... im being investigated for level 5 felony. Are the laws simular to self defense laws? Considering my children could have been attacked by said dog. He killed 16 chickens that day have video evidence of dog eating my kids pets
It is always important to remember that sites like this are best used for more general legal questions. You don't want to share too many facts that could be used as admissions if charges are later filed.
Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.
The vast majority of warrants are "knock and...View More
Don't talk about the details of our case? In my situation after 3 yrs and 2 attorneys and NEVER HAVE MY QUESTIONS BEEN ANSWERED!! NOT EVEN HERE!! My questions are basically about procedures in a criminal case in ELKHART INDIANA. HOME OF THE WOLVERINES!! #1 in wrongful convictions &... View More
This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial...View More
My husband was charged with a crime and the judge and prosecutor refused to let him show any proof of innocence at all and never once let him speak in court?? He got sentenced to 5 years and he has all the proof including a polygraph test given to him by a private investigator and 11 witness... View More
Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.
There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if...View More
I was at work as a CNA I was told to take care of this one patient in particular because her daughter comes in complaining all the time where as another patient needed more care so I took care of the patient with the complaints and did the rest of my patients at some point I had to pick up a phone... View More
All the State needs to file charges is probable cause that at a particular moment in time you took the phone with the conscious intent of depriving the rightful owner of its use or value. A classic example is someone who gets caught at the door shoplifting. Even though all the items are recovered...View More
If your son was ticketed under I.C. 35-46-1-10.5 for Purchase, acceptance, or possession of tobacco, an e-liquid, or an electronic cigarette by a minor, then it is an infraction and not a criminal offense.
An infraction is punishable only by a fine, much like a standard traffic ticket....View More
In order to get a warrant, law enforcement must show the judge some evidence that demonstrates probable cause that evidence of criminal activity is present at a certain place or that a certain person committed a certain crime and should be arrested. The Probable Cause Affidavit is a sworn statement...View More
For a Level 6 felony, you will need to be formally booked at the jail. If the warrant was withdrawn and bail is OR or set at a fixed amount, then you will likely need to submit to fingerprinting and booking at the jail after which you will either be released on the OR bond or allowed to post the...View More
The owner of the company I work for has not been an active employee for over a year and may or may not still be a part-owner of the company itself. The current management is keeping things pretty close to the vest. The individual was arrested for drug-related charges and I am wondering what legal... View More
In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the...View More
As long as the habitual enhancement applies to the case, there is no statute or other law the requires the State to file that enhancement before the omnibus date. Prosecutors routinely hold back on the habitual filing at first as a bargaining chip during plea negotiations.
My boyfriend was pulled over and arrested for a warrant they searched the vehicle while he was there they found nothing took him to jail search the vehicle again before I arrived and found a handgun now he's being charged with unlawful possession of a firearm by serious violent convicted felon
If there was a valid warrant for your boyfriend's arrest, the officers are allowed to do a search incident to arrest within certain limits. Also, if the vehicle was going to be impounded, they are allowed to do an inventory search. There are many nuances and details associated with search and...View More
With the kids. I broke and let him. Now with me having same job same home for yrs and he had moved 4 times and was engaged twice within a year shows me he is unstable. What are my chances if getting full custody?
There is much confusion about what "custody" actually means.
If there is an active case in Indiana for either Paternity or Divorce, then any party wanting to move out of Indiana is going to have the burden of explaining why that move is in the child's best interests....View More
Dear Attorneys My story IN ELKHART IN starts by a detectives calling me asking about a stolen vehicle that I sold to a gentlemen out of mishawaka. Yes is true the vehicle that I sold was stolen in which I bought from a lady with the title and keys in which it needed mechanical work I thought it... View More
This is an issue that you really need to discuss confidentially with an attorney.
I will say that in criminal matters there is a requirement that the person did the prohibited act with certain level of intent. Usually this intent is "knowingly" or "intentionally." If you...View More
No sentence modification was filed for defendant or by state, 118 actual surved day and 180 awarded for rehabilitation programs in jail completed how do we get it back or reverse the modification after sentencing. The judge originally gave correct actually days in sentencing but 5 days later... View More
It is not clear what you are asking from the question above.
I have yet to find a judge unwilling to give credit for actual time served in the jail. I would recommend you speak with an attorney directly about the calculation of the served time, the good time credit days for this offense,...View More
You are not entitled to an appointed attorney in a divorce. The only time you are legally entitled to court-appointed counsel is when you are facing possible jail time (e.g. contempt of court for not paying child support, criminal cases, etc.).
However, there are several programs like Legal...View More
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