Q: My friend is being charged in Indiana on a level 6 domestic violence charge. He has never been arrested for this crime,
Which due to the prosecution, and not the defense, has been slowly dragged along in the court system now for nearly 2yrs. He has had 3 arraignments now on said charge and given a plea deal for up to 3yrs when I thought the max was 2 1/2. He's refused all pleas. Also, he was given a polygraph that he passed, has had a recorded deposition whereas the 'victims' deposition was never recorded. Does any of this so far violate any rights such as his right to a speedy trial, etc? He plans on taking this case to trial even though he was never arrested crime. What loopholes are there in Indiana to provoke a possible dismissal of case? Do the statute of limitations apply? He did not possess intent to cause injury nor was a lethal weapon involved. Have any procedural requirements been overlooked thus far that may result in a dismissal?
A: Does your friend have a lawyer? Taking a polygraph is something I would never have a client do. Any competent criminal lawyer could answer all of these questions based on the particulars of that case. If your friend does not have a lawyer, he should retain one immediately!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
