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Questions Answered by Paul Stanko
1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Legal Malpractice for Indiana on
Q: I have a warrant. My lawyer didn’t appear in court after telling me the day before I didn’t have to go. What do I do?

I can’t get ahold of my attorney. Clark County Indiana

Paul Stanko
Paul Stanko answered on Sep 4, 2020

What county did this happen in?

1 Answer | Asked in Criminal Law for Indiana on
Q: My pub def has not answered any call or message for six weeks. Can I request a new one?
Paul Stanko
Paul Stanko answered on Aug 27, 2020

Unless you have an urgent situation or a hearing in the near future, you should not be alarmed. Especially in the current pandemic, public defenders are swamped with cases (fewer people are working) and also having to deal with the same crisis management as everyone else in the court system. You... Read more »

3 Answers | Asked in DUI / DWI, Criminal Law and Traffic Tickets for Indiana on
Q: For prior offense DUI is it dated from date of conviction or date of last occurrence?

I have a pending DUI charge and IC 9-30-5-3 has recently changed. Prior occurrence has changed from 5 years to 7 years. My first DUI occurred November of 2012 but was not decided until April of 2013. My pending charge occurred on 02/05/2020. So because of this change my charge is somewhere in... Read more »

Paul Stanko
Paul Stanko answered on Jun 4, 2020

The calculation goes from date of CONVICTION of the earlier case to date of OCCURRENCE of the newer case. The Level 6 charge is appropriate. If you need more questions answered, you can contact attorneys privately through this site---you should not post details about your case in "Ask a Lawyer".

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1 Answer | Asked in Criminal Law for Indiana on
Q: Who do I contact to move court dates

My boyfriend is currently incarcerated in Carroll county jail and will be released Wednesday of next week. He has an initial hearing for another case in tippecanoe county on Monday. They are currently not transporting due to covid and the courthouse is closed so he cannot get ahold of them at all... Read more »

Paul Stanko
Paul Stanko answered on May 15, 2020

Contact me privately. An attorney can efile a Motion to Continue so that he does not fail to appear. I accept criminal cases in Tippecanoe County and can help.

3 Answers | Asked in Immigration Law and Criminal Law for Indiana on
Q: What kind of lawyers to hire? Does it violate my visa status?

I was arrested for domestic battery in Indiana. I am F1-student. I don't think i did anything that would hurt her and even if it did it was unintentional. I was not charged at the moment. University has not taken any action yet, but I am hearing they will. Does it violate my visa status? I... Read more »

Paul Stanko
Paul Stanko answered on May 1, 2020

The sooner you retain a criminal defense lawyer, the better. You may also wish to consult an immigration lawyer at some point, but you should confront the criminal issue immediately. You may contact me privately if you wish to discuss details.

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1 Answer | Asked in Communications Law and Internet Law for Indiana on
Q: Can Community Corrections keep me on Corrections because I still owe a balance

Plead guilty in 2019 was sentenced to 15 actual months with an out date of April 12th 2020. Can Community Corrections keep me on Corrections because I still owe a balance past the date of April 12th

Paul Stanko
Paul Stanko answered on Apr 19, 2020

You can't be kept in custody past the end of your sentence. The court can enter a judgment against you, or perhaps hold you in contempt.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Mobile home abandoned on my property. I don't have address for owner. I want to post letter on front of mobile home.

Want to put name and address. Description of mobile home. Year make and model. The mobile home was abandoned on certain date. And has been left on my property with out my permission.Have 60 days to remove from my property. I live in Indiana. If no response after the 60 days. Do I have to have an... Read more »

Paul Stanko
Paul Stanko answered on Apr 19, 2020

If a piece of personal property is abandoned on your real property, you can dispose of it as you please.

1 Answer | Asked in Traffic Tickets and Car Accidents for Indiana on
Q: Do I have to come back to florida from Indiana to pay my tickets? The officer told me no there are ticket clinics to pay

Got in an accident in florida on spring break, got a ticket for leaving scene and careless driving. The officer told me there are ticket clinics I won’t have to come back to florida to pay! My ticket has a court date on it. What do I do?

Paul Stanko
Paul Stanko answered on Apr 19, 2020

There should be contact information for the court clerk on the ticket. Although clerks cannot give legal advice, they can inform you of procedures. Since this is a Florida issue, direct future inquiries towards Florida attorneys.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I offer my tenants a free month or reduced rent for a month due to COVID, will that put me at risk leagally somehow?

We are in a position to be generous during difficult times, but I don't want that to set a precedent that allowances would continually be offered or expected by tenants.

Paul Stanko
Paul Stanko answered on Apr 19, 2020

Nobody can force you to be charitable. Just put everything in writing, be specific, and have all parties sign.

