Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Paul Stanko
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.

1 Answer | Asked in DUI / DWI for Indiana on
Q: Hi, I was lost and I took my anxiety medication because I was lost and I blew a 0 on multiple breathalyzers.

I had thc In my system. I have prior drinking and I learned my lesson and I think my attorney is not good because he’s in trouble. I don’t feel I should’ve went to hospital I was completely sober. Didn’t smoke marijuana for days. I was just lost and gps wouldn’t work. I need help. I was... Read more »

Paul Stanko
Paul Stanko answered on Apr 30, 2019

If you are charged with operating with any level of controlled substance in your body, sobriety is irrelevant. It is not a defense. You should discuss your concerns with your current attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Do you still have a jury trial if you plead guilty at the first court date?

Looking at 4 felony charges of assault with a deadly weapon in the state of Indiana. First court date is May 20th.

Paul Stanko
Paul Stanko answered on Apr 11, 2019

When you plead guilty, you admit your guilt and waive your right to any trial.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Would my husband and I wrestling over my phone be something that can convict him in Indiana because I had scratches?

This is referring to the question I asked the other day. I want to understand the law on the matter because he shouldn't do time on this. Did the property damage add to the prosecutions case for domestic battery? His attorney is a PD and isn't much help right now.

Paul Stanko
Paul Stanko answered on Apr 10, 2019

All that needs to be proven in a battery case is that the defendant knowingly or intentionally touched the other person in a rude, insolent or angry manner. Whether or not your husband should do time, if the State proves the elements, a conviction is certainly possible.

1 Answer | Asked in Criminal Law for Indiana on
Q: 14 year old Daughter being charge with posession of a electronic cigarette when she only took 1 puff of it,

14 year old Daughter being charge with posession of a electronic cigarette when she only took 1 puff of it on the school bus, it wasn't hers it was another kids. Is that the right charge for her in Indiana?

Paul Stanko
Paul Stanko answered on Apr 9, 2019

If she took a puff on it, she was in possession, at least for that moment.

1 Answer | Asked in Criminal Law for Indiana on
Q: I just met my probation officer. How soon will I be summoned for a random drug test?

I was giving one class for alcohol abuse.

Paul Stanko
Paul Stanko answered on Apr 9, 2019

That can happen any time while you are on probation. You need to stay clean.

1 Answer | Asked in Criminal Law for Indiana on
Q: will Walmart press criminal charges even after they stated they would not

Loss prevention stops my sister at Walmart stated She did not pay for all her I tems no police involved and stated they would not Be pressing criminal charges and handed her a piece of paper stating that She will receive a letter within two weeks and to follow what the letter tells her to do.. will... Read more »

Paul Stanko
Paul Stanko answered on Apr 9, 2019

If police were not called at the time, it is unlikely that charges will be filed.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a habitual be filed on a level 6 theft that was enhanced from a misdemeanor due to a prior theft?

I read on the statues that it cannot but then it also says however it can if the other supporting felonies something or other and I dont understand what its saying. Can u help me? He just did 10 years on a habitual and got out and caught this new theft case. It was a misd. But it was enhanced. Also... Read more »

Paul Stanko
Paul Stanko answered on Apr 9, 2019

Calculating habitual enhancements can be complicated. What is needed is details of the current offense date, the dates of the prior offenses and judgments, and the charging information. Take all of this data to a defense attorney to get an opinion on whether this is an impermissible double... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Do charges for invasion of privacy violating a NCO stand, the seperate case ordering the nco is dismissed and terminated

Different cases

Paul Stanko
Paul Stanko answered on Apr 9, 2019

If the NCO was valid and in effect at the time of the new offense, then having the underlying NCO terminated later has no impact on the later charge.

1 Answer | Asked in Criminal Law for Indiana on
Q: How long can you be held in jail on misdemeanor bench warrant before seeing a judge?

My son was arrested for driving without a license, he's already served 6days and put up a 300 dollar bond, he missed his last court date and was arrested on a bench warrant. He been in jail for 6 more days and has yet to see a judge and has no bail

Paul Stanko
Paul Stanko answered on Apr 9, 2019

It is common to be held without bond on a bench warrant for failure to appear.

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.