Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Paul Stanko

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 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 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 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 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 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 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 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 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 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 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 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 answered on Apr 9, 2019

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

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on

Q: Need to know the passenger right in a vehicle of a traffic stop what's a canine 4th amendment

Can statements made after the Miranda rights are read be held against you even if you are under the influence? What is a perfect caught with drugs have to have the exact nature what exact drug or exactly that it is. drug? Under the Fourth Amendment rights can a passenger be held on a traffic stop... Read more »

Paul Stanko answered on Apr 9, 2019

Your questions are many and varied.

1. Anything you say can be held against you. Intoxication could affect the weight to be given to those statements by a judge or jury.

2. In order to prove a drug case, the State will have to document the type of drug.

3. Fourth Amendment...
Read more »

1 Answer | Asked in Criminal Law for Indiana on

Q: How long can a person be held on an Indiana misdemeanor warrant?

Paul Stanko answered on Apr 9, 2019

Until the person is released on bond or recognizance, or the case is disposed. If the person wants to accelerate the process, he can request a speedy trial.

1 Answer | Asked in Criminal Law for Indiana on

Q: In the state of Indiana what would a lawyer do if the clerk failed to file a motion in a timely manner?

Paul Stanko answered on Apr 9, 2019

Your question is rather vague, but if a clerk fails to perform a ministerial function, like file-stamping a motion, that should be brought to the attention of the court.

1 Answer | Asked in Criminal Law for Indiana on

Q: I have 2 FTA MC on one, and MC&MA warrants in Marion(signed plea agreement) and johnson Counties (no judgement), IN

Johnson issued on 8/20/2018, and that's the last entry on my case.in.gov

Marion issued on 11/17/2017, then noted warrant was still active on 4/24/2018. Also, that is the last entry for this case, plea agreement with probation and 351 daya backup time, on mycase.in.gov

Are... Read more »

Paul Stanko answered on Apr 9, 2019

FTA warrants do not expire. You need to have attorneys in these counties follow up.

1 Answer | Asked in Criminal Law for Indiana on

Q: My hsbnd was charged with DB but he didn't hit or psh me. We wrestled ovr my phne and I was scratched. Can they convict

My husband also did a lot of property damage out of drunken anger. However, he didn't intentionally harm me. He snatched my phone out of my hand and I wrestled with him to get it back. In the process, I received scratches but that is all. They are trying to make him take a plea to a class A... Read more »

Paul Stanko answered on Apr 9, 2019

This is a common problem. Once police are called to a DV incident, someone will be arrested and charged. As you are the alleged "victim", the prosecutor is required to keep you advised of developments, but is not required to do your bidding with respect to the outcome. A domestic violence... Read more »

1 Answer | Asked in DUI / DWI for Indiana on

Q: please explain my rights in a dui checkpoint? Differentiate order & request. What am i required to do &what can I refuse

I WISH I COULD FIND THIS INFORMATION ONLINE SO I WOULDNT HAVE TO BOTHER YOU FINE HUMAN I JUST WANT TO KNOW MY RIGHTS

Paul Stanko answered on Apr 9, 2019

The police must follow a set procedure in order to eliminate targeting or cherry-picking. The stop must be for a reasonable and short period of time (time enough to check license and registration, for example). You may refuse to answer incriminating questions and are not required to consent to a... Read more »

1 Answer | Asked in DUI / DWI for Indiana on

Q: I need help on finding information about the case "mitchell vs wisconsin". Do you know anything?

I am doing a project for school on this case, and I need help. I am supporting wisconsin's side of the argument, so if you know anything, could you please help? This case is about a man who had his blood drawn without permission, because he was believed to be driving while intoxicated.

Paul Stanko answered on Apr 9, 2019

Here is a link to information:

https://www.scotusblog.com/case-files/cases/mitchell-v-wisconsin/

1 Answer | Asked in DUI / DWI for Indiana on

Q: If charged with a DWI in Indiana, Do I need to find a DWI lawyer or request a public defender?

Paul Stanko answered on Apr 9, 2019

If you can afford private counsel, by all means seek out an experienced OWI lawyer. If you are indigent, ask the court to so determine, and appoint a public defender. Do not try to represent yourself.

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.