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Questions Answered by Michael E. Polen Jr.

1 Answer | Asked in Criminal Law for Indiana on

Q: What is the drug level cut off for thc

Michael E. Polen Jr. answered on Jul 11, 2011

I am not sure what you are asking. If you are charged with driving a vehicle under the influence of TCH (marijuana) then the level does not matter. However if you are charged with possession of marijuana, the amount becomes very important. If it is 30 grams or less, the charge is a misdemeanor.... Read more »

1 Answer | Asked in Criminal Law for Indiana on

Q: What are the statute of limitations on theft

Michael E. Polen Jr. answered on Jun 30, 2011

The answer depends on the charge. Under Indiana law, generally the state has 5 years for B, C, and D felonies and 2 years for misdemeanors. There are a few deviations for certain situations. These can be found in Indiana Code 35-41-4-2.

1 Answer | Asked in Criminal Law for Indiana on

Q: What is the statute in homicide abuse?

Michael E. Polen Jr. answered on Jun 30, 2011

Under Indiana law, homicide includes many things including murder. There is no time limitations to the State filing a murder charge. I am not sure what you mean by "homicide abuse."

2 Answers | Asked in Criminal Law for Indiana on

Q: Is there a statute of limitations on homicide neglect?

Michael E. Polen Jr. answered on Jun 30, 2011

Under Indiana law, homicide includes many things including murder. There is no time limitations to the State filing a murder charge. I am not sure what you mean by "homicide neglect."

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1 Answer | Asked in Criminal Law for Indiana on

Q: How long does a prosecutor have to file chargers? something happened 6 yrs ago and they just now filed charges

Michael E. Polen Jr. answered on Jun 30, 2011

The answer depends on what the alleged crime is. The amount of time can be found in Indiana Code 35-41-4-2.

1 Answer | Asked in Criminal Law for Indiana on

Q: If i took a plea for something i didnt do but i have evidence to prove i didnt do it, could i still put in a law suit

Cps was told i went to jail for fighting in front of the kids. They took my children from my mom two days later after i was incarcerated. i took a plea to get my children back and keep them. Could i get back into court eventhough i too the pla and am on active probation?

Michael E. Polen Jr. answered on Jun 30, 2011

From your post, I am not sure what you mean when you say "put it in a law suit." A plea agreement can be admitted as an admission in a civil suit, which won't be good for you because you admitted guilt. It is also very unlikely that you will be able to get the plea agreement changed with the... Read more »

2 Answers | Asked in Criminal Law for Indiana on

Q: Can the prosecutor force a whitness testify? When key witness is a minor and family member of the person on trial.

And what is the protocall for the prosicutor going to the home of the key witness and threating them that if they dont testify that they will be arested.

Michael E. Polen Jr. answered on Jun 30, 2011

A prosecutor may issue a subpoena requiring a person to give testimony. If the person ignores the subpoena, the prosecutor may bring the matter before the court and ask that the witness be held in contempt. Rather than just ignoring a subpoena, the best practice is to try to have an attorney... Read more »

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2 Answers | Asked in Criminal Law for Indiana on

Q: We live in CA. My 14 yr old son is charged with 2 felonies in IN. I am unemployed and broke. How do i get him a lawyer?

We have been summoned to appear at the initial hearing in IN re: the petition for delinquency. What steps do I take to get him represented by a lawyer?

Michael E. Polen Jr. answered on Jun 30, 2011

If you and your son qualify, you may be entitled to a public defender. The Court will make that determination and assign one if appropriate. Another option might be if there is a free legal aid clinic. You can check with the local bar association and/or the clerk of the Court for phone numbers.

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1 Answer | Asked in Criminal Law for Indiana on

Q: What constitutes a strong armed robbery

Michael E. Polen Jr. answered on Jun 30, 2011

Generally a strong armed robbery takes place when a person uses physical force (without a weapon) to take somebody's property. The force may be as simple as pushing. An armed robbery involves a weapon of some sort.

2 Answers | Asked in Criminal Law for Indiana on

Q: What will happen on 1st offense shoplifting and no criminal record? Paying my bond

Michael E. Polen Jr. answered on Jun 30, 2011

Often times the prosecutor will take all of the facts, including a clean record, in to account when negotiating a plea. You need to retain a lawyer to attempt to negotiate on your behalf. Possible punishment for a guilty plea ranges from probation to jail time and/or a fine.

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1 Answer | Asked in Municipal Law for Indiana on

Q: Are new fences required to be placed 5 ft. from property line or can they be placed on property line?

Michael E. Polen Jr. answered on Jun 30, 2011

This is likely governed by a local ordinance. Given that every municipality is different, there is no easy answer. You will have to check with the local authority. A permit may also be required depending on the local ordinance.

2 Answers | Asked in Collections for Indiana on

Q: What if i fail to pay a judgment

Michael E. Polen Jr. answered on Jun 30, 2011

Unless a judgment is satisfied or discharged in bankruptcy, you are responsible. The owner of the judgment may place a lien on certain property and/or have wages garnished until the judgment is satisfied.

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