Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Mike Cunningham
3 Answers | Asked in Criminal Law for Indiana on
Q: I was accepted to work release but w covid-19 they aren't taking people I was told to report to jail what can I ask

The judge for because I'm a single sole provider of two kids and also a essential worker...i was granted an extension but are not allowed any more but that was before covid-19 anything I could ask the judge for during this pandemic

Mike Cunningham
Mike Cunningham answered on Apr 19, 2020

You should consult with a criminal defense attorney as soon as possible. He/she can go over your options and can possibly file motions on your behalf to make sure that you can complete your sentence in a way that you originally bargained for. Depending on the terms of your plea or sentencing order,... Read more »

View More Answers

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Covid-19 early release. How do I go about doing this before it is to late?

He is a non violent offender with under a year of time left. His name is Jamie Wacasey and he was arrested and charged with driving while suspended. He was traveling to walmart for children's tylenol when he was arrested. We are all very worried about him and this virus rapidly spreading... Read more »

Mike Cunningham
Mike Cunningham answered on Apr 17, 2020

Sorry to hear about this. You should consult with a criminal defense attorney as soon as possible to consider his options. There are motions that can be filed on his behalf to try and get him relief during this scary time. Good luck!

View More Answers

2 Answers | Asked in Traffic Tickets for Indiana on
Q: What is ic 9-41-5-2a
Mike Cunningham
Mike Cunningham answered on Apr 12, 2020

Under Indiana law, “IC” stands for Indiana Code, and the following numbers are the Title- Article - Chapter - and section of the code that states a particular law. Title 9 outlines laws and penalties for most driving offenses. However, IC 9-41-5-2(a) does not exist, as the articles under Title... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Indiana on
Q: What are the possible outcomes for a first time offense of a charge for paraphernalia and possession?

They also didn't give me a free phone call like they said they would 5 different times

Mike Cunningham
Mike Cunningham answered on Apr 9, 2020

Generally speaking, if you do not have a prior unrelated conviction for possession of paraphernalia, the charge is a Class C Misdemeanor, which carries a potential penalty of up to 60 days in jail (or up to one year on probation).

The possession question depends upon the substance...
Read more »

2 Answers | Asked in Criminal Law for Indiana on
Q: In marion county can the judge sentence me on a class b misdemeanor and sentenced me to a year. Probation and the max

Sentence is a 180 days can they do that.

Mike Cunningham
Mike Cunningham answered on Mar 27, 2020

Under Indiana Code 35-50-3-1(b), a court may place a person on probation "for a fixed period of not more than one (1) year, notwithstanding the maximum term of imprisonment for the misdemeanor[.]"

Therefore, while you may have been convicted of a Class B Misdemeanor, which...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Indiana on
Q: Lvl 2 burglary and lvl 6 criminal wrecklessness! How long do they have to take it to trial

My boyfriend is currently in prison and just got the two charges mentioned above and he wants to know how long they have to take him to trial and why the case worker on his dorm said that he has no detainers.

Mike Cunningham
Mike Cunningham answered on Mar 24, 2020

Generally, under Indiana law, a person must be brought to trial within a period of one (1) year or the case must be dismissed. There are exceptions to this rule (such as continuances filed on behalf of Defendant, or Court congestion, among other things). A person who is incarcerated, and files a... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Indiana on
Q: Is it illegal to record someone on their property?

I have a restraining order on my daughters father do to him molesting her.. still in court over that atm. His family came by my home today (his mom, sister and dad) and started recording me, asking me to see my daughter I was of course notably upset and crying. They continued to record me and... Read more »

Mike Cunningham
Mike Cunningham answered on Mar 24, 2020

If there is a protective order in place, then any direct or indirect contact with you or your daughter (depending upon whom the protective order covers) would be a violation of that order. If these things are occurring, you should contact police.

1 Answer | Asked in Criminal Law for Indiana on
Q: I'm court approved to serve out my sentencing in a rehabilitation facility, can I leave when my sentencing is over with?
Mike Cunningham
Mike Cunningham answered on Mar 24, 2020

This depends on what the Sentencing Order says. If the Sentencing Order states, for example, that you must return to the jail after you have completed your rehabilitation services then you may not simply leave after you are finished with your time at the facility. It is best to consult with an... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Indiana on
Q: if a person was being threatened and verbally abused in or around a public setting could they be charged? and if so what
Mike Cunningham
Mike Cunningham answered on Mar 24, 2020

A person may charged with disorderly conduct under Indiana Law if the person recklessly, knowingly, or intentionally:

(1) engages in fighting or in tumultuous conduct; or (2) makes unreasonable noise and continues to do so after being asked to stop.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.