Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Paul Stanko
1 Answer | Asked in Criminal Law for Indiana on
Q: My probation officer told me to report to jail... What happens if i dont show up..but put muself in rehab instead
Paul Stanko
Paul Stanko answered on Apr 3, 2020

You don't get to choose what you do on probation. If you don't do what the Court tells you to do (and the probation officer is acting on behalf of the Court), you can expect problems.

1 Answer | Asked in Criminal Law for Indiana on
Q: What does it mean if the judge issues a warrant and set it is not to be rescinded even though my lawyers filing the pape

What does it mean if a judge issues a warrant and said it is not to be rescinded does that mean there is no way that I can get my lawyer to rescind it even though the prosecutor has agreed to

Paul Stanko
Paul Stanko answered on Apr 3, 2020

Just because the lawyers agree to something doesn't mean a judge has to go along. Judges have considerable discretion.

1 Answer | Asked in Criminal Law for Indiana on
Q: What does it mean if a judge issued a warrant for my arrest and set it is not to be rescinded does that mean it doesn't
Paul Stanko
Paul Stanko answered on Apr 3, 2020

That means that the judge is not wanting the warrant to be recalled before service.

1 Answer | Asked in Criminal Law for Indiana on
Q: Is it legal for a judge to sentence me on a b misdemeanor and give me a 1yr and the max sentence is a 180 days
Paul Stanko
Paul Stanko answered on Apr 3, 2020

No. An executed sentence cannot exceed the statutory maximum.

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Q: Can I be evicted if someone starts an argument with me?

So today these new neighbors in my apartment complex decided to let their son like 6 or 7 pee next to my car and not only that but in front of my 7 year old daughter who already has issues and I told the mom hey can you please not let him do that by my car or in front of my child and she then... Read more »

Paul Stanko
Paul Stanko answered on Apr 3, 2020

This is not a criminal law question.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: Can a pro se litigant in a criminal case initiate communication with the prosecutor for the sake of plea bargaining?

I e-filed an appearance for my own behalf. I was arrested on my 3rd marijuana possession in Indiana; class A misdemeanor. I filed 2 motions; one for stand-by counsel and the other to have my bond returned to pay for my defense. The bond request was denied but there is a hearing set for the... Read more »

Paul Stanko
Paul Stanko answered on Apr 3, 2020

Yes. Just make sure to tell the prosecutor you are pro se.

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.

Paul Stanko
Paul Stanko answered on Apr 3, 2020

Your executed sentence cannot exceed 180 days, but you can be placed on probation for up to a year.

View More Answers

2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for Indiana on
Q: I had a wreck in November due to a seizure. I was put in the ambulance and refused treatment

Because I knew I had a seizure.A deputy then put me in cuffs and took me to the hospital to see if a doctor could tell if I had a seizure the dr could not verify if I had one then the officer had me do blood test. I just received papers saying I have to go to court in March for a class c... Read more »

Paul Stanko
Paul Stanko answered on Mar 3, 2020

You will need a criminal defense lawyer. Any amount of controlled substance in your body is illegal. Find a lawyer here on Justia who practices in that county.

View More Answers

1 Answer | Asked in Criminal Law for Indiana on
Q: Any lawyers in South bend Indiana that accept payment plans!?

Misdemeanor

Paul Stanko
Paul Stanko answered on Jan 2, 2020

I do, contact me with details.

1 Answer | Asked in Criminal Law for Indiana on
Q: What does this mean Once a bond has been posted, if it is a cash bond, the money becomes the property of the defendant

Once a bond has been posted, if it is a cash bond, the money becomes the property of the defendant being held in trust

Paul Stanko
Paul Stanko answered on Nov 10, 2019

Courts don't get involved in disputes between persons posting cash bonds and the defendants for whom the bonds are posted. Anyone posting a cash bond on behalf of a defendant must understand that the court will consider that cash an asset of the defendant that can be used to pay fines, court... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: The fayette county prosecutor isnt doing what she said&now refuses the plea deal that SHE made. I have PROOF in a record

Ing my husband made,thank God! What should i do? PLEASE HELP ME

Paul Stanko
Paul Stanko answered on Nov 6, 2019

All plea agreements have to either be in writing or stated on the record. A prosecutor can withdraw an offer at any time until it is accepted.

