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Questions Answered by Paul Stanko
1 Answer | Asked in Criminal Law for Indiana on
Q: Can a pipe with methamphetamine residue be counted as evidence for possession of paraphernalia AND possession of meth?

2 separate charges need 2 separate pieces of evidence, and they can't tamper with evidence, so how much meth did i have on me? The residue is what makes it paraphernalia, not possession.

Paul Stanko
Paul Stanko
answered on Mar 6, 2022

You are incorrect. The pipe is the paraphernalia, and the Meth is the controlled substance.

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: If a person is brandishing a firearm on the city sidewalk and you're on your property can you shoot them with a handgun?
Paul Stanko
Paul Stanko
answered on Apr 25, 2021

I don't know what you mean by "brandishing", but it would take far more than that to justify use of deadly force against that person. Keep in mind that there IS a right to bear arms, both for you and the other person. You can't just shoot people because they are armed.

2 Answers | Asked in Criminal Law for Indiana on
Q: Can someone get arrested for resisting arrest if they are not commiting a crime?

The defendant was told he was not being arrested or detained that the officer just wanted to speak to him. The officer asked for the knife on his belt and the defendant said he'd like to keep it since he was not being arrested or detained and was not on probation and had no wants or warrants.... View More

Paul Stanko
Paul Stanko
answered on Feb 23, 2021

"Officer safety" is often used as an excuse for excessive force. For resisting to be a legitimate charge, the police officer must be reasonably engaged in his official duties. If he engages in excessive force, then resisting that unreasonable force (in a reasonable way) would not be a... View More

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1 Answer | Asked in Criminal Law for Indiana on
Q: i was arrested april 20, 2020 on a level 2 dealing in meth. i still havent recieved a plea deal. is that normal
Paul Stanko
Paul Stanko
answered on Nov 23, 2020

Every county is different, and the COVID situation has delayed things quite a lot. Contact your lawyer to see if he/she has received anything.

2 Answers | Asked in Criminal Law and Federal Crimes for Indiana on
Q: How much to retain an attorney or a level 2 felony meth charge with 2 priors
Paul Stanko
Paul Stanko
answered on Nov 22, 2020

Attorneys will not generally quote fees in public forums like this. I suggest you contact me or other attorneys privately through this site. For one thing, in order to quote a fee, an attorney would need to discuss the facts of your case, and you definitely do not want to do that publicly!

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1 Answer | Asked in Criminal Law and Identity Theft for Indiana on
Q: I am seeking some advice for a situation that I was in 8 years ago
Paul Stanko
Paul Stanko
answered on Oct 15, 2020

Your question is not specific enough to answer.

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... View 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... View 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... View 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... View 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... View 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?... View 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... View 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... View 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... View 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.

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