On top of saying I made a statement and never did. With no bodycams on a knock & announce search warrant. What are my options
answered on Jan 30, 2023
Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.
The vast majority of warrants are "knock and... Read more »
My husband was charged with a crime and the judge and prosecutor refused to let him show any proof of innocence at all and never once let him speak in court?? He got sentenced to 5 years and he has all the proof including a polygraph test given to him by a private investigator and 11 witness... Read more »
answered on Jan 30, 2023
Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.
There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if... Read more »
And they never ask family or a friend if they could take adoption or gaurdingship how do file for this
answered on Jan 4, 2023
U.S. Supreme Court practice is among the most unique and highly specialized areas of law. Because the U.S. Supreme Court has discretionary jurisdiction, it chooses what cases it gets to hear and decide. In any given year, the court hears 50-60 of the 7,000-8,000 cases filed. So the vast... Read more »
If witnesses in a trial have all given multiple statements that are all different from each other and from their own previous statements then should they be allowed to be witnesses or testify in court?
answered on Dec 9, 2022
Yes, the witness can testify. Credibility of witnesses is always an issue for the finder of fact. In a jury trial, the finder of fact is the jury. In a bench trial, the finder of fact is the judge. Credibility of a witness can be attacked by prior inconsistent statements. That seems to be the... Read more »
the circuit court is ignoring the ruling. this was done on May 4 2021. so that the defendant could possibly get some relief from the prison sentence. The states attorney was called and asked why they were not getting the defendant back in court for this ruling, he said it's the... Read more »
answered on Jul 20, 2022
First, I am not an Indiana lawyer. But I suggest sending a letter or posting a pleading for the trial court, to get things moving.
answered on Feb 6, 2022
I'm not sure what "transmitted for transfer" means, but the process after the Indiana Court of Appeals renders a decision is that a party who doesn't like the Court of Appeals decision can file a petition to transfer the case to the Indiana Supreme Court. The party asking for... Read more »
was suspended for an accident involving a dog I wasn't involved in or even knew of...i got 8 kids, i cant afford this , what do i do now pro se?
answered on Feb 7, 2021
In law, a dog is a chattel (an animal that constitutes property). If you leave the scene of an accident involving property damage and fail to contact either the owner of the property or law enforcement in Indiana, you commit Class B Misdemeanor which is punishable by a fine of $1,000 and/or... Read more »
answered on Jan 5, 2021
I'm sorry your question remains open for five weeks. Not every post is picked up, but at this point, you could try the Find-a-Lawyer tab above for attorneys in the Indianapolis region. Good luck
answered on Nov 16, 2020
First, I am not an Indiana lawyer. That being said, I think the answer to your question is "yes."
A friend of mine in prison in Indiana has an appeal that was part affirmed and part reversed and remanded. Who files for post conviction relief now? Him or an attorney?
answered on Nov 16, 2020
First, I am not an Indiana lawyer. But the fact that the appellate decision is in part to reverse and remand the case, I think there is a task that the trial court must do, before a post-conviction appeal is filed--only after the original appeal has been concluded should a post-conviction appeal be... Read more »
answered on Jun 29, 2020
The appellate court usually then issues a schedule of briefing deadlines. But please check your appellate rules for the correct briefing schedule. If you get a briefing schedule, be sure to follow it. If you are the appellant, serious consequences can result if your brief is not filed on or before... Read more »
Ing my husband made,thank God! What should i do? PLEASE HELP ME
answered on Nov 5, 2019
Have you spoken with a local attorney to represent you? You may want to bring it up to the judge, but the prosecutor can withdraw a plea offer.
should he file with the court to ask for representation. Inmate at Pendleton.
answered on Sep 5, 2019
Yes he is entitled to have appellate public defender and should ask for one ASAP
Wife plead open to judge on 2 owi resulting in death cases. She has no prior felonies. Only misdemeanors from when she was 18 years old. Every motion her lawyers filed was denied by judge. No depositions were done on any medical staff. Judge held her juvenile charges against her openly. He... Read more »
answered on Feb 3, 2019
Sentences are rarely overturned, but when a defendant is maxxed out, there is no downside to appealing. Contact an experienced appellate attorney immediately, as a Notice of Appeal must be filed promptly. You mentioned that she had a court-appointed attorney. If she is still indigent, she can... Read more »
What is it called? I want to look up an example maybe to format mine similarly. Do I just write dear judge can you apply the extra month I served towards the bond at 20 dollars per day? Then send it to the clerk with my cause number?
I overserved my sentence by a month.
answered on Jan 27, 2019
You can't do that. The extra time you served is lost. What you might, perhaps, do is file a petition to modify the sentence with respect to the fine imposed. That is assuming you were assessed a fine at all.
answered on May 29, 2018
To find the best lawyer closest to you it would be best if you listed where in Indiana your case is that you would like to appeal.
My boyfriend was arrested for driving without a license and possession of paraphernalia. Both misdemeanor charges. After a week in county jail they added the charge of maintaining a common nuisance, a felony. Once he was sentenced they also enhanced his sentence by adding a habitual offender... Read more »
answered on Apr 16, 2018
Adding the charge of Maintaining a Common Nuisance is not an enhancement but another charge in of itself. The habitual offender charge is an enhancement of the new felony charge. It is can be technical so to say it was correctly done would require more information. He should consult a local... Read more »
Lost driving privileges in 2012, paid tickets and fines. BMV reinstated my license 2-26-18 and suspended them again the next day because I paid them. Idk what to do, I've moved out of state and just want this behind me.
answered on Apr 8, 2018
You were probably suspended again for failure to file proof of insurance with the tickets you paid or suspended for excessive points. You should consult with an attorney to see what can be done, there are possibilities of either setting aside some of the judgments or getting a specialized driving... Read more »
In the state of indiana
answered on Dec 14, 2017
A Notice of Appeal must be filed within 30 days of a final appealable order. If the 30th day falls on a weekend or day that the Clerk of the Court of Appeals is closed, it rolls over to the next open business day. The Notice of Appeal must be accompanied by the filing fee or a request to waive... Read more »
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.