View More Answers

2 Answers | Asked in Criminal Law for Indiana on
Q: Can I have a bond revoked just because I don't want my name on there anymore

I just don't want my name on there bond anymore

Paul Stanko
Paul Stanko answered on Nov 4, 2019

The short answer is no. Only the court can revoke the bond.

View More Answers

2 Answers | Asked in Criminal Law for Indiana on
Q: My case was dismissed under I.C. 35-33-7-1. 35 days later I have a warrant.
Paul Stanko
Paul Stanko answered on Nov 4, 2019

I would need more information to assist you. If you can provide a cause number or your name and date of birth (privately), I can look up your case. Do not post private information on the site.

View More Answers

2 Answers | Asked in DUI / DWI for Indiana on
Q: How do you speed up the process on getting charged or dismissed for a DUI?

I was arrested for a DUI in Indiana Oct 4 around 3am. I was taken to the station and released on bail for 2500 on Oct 5 at 3pm. The officers let me know that I should wait a couple of weeks for a court date. It has been approximately 5 weeks and I haven't received any charges. I'm not sure what to... Read more »

Paul Stanko
Paul Stanko answered on Nov 4, 2019

This question comes up fairly often. There is no benefit to speeding up the process of filing of charges. Although it rarely happens, sometimes paperwork DOES get lost in the system. In that unlikely event, the prosecutor's case will never get better with age. If you contact me privately with... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a confidential informant in the state of indiana do drugs
Paul Stanko
Paul Stanko answered on Oct 20, 2019

I would speculate that nearly all confidential informants are drug users. Otherwise, they would not be involved in the business of setting up supposed dealers.

There is no code of ethics or behavior for snitches.

2 Answers | Asked in Criminal Law and Federal Crimes for Indiana on
Q: I would like to know if I have a case on my hands. I was arrested for Auto Theft in Sep. 17, 2019 between 5-6pm.

I was told I was in video with my boyfriend and another male commuting this crime. The detective who file for the warrant came to my house previously and I told him I did not do this crime and I was willing to give any evidence to prove this to be true I had an alibi. The detective accused me of... Read more »

Paul Stanko
Paul Stanko answered on Oct 13, 2019

You need an experienced criminal defense lawyer. If you were questioned by police, you more than likely made incriminating statements that will be held against you.

View More Answers

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on
Q: If a law officer runs your plates and the registration comes back correct but the paint color is different

Is this grounds to pull you over

Paul Stanko
Paul Stanko answered on Oct 8, 2019

Yes. I had this exact issue arise in an Elkhart County drug case.

3 Answers | Asked in Criminal Law for Indiana on
Q: The police want to question my son in connect with a shooting that happens in Gary,IN

People are telling the police he did it or know who did. But my son says he wasn’t there when it happened

Paul Stanko
Paul Stanko answered on Jul 24, 2019

He must not give any statements to police.

Police are trained to obtain confessions.

View More Answers

2 Answers | Asked in DUI / DWI for Indiana on
Q: I got a dui,I was not the driver cop walked up and we where out of the car he ask who drov she had key and pointed at me

We where both Intoxicated but I did not drive her boyfriend also said she got out of passanger side witch that’s a lie cop never seen who drove but I went to jail bc it was my car and they said it was me I told the cops it wasnt

Paul Stanko
Paul Stanko answered on Apr 30, 2019

You haven't asked a question. The judge or jury will have to decide whether they believe you or the other witnesses if this goes to trial.

View More Answers

1 Answer | Asked in DUI / DWI for Indiana on
Q: Can i take my case back to court for early home detention dismissal
Paul Stanko
Paul Stanko answered on Apr 30, 2019

Your question does not contain enough facts to facilitate an answer. If your sentence was agreed to as part of a plea agreement, it can only be modified by agreement of all parties and approval by the court.

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.