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Questions Answered by David M Seiter
1 Answer | Asked in Criminal Law for Indiana on
Q: How much time does a habitual felony offender enhancement carry?
David M Seiter
David M Seiter answered on Feb 16, 2017

If the offense being enhanced is a Level 5 or Level 6, the enhancement is an additional 2-6 years. If the offense being enhanced was a Level 1-4, the enhancement is 6-20 years. (See Ind. Code 35-50-2-8).

3 Answers | Asked in Criminal Law for Indiana on
Q: How many prior felony convictions do you have to have before a habitual felony offender can be filed?
David M Seiter
David M Seiter answered on Feb 16, 2017

For Level 1-4:

1) person has been convicted of two

2) prior unrelated felonies; and at least (1) of the prior unrelated felonies is not a Level 6/Class D Felony.

For Level 5:

1) Person convicted of two

2) Prior unrelated felonies; and at least one (1) of...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Is it alright for a 13 year old girl to be in a relationship with a 19 year old boy under the law of Indiana

Without any sexual conduct

David M Seiter
David M Seiter answered on Oct 5, 2016

I assume that your question is asking is it "legal" for a non-sexual relationship. There is nothing illegal about a 19 year old and 13 year old who socialize. However, obviously you recognize the red flags that this could lead to sexual relationship. Therefore, as a matter of proper... Read more »

2 Answers | Asked in Criminal Law for Indiana on
Q: What is the criminal offense code for Burglary in the state of Indiana, and what would be the court process ?
David M Seiter
David M Seiter answered on Oct 5, 2016

The Indiana Code Statute for Burglary is I.C. 35-43-2-1. While it is true that court policies and procedures change from county to county and court to court, below is a general outline of the criminal court process:

1. Police have probable cause to believe the defendant committed a...
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