a big fine?

2 Answers | Asked in DUI / DWI for Indiana on
Answered on Nov 1, 2018
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.

Q: I have a check deception charge,MA, from Washington County Indiana from 2008. This is still posted on my record.

1 Answer | Asked in Criminal Law for Indiana on
Answered on Oct 15, 2018
Andrew L. Bennett's answer
With a few exceptions, when a court issues a warrant in a criminal case, the warrants do not expire.

Q: How long does an officer have to file charges against you after being arrested and released (OR) with no court

1 Answer | Asked in Criminal Law for Indiana on
Answered on Oct 15, 2018
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.

Q: Neighbor shot my domesticated cat-says she was trying to get in his baby bunnies cage--Never came and told me this b4

1 Answer | Asked in Criminal Law and Animal / Dog Law for Indiana on
Answered on Oct 9, 2018
Andrew L. Bennett's answer
If the police won't write up a report about the incident or investigate by talking to him, you should call the prosecutors office to see if they would do a citizen intake.

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