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Questions Answered by Paul Stanko
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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2 Answers | Asked in Criminal Law and Domestic Violence for Indiana on
Q: How do I drop charges against my child father
Paul Stanko
Paul Stanko answered on Apr 19, 2020

You didn't file the charges, so you can't "drop" them. Only prosecutors file charges, and except in very limited circumstances, only prosecutors can dismiss them. When civilians call the police, they get the State involved in their personal business. Often there are unintended consequences.

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3 Answers | Asked in Criminal Law and DUI / DWI for Indiana on
Q: My husband was arrested for OWI and reckless homicide. I’m curious as to how much time we’re looking at.

He was convicted of possession almost 20 years ago and has not been in any legal trouble since I know that the charges carry a sentence of anywhere from 1-12 years. I’m curious as to what amount of time he will LIKELY be sentenced to based on his history and everything else. Just a professional... Read more »

Paul Stanko
Paul Stanko answered on Apr 19, 2020

If he is facing such serious charges, he surely must already have legal counsel, whom he should discuss this with in detail. Every county has a "local legal culture", and every judge brings his or her own perspective into the sentencing decision. (I started out as prosecutor in Knox... Read more »

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1 Answer | Asked in Criminal Law for Indiana on
Q: Once a lawyer agrees to represent a client in Indiana, must that lawyer register with a court, advising of this

Development? Advising that said lawyer is now representing this client?

Paul Stanko
Paul Stanko answered on Apr 10, 2020

An attorney can enter his "Appearance", which he will have to do in order to file any motions.

2 Answers | Asked in Criminal Law for Indiana on
Q: Would the quarantine affect court ordered service hours in any way?

Service hours are for diversion and not probation

Paul Stanko
Paul Stanko answered on Apr 19, 2020

Most courts are making allowances for the current situation, but you should contact the pretrial diversion director to update him or her on your situation.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Indiana on
Q: Are there consequences for rescheduling a court case multiple times?

It's a " never having a license" charge. Been ongoing for over a year because my sister keeps rescheduling for various reasons. Does that make it worse in the long run

Paul Stanko
Paul Stanko answered on Apr 19, 2020

Eventually, a judge might decide to deny a continuance, but they will usually give an indication if they are getting weary of delays, like indicating "no further continuances" in the order.

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1 Answer | Asked in Criminal Law for Indiana on
Q: My probation officer told me to report to jail... What happens if i dont show up..but put muself in rehab instead
Paul Stanko
Paul Stanko answered on Apr 3, 2020

You don't get to choose what you do on probation. If you don't do what the Court tells you to do (and the probation officer is acting on behalf of the Court), you can expect problems.

1 Answer | Asked in Criminal Law for Indiana on
Q: What does it mean if the judge issues a warrant and set it is not to be rescinded even though my lawyers filing the pape

What does it mean if a judge issues a warrant and said it is not to be rescinded does that mean there is no way that I can get my lawyer to rescind it even though the prosecutor has agreed to

Paul Stanko
Paul Stanko answered on Apr 3, 2020

Just because the lawyers agree to something doesn't mean a judge has to go along. Judges have considerable discretion.

1 Answer | Asked in Criminal Law for Indiana on
Q: What does it mean if a judge issued a warrant for my arrest and set it is not to be rescinded does that mean it doesn't
Paul Stanko
Paul Stanko answered on Apr 3, 2020

That means that the judge is not wanting the warrant to be recalled before service.

1 Answer | Asked in Criminal Law for Indiana on
Q: Is it legal for a judge to sentence me on a b misdemeanor and give me a 1yr and the max sentence is a 180 days
Paul Stanko
Paul Stanko answered on Apr 3, 2020

No. An executed sentence cannot exceed the statutory maximum.

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Q: Can I be evicted if someone starts an argument with me?

So today these new neighbors in my apartment complex decided to let their son like 6 or 7 pee next to my car and not only that but in front of my 7 year old daughter who already has issues and I told the mom hey can you please not let him do that by my car or in front of my child and she then... Read more »

Paul Stanko
Paul Stanko answered on Apr 3, 2020

This is not a criminal law question.

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: Can a pro se litigant in a criminal case initiate communication with the prosecutor for the sake of plea bargaining?

I e-filed an appearance for my own behalf. I was arrested on my 3rd marijuana possession in Indiana; class A misdemeanor. I filed 2 motions; one for stand-by counsel and the other to have my bond returned to pay for my defense. The bond request was denied but there is a hearing set for the... Read more »

Paul Stanko
Paul Stanko answered on Apr 3, 2020

Yes. Just make sure to tell the prosecutor you are pro se.

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2 Answers | Asked in Criminal Law for Indiana on
Q: In marion county can the judge sentence me on a class b misdemeanor and sentenced me to a year. Probation and the max

Sentence is a 180 days can they do that.

Paul Stanko
Paul Stanko answered on Apr 3, 2020

Your executed sentence cannot exceed 180 days, but you can be placed on probation for up to a year.

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2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for Indiana on
Q: I had a wreck in November due to a seizure. I was put in the ambulance and refused treatment

Because I knew I had a seizure.A deputy then put me in cuffs and took me to the hospital to see if a doctor could tell if I had a seizure the dr could not verify if I had one then the officer had me do blood test. I just received papers saying I have to go to court in March for a class c... Read more »

Paul Stanko
Paul Stanko answered on Mar 3, 2020

You will need a criminal defense lawyer. Any amount of controlled substance in your body is illegal. Find a lawyer here on Justia who practices in that county.

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1 Answer | Asked in Criminal Law for Indiana on
Q: Any lawyers in South bend Indiana that accept payment plans!?

Misdemeanor

Paul Stanko
Paul Stanko answered on Jan 2, 2020

I do, contact me with details.

1 Answer | Asked in Criminal Law for Indiana on
Q: What does this mean Once a bond has been posted, if it is a cash bond, the money becomes the property of the defendant

Once a bond has been posted, if it is a cash bond, the money becomes the property of the defendant being held in trust

Paul Stanko
Paul Stanko answered on Nov 10, 2019

Courts don't get involved in disputes between persons posting cash bonds and the defendants for whom the bonds are posted. Anyone posting a cash bond on behalf of a defendant must understand that the court will consider that cash an asset of the defendant that can be used to pay fines, court... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: The fayette county prosecutor isnt doing what she said&now refuses the plea deal that SHE made. I have PROOF in a record

Ing my husband made,thank God! What should i do? PLEASE HELP ME

Paul Stanko
Paul Stanko answered on Nov 6, 2019

All plea agreements have to either be in writing or stated on the record. A prosecutor can withdraw an offer at any time until it is accepted.

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