Questions Answered by Paul Stanko

Q: Can you actually be cited if you were just sleep deprived and not drunk?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Jan 4, 2019
Paul Stanko's answer
Yes. Charges are filed based upon probable cause. If the case goes to trial, the State will have to prove its case beyond a reasonable doubt. If the defendant was neither intoxicated nor had alcohol or a controlled substance in the body in violation of the per se statute, that would be a defense. An experienced OWI defense attorney is needed to adequately defend this case.

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
Paul Stanko's answer
Eventually, the court will want to set a trial date unless she negotiates a plea agreement with the prosecutor. It is essential that she have legal representation if she wants a favorable outcome.

Q: My friend is being charged with f5 intimidation, is it likely she'll have to serve time

1 Answer | Asked in Criminal Law for Indiana on
Answered on Dec 30, 2018
Paul Stanko's answer
The range of penalties for a Level 5 felony is 1-6 years in prison. If convicted, she is facing significant jail time.

Q: what will happen for possession of marijuana and paraphernalia

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Civil Rights for Indiana on
Answered on Dec 30, 2018
Paul Stanko's answer
The marijuana charge is a misdemeanor. You can't just pay the ticket. Get a lawyer--you may be eligible for a diversion.

Q: What happens when you get violated on probation while currently incarcerated?

1 Answer | Asked in Criminal Law and Probate for Indiana on
Answered on Dec 30, 2018
Paul Stanko's answer
The judge can impose a number of sanctions on a PTR, including imposing the entire suspended sentence. That is up to the court.

Q: Does anyone know if a class A misdemeanor (conversion) hold up to jail time on a first offense

1 Answer | Asked in Criminal Law for Indiana on
Answered on Dec 30, 2018
Paul Stanko's answer
The possible sentence is up to 1 year.

Q: Can a prosecutor stop a defendant from reviewing his discovery without violating due process?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Dec 12, 2018
Paul Stanko's answer
Probably not. It is possible for the prosecutor to redact the discovery to exclude information that would endanger witnesses, such as addresses and phone numbers. Any evidence the prosecutor intends to rely upon at trial should be disclosed, as well as any exculpatory evidence that could be of use to you.

Q: Is it illegal for a 24 year old to date a 16 year old in Indiana

1 Answer | Asked in Criminal Law and Juvenile Law for Indiana on
Answered on Nov 29, 2018
Paul Stanko's answer
16 is the age of consent, so "dating" is not illegal per se. Contributing to deliquency is an entirely different matter. That, of course, would be illegal.

Q: If a police officer lied on the probable cause and it is proven is the rest of the probable cause credible?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Nov 15, 2018
Paul Stanko's answer
Credibility is a judgement call, but proving that an affiant lied under oath (committed perjury) should certainly cause skepticism with that person's other statements.

Q: If someone issued threats via text or messenger, and then invited you to meet them for mutual combat, and you went

1 Answer | Asked in Criminal Law for Indiana on
Answered on Nov 11, 2018
Paul Stanko's answer
Entrapment is an affirmative defense against state actors (like police). It doesn't apply to private individuals.

Q: What does initial placement in work release mean?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Oct 30, 2018
Paul Stanko's answer
It means that the defendant will be ordered to serve the sentence through Lake County Community Corrections work release program upon sentencing and commitment by the court. It may be possible that the initial placement could be modified to something less strict (home detention, day reporting) if the defendant earns it, or the placement could modifed to a more secure facility if he violates LCCC rules.

Q: Can I still get a DUI if my BAC is under the legal limit?

2 Answers | Asked in DUI / DWI for Indiana on
Answered on Sep 6, 2017
Paul Stanko's answer
Yes. Operating while intoxicated does not depend upon a specific alcohol concentration.

Q: What does amended appearance mean

1 Answer | Asked in Criminal Law for Indiana on
Answered on Aug 31, 2017
Paul Stanko's answer
An Appearance Form is a standard form filed with a court to provide attorney contact information (name, address, telephone, email address, etc.) in a given case. If any of that information changes, an attorney would file an amended appearance.

Q: Why can my husband get his transcript or discovery for the courts.

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Answered on Aug 25, 2017
Paul Stanko's answer
If you file an appeal or PCR and want your transcripts, etc., some arrangement must be made for payment. Your husband should have a lawyer who can answer these questions.

Q: I was arrested for OWI (DUI) in Indiana, my license is Ilinois. I am released. Whats the first thing I should do ?

2 Answers | Asked in DUI / DWI for Indiana on
Answered on Jul 25, 2017
Paul Stanko's answer
You need an Indiana DUI lawyer. First, some basics: You are not suspended or revoked unless and until Illinois does so. The Indiana court has personal jurisdiction over you, but has NO jurisdiction over your Illinois driving privileges. That is the good news. The BAD news is that any "DUI" (as Illinois calls it) conviction in any state WILL result in a revocation of your Illinois drivers license.

Q: Prosecutor wants a statement but I'm trying to get him to drop charges against my bf for domestic battery

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Jul 10, 2017
Paul Stanko's answer
Once you got the police involved, the prosecutor was also likely to be involved. It is not your call whether charges are dismissed. That is entirely up to the prosecutor. If you DO make a statement, you may want to retain an attorney first. Depending on circumstances, you could be facing perjury or false informing charges.

Q: Can I change a verbal statement without incriminating myself?

1 Answer | Asked in Criminal Law and Juvenile Law for Indiana on
Answered on Jun 21, 2017
Paul Stanko's answer
It is unlikely that the prosecutor is basing such charges on just your hearsay statements. You never should have given irrelevant statements at the scene to begin with, but that is all water under the bridge. To protect yourself, consult a criminal defense attorney to make sure you are not facing possible criminal charges yourself. DO NOT, EVER, talk to a prosecutor without speaking to defense counsel first!

Q: My abuser got charged with domestic battery in front of a minor I went back will this hinder me and will they ask why

1 Answer | Asked in Criminal Law for Indiana on
Answered on Jun 20, 2017
Paul Stanko's answer
I already answered this question in a different form, but any decent defense attorney will absolutely ask why you would go back to an abuser.

Q: Will I get asked why I went back to my abuser during trial after the domestic charge and will it hinder the case

1 Answer | Asked in Criminal Law for Indiana on
Answered on Jun 20, 2017
Paul Stanko's answer
Any good defense attorney will ask why you went back to your alleged "abuser". Whether it will hinder the case is yet to be seen, but it certainly doesn't help it. It will make the prosecutor's job more challenging, for sure.

I started out as a prosecutor, and I have been there!

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