1 Answer | Asked in Domestic Violence for Indiana on
Q: my boyfriend has been arrested for DV and our daughter was present. This was so out of character

I was injured and my daughter was trying to stop him. She attempted to call for help but he smashed her tablet. He was severely intoxicated and I know this isn’t like him and I just want him to be able to have a standing chance because he’s been charged with a level 6 felony. What can I do?... Read more »

Paul Stanko
Paul Stanko answered on Apr 19, 2020

Voluntary intoxication is not a defense in Indiana. He needs an experienced criminal defense lawyer.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Securities Law for Indiana on
Q: can my landloard record audio out side my front door with out my consent im in bluffton IN
Paul Stanko
Paul Stanko answered on Apr 19, 2020

Basically, a person can record anything that he or she was privileged to hear in the first place. If the landlord was in a place he was entitled to be, he can record whatever he was entitled to hear.

1 Answer | Asked in Domestic Violence and Family Law for Indiana on
Q: Domestic

My boyfriend was currently on house arrest, me and him had a argument and I over exaggerated the details of the fight to the police Our two children were present but asleep he was taken to our city jail and held for 48hours. I decided against pressing charges. Upon his release his case worker... Read more »

Paul Stanko
Paul Stanko answered on Apr 19, 2020

You have no control over whether the prosecutor files charges. If you want to clarify the facts with the prosecutor before charges are filed, that might have an impact.

1 Answer | Asked in Criminal Law for Indiana on
Q: I was accepted to work release program, but they are not accepting people due to corona. Can I ask for stay of execution

Probation is not accepting people at this time work release isn't along with house arrest I asked for an extension but would not be granted anymore and I am essential worker right now and I've had this job for 4 years. I also have two children one is 4 and the other 11 and I am the sole... Read more »

Paul Stanko
Paul Stanko answered on Apr 19, 2020

Courts all over Indiana are suspending non-essential hearings and continuing cases due to the pandemic. Contact the court in writing if you are unrepresented, or through your attorney if you have one.

1 Answer | Asked in Animal / Dog Law for Indiana on
Q: Should I call someone if I suspect animal abuse?

I live in a shared homes area, and I've been told by the people that share a home with this one person have heard him yell and throw his dog at the wall, which is then followed by yelps from the dog. I've also seen the dog being carried in ways that could hurt him. The owner also lets the... Read more »

Paul Stanko
Paul Stanko answered on Apr 19, 2020

Contact the police immediately. Abuse or neglect of a vertebrate animal is a crime! Also contact your local humane society or animal shelter.

1 Answer | Asked in Family Law for Indiana on
Q: Can I move out 18 even if I’m still in school
Paul Stanko
Paul Stanko answered on Apr 19, 2020

You are an adult at 18.

1 Answer | Asked in Business Law for Indiana on
Q: I am being fired from my job on April 17th. They say its because of a merger that happened over a year ago.

I believe it is because we are not busy now because of covid 19 and need less ppl now. They will not let me collect the extra 600 from the government this way.

Paul Stanko
Paul Stanko answered on Apr 19, 2020

Indiana is an employment at will state. Generally speaking, you can be let go without cause. You should consult an employment lawyer to see if there is an exception in your case.

1 Answer | Asked in Civil Litigation for Indiana on
Q: Can I still travel from Indiana to Ohio right now

I want to know if I can travel from Indiana to Ohio under the stay at home orders

Paul Stanko
Paul Stanko answered on Apr 19, 2020

If you read the Governor's order, there are many exceptions to the general order. Some police agencies in some counties are enforcing it more strictly than others, but the police still don't have the right to pull you over for no reason at all. So, the short answer is "yes",... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Tenant died and his daughter moved in and won’t leave. Claiming she can’t be evicted because of Covid-19.

My tenant died in the middle of a 12 month lease. I went to clean up the apartment and his daughter was there and stated that she’s taking over her father’s lease and she doesn’t have to leave. She went on to say that I can’t evict her due to the COVID-19 pandemic and because there’s an... Read more »

Paul Stanko
Paul Stanko answered on Apr 19, 2020

She is trespassing. You should contact the police and file criminal charges.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can the police mess with my security cameras while knocking on my door.
Paul Stanko
Paul Stanko answered on Apr 19, 2020

I am not sure what you mean by "mess", but police are just as subject to property rights of others as any one else. If they damaged your property, you should contact an attorney to see if they can be held accountable.

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

Paul Stanko
Paul Stanko answered on Apr 19, 2020

The pandemic has changed court operations in drastic ways statewide. You should contact the attorney who respresented you at your sentencing to have him or her file a motion for determination of your appropriate placement. There is no precedent for such a pandemic in living memory, so courts are... Read more »

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