Questions Answered by Paul Stanko

Q: What does a person normally get on a 5yr cap, being a habitual felon violation. ,wilwil

1 Answer | Asked in Criminal Law for Indiana on
Answered on Mar 17, 2019
Paul Stanko's answer
There is no "normal" outcome. The judge can sentence to any term up to the cap. As long as the judge does not exceed the cap on executed time, it is entirely discretionary. You waived any right to appeal by entering into an agreement.

Q: Is no news good news??

1 Answer | Asked in Criminal Law for Indiana on
Answered on Mar 17, 2019
Paul Stanko's answer
Absolutely! The worst thing you could possibly do is contact anyone in the system (prosecutor, cops, clerk's office)!

Let sleeping dogs lie, as the saying goes.

Q: Can an officer use smell of pot be probable cause to enter a home my home on a knock and talk

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Answered on Mar 15, 2019
Paul Stanko's answer
"Knock and talk" is not based on probable cause. It is entirely consensual. You should never allow a cop into your home without a warrant. If he entered your home without valid consent, you may have a basis for suppression of evidence seized.

Q: Should I file a police report? What should I do?

2 Answers | Asked in Criminal Law and Car Accidents for Indiana on
Answered on Mar 11, 2019
Paul Stanko's answer
Leaving the scene of an accident causing property damage is a violation. If there truly was no damage, then there is no violation.

Q: Can an adult file a criminal complaint on behalf of another adult without their consent?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Mar 8, 2019
Paul Stanko's answer
Only a prosecutor can file charges. There is no such thing as a criminal complaint.

Q: What can I expect for a 2 counts Both A class A misdemeanors; owi endangering a person and owi with bac of .15 or more?

2 Answers | Asked in Criminal Law for Indiana on
Answered on Mar 8, 2019
Paul Stanko's answer
That question can only be answered by an attorney familiar with the specific facts. Possible penalties are up to a year in jail, fine of up to $5000, and license suspension.

Q: How do I get an attorney to listen to me when I have evidence that can prove the client innocent with no money

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Answered on Mar 8, 2019
Paul Stanko's answer
If you can't afford an attorney and have charges pending against you, you may request a public defender.

Q: Can a adult ask for a restraining order against a juvenile from being in contact or threating another juvenile?

1 Answer | Asked in Criminal Law and Juvenile Law for Indiana on
Answered on Feb 24, 2019
Paul Stanko's answer
You can file a petition for a protective order. Go to the County Clerk's office and fill out the paperwork.

Q: My friend missed his probation he had a warrant i didnt know he was at my house they arrested me for 6 felony assisting

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 24, 2019
Paul Stanko's answer
The State will have to prove intent. Get an experienced criminal defense lawyer who practices in that county.

Q: Why is my kids father only being charged with a misdemeanor battery charge when the crime was committed on a 13yr old

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 24, 2019
Paul Stanko's answer
Prosecutors have discretion on whether to file charges and what charges should be filed. Only the prosecutor can answer your question.

Q: By law, do patients have privacy rights?

1 Answer | Asked in Consumer Law, Criminal Law and Medical Malpractice for Indiana on
Answered on Feb 24, 2019
Paul Stanko's answer
Any such violation of your privacy rights would come under Fourth Amendment analysis. The appropriate sanction would be suppression of the evidence, not dismissal of charges. Of course, suppression of evidence can often result in the State being unable to proceed, and thus dismissal.

Q: Can a defendant defend themselves under the 6th amendment of the constitution

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 24, 2019
Paul Stanko's answer
You have an absolute right to defend yourself. The court should advise you of the hazards of doing so, as well as the fact that you will be held to the same procedural and evidentiary standards as an attorney.

That being said, defending one's self is rarely wise, even for an attorney defendant!

Q: My daughter has a warrant for her arrest. Will I be in trouble if she is living with me?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 16, 2019
Paul Stanko's answer
You would be harboring a fugitive if you assist her in evading arrest. If the police come knocking, let them in.

Q: In Indiana, if a cut down straw was found with traces of a white substance (according to police officer report)

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 16, 2019
Paul Stanko's answer
Straw isn't paraphernalia. Inconsistencies in police reports may or may not be significant. If charges are pending, consult a criminal lawyer.

Q: I was physically abused by my ex and left. It’s been 2.5yrs. I’ve sustained emotional trauma. Can I sue for damages?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Feb 16, 2019
Paul Stanko's answer
This is not a criminal law question. You should consult a personal injury lawyer.

Q: Why would a prosecutor ask for records to be sealed in a criminal drug case?

1 Answer | Asked in Criminal Law and Arbitration / Mediation Law for Indiana on
Answered on Feb 16, 2019
Paul Stanko's answer
Most likely to protect a confidential informant.

Q: need advice on search warrant clause

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 16, 2019
Paul Stanko's answer
You have not asked a question.

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