Goshen, IN asked in Criminal Law for Indiana

Q: Can Marshall county Indiana charge a person with a crime almost 2yrs after someone else plead guilty to the charge.

Our daughter was dating a guy who started dealing drugs after they started living together. He got caught, charged and sentenced. Almost 2yrs. later and after our daughter got herself into trouble (misdemeanor and probation) the only thing on her record. The county police show up saying they were investigating a homicide in the area, asked a few questions and at the end stated she had a warrant for her and it was for the same thing her ex-boyfriend was already charged and sentenced for. Now Marshall county is holding our 26yr old daughter on a $25,000 dollar cash bond which goes against everything the 8th amendment reads. There is no way our daughter or any other 26yr old girl is going to have $25,000 dollars just laying around. What can I do?

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1 Lawyer Answer
Andrew L. Bennett
Andrew L. Bennett
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Yes, Marshall County can charge your daughter with a crime that someone else pled guilty if the allegations are she is a co-defendant in the commission of the crime. If they are charging her with murder or another homicide charge, the $25K bond is normal. She should hire an attorney who can petition the court for a reduction based on her lack of criminal history. If she is in-custody and you can help her financially that is the best thing you can do for her. Also, jail phone lines are recorded so your daughter should not speak to you or anyone else about the specifics of the case over the phone.

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