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Questions Answered by Paul Stanko
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... View More

Paul Stanko
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...
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1 Answer | Asked in Criminal Law for Indiana on
Q: How long can a person be held on an Indiana misdemeanor warrant?
Paul Stanko
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
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... View More

Paul Stanko
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... View More

Paul Stanko
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... View 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
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... View 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
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
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.

1 Answer | Asked in DUI / DWI for Indiana on
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?
Paul Stanko
Paul Stanko
answered on Apr 9, 2019

You definitely need a lawyer if you are charged with an OWI. ROR stands for "Released Own Recognizance".

2 Answers | Asked in Criminal Law and Identity Theft for Indiana on
Q: why is the case about my daughter's abuse posted for everyone to see on google?

i just googled my name because my sister said all my information is all over the internet i dont understand how my daughter's information about being sexually abused and putting the man away is all on the court documents where everyone can see as soon as you search my name.

Paul Stanko
Paul Stanko
answered on Apr 7, 2019

You were unclear about the source of the information. Unless court documents are sealed, they are matters of public record. Usually, the source of public disclosure of such information is the news media, which nobody can effectively control, thanks to the First Amendment. Courts have no interest in... View More

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1 Answer | Asked in Criminal Law for Indiana on
Q: Someone stole items from me and the police recovered those items. The case against the guy has been settled and

the prosecutor said I could recover my items from the police, who kept them as evidence against the thief. I called the police department monday and they can't find my items. It is now Thursday. How long do they have to return my items? what if they can't find them now? is it law... View More

Paul Stanko
Paul Stanko
answered on Apr 4, 2019

This is not a criminal law question. You may have a tort claim against the police department.

1 Answer | Asked in Criminal Law for Indiana on
Q: In Indiana if a person has a body attatchment warrant amd the police come arrest them take them into jail book them the

then just let them walk right back out of jail give them a ride drop them off and just leave should your warrant still be active even after it had been being read to you and served?

Paul Stanko
Paul Stanko
answered on Apr 4, 2019

Once a warrant is served, it should no longer be active.

1 Answer | Asked in Criminal Law for Indiana on
Q: I hired an attorney to represent me, that attorney became prosecutor before my court date, is this grounds for dismissal
Paul Stanko
Paul Stanko
answered on Mar 31, 2019

No. However you obviously will need a new attorney.

1 Answer | Asked in Criminal Law for Indiana on
Q: is there a case law, if you have co defendants that the prosecution is required to offer each individual the same plea?

Criminal Law, I believed it was called the Lamen (sp) case law. Where there were 3 co defendents and they all were offered different pleas. One (lamen) stated that he was never offered the same plea as his co defendants. In return he filled at with the Appellate Court and he was granted the same... View More

Paul Stanko
Paul Stanko
answered on Mar 31, 2019

The prosecution has complete discretion in offering or not offering a plea agreement.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can you explain who has the burden of proof in an Indiana criminal case?
Paul Stanko
Paul Stanko
answered on Mar 31, 2019

The burden of proof in all criminal cases in the United States is upon the State or Government. Each essential element of a crime must be proved beyond a reasonable doubt.

1 Answer | Asked in Criminal Law for Indiana on
Q: What does a person normally get on a 5yr cap, being a habitual felon violation. ,wilwil

Drug inpatient treatment to get help but will be 4 weeks from graduating. Not court ordered to be here but was recommended by another county on a probation violation

Paul Stanko
Paul Stanko
answered on Mar 17, 2019

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.

1 Answer | Asked in Criminal Law for Indiana on
Q: Is no news good news??

I was accused of a crime by a person who says they have video evidence and are going to file a police report.

However, that was 3 months ago and no charges have been filed and I have not been arrested.

A couple of attorneys that I spoke with said no news is good news for the... View More

Paul Stanko
Paul Stanko
answered on Mar 17, 2019

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.

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can an officer use smell of pot be probable cause to enter a home my home on a knock and talk
Paul Stanko
Paul Stanko
answered on Mar 15, 2019

"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.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Indiana on
Q: feb 2009 Indiana I was charged voluntary man slaughter n2013 stand ur ground was passed can I get my felony removed ??

I was attacked the guy swung I swung back hitting him 3x he later died from heart complications I was charged with voluntary man slaughter the guy was 6’3 330 I’m 5’10 150. I was only protecting myself from him is there anyway I can get the felony dropped because in 2013 stand ur ground was... View More

Paul Stanko
Paul Stanko
answered on Mar 11, 2019

Stand your Ground does not apply retroactively.

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2 Answers | Asked in Criminal Law and Car Accidents for Indiana on
Q: Should I file a police report? What should I do?

I accidentally hit a parked cars bumper yesterday, there wasnt damage to my or their car, so I left. When I got home I googled it, evidently I can get in huge trouble for not leaving info anyway. I dont want to be arrested.

Paul Stanko
Paul Stanko
answered on Mar 11, 2019

Leaving the scene of an accident causing property damage is a violation. If there truly was no damage, then there is no violation.

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