Questions Answered by Paul Stanko

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

2 Answers | Asked in DUI / DWI for Indiana on
Answered on Apr 30, 2019
Paul Stanko's answer
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.

Q: Can i take my case back to court for early home detention dismissal

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 30, 2019
Paul Stanko's answer
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.

Q: Hi, I was lost and I took my anxiety medication because I was lost and I blew a 0 on multiple breathalyzers.

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 30, 2019
Paul Stanko's answer
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.

Q: Do you still have a jury trial if you plead guilty at the first court date?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Apr 11, 2019
Paul Stanko's answer
When you plead guilty, you admit your guilt and waive your right to any trial.

Q: Would my husband and I wrestling over my phone be something that can convict him in Indiana because I had scratches?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Apr 10, 2019
Paul Stanko's answer
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.

Q: 14 year old Daughter being charge with posession of a electronic cigarette when she only took 1 puff of it,

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
If she took a puff on it, she was in possession, at least for that moment.

Q: I just met my probation officer. How soon will I be summoned for a random drug test?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
That can happen any time while you are on probation. You need to stay clean.

Q: will Walmart press criminal charges even after they stated they would not

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
If police were not called at the time, it is unlikely that charges will be filed.

Q: Can a habitual be filed on a level 6 theft that was enhanced from a misdemeanor due to a prior theft?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
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 enhancement.

Q: Do charges for invasion of privacy violating a NCO stand, the seperate case ordering the nco is dismissed and terminated

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
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.

Q: How long can you be held in jail on misdemeanor bench warrant before seeing a judge?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
It is common to be held without bond on a bench warrant for failure to appear.

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

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
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 rights are individual. The passenger has the same protections as the driver.

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

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
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.

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

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
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.

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

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
FTA warrants do not expire. You need to have attorneys in these counties follow up.

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

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
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 conviction has lifelong repercussions. He should consult his attorney, and you should make your feelings clear to the prosecutor.

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

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
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 search of your vehicle. The goal of these checkpoints is to develop reasonable suspicion or probable cause for further law enforcement activity. Just hand the cop your license and registration and...

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

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
Here is a link to information:

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

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

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
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.

Q: If charged with a first offense DWI in Indiana, Do I need a lawyer? What does ROR stand for on my court date paper?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
You definitely need a lawyer if you are charged with an OWI. ROR stands for "Released Own Recognizance".

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