During the sentencing phase of a case, the legal standard for the admission of evidence no longer follows the Rules of Evidence. Rather, the evidence only needs to have "sufficient indicia of reliability" which is a pretty low bar.

Hearsay, and even double-hearsay, is allowed.... View More

The documentation you signed when you started house arrest will outline the parameters of your monitoring situation and what the monitoring authority and law enforcement is authorized to do. It's not clear if you're a pre-trial detainee on house arrest or a defendant on house arrest doing... View More

In Indiana, if you are pulled over for a traffic violation, alleged or actual, you must show identification.

Joseph Abrams Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2022

No. Because the two counties are considered part of the same sovereign, that is, the state of Indiana, it would violate the Constitution's prohibition against double jeopardy.

- Law Office of Joseph Abrams, Anaheim, CA

You need to contact an experience criminal defense attorney in your area to discuss the case in more detail.

Have either of you discussed it with the landlord. You or the landlord can also go to court to get an order to evict her. Your landlord may also want to change the locks on your appartment.

If they did not have probable cause to search the vehicle or your purse, but you gave consent to search the car, there may be an issue with consent to search your purse. Contact a local defense attorney to discuss the case in more detail.

Assuming you are not a CDL operator and in a commercial vehicle, no, not without a valid traffic violation.

This is really something that an Indiana attorney would know best, but you await a response for four weeks. As a general matter, without regard to the type of case, court clerks can sometimes assist in obtaining file documents. However, in many places, COVID has changed some of the... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2020

Alot of times the LEOs either request Charges to be issued sometime after the Search Warrant Execution, or they try to work out a Sentence to bring to the Court for entry. Very often the citizens searched cooperate with the LEOs to incriminate others, and receive lighter Sentences therefor.

The person needs to file a motion with the court where they are being held asking they be released. Also someone should advise the correct county in Oklahoma that the person is in-custody in Indiana and request they start the extradition process.

A better option might be to call County Dept of Social Services and make a report, they will find you a safe home if necessary.

Sorry to hear about this. You should consult with a criminal defense attorney as soon as possible to consider his options. There are motions that can be filed on his behalf to try and get him relief during this scary time. Good luck!

Go to IN.gov and run your criminal history, there is a fee, and see what is documented. It may be a clerical error.

I'm sorry for your difficult situation. Constitutional issues generally involve action on the part of the state; but that isn't really important. It sounds like an uncomfortable situation, and whatever it is that you might pay an attorney to do - injunction, order, or what else, it could... View More

The Search Warrant should have a case number at the Clerks Office, the police would also file a Return of Search Warrant detailing the items removed. The return is to be filed in the same case as the search warrant

If the NCO was valid and in effect at the time of the new offense, then having the underlying NCO terminated later has no impact on the later charge.

It's hard to think of a reason why this might be illegal. You could double-check with Indiana building, environmental, occupational health, fire & safety codes, as well as local municipal or town codes.

Tim Akpinar

Stand your Ground does not apply retroactively.

If the person is visiting and has no possessory interest in the home and the warrant lists another address then the police cannot force their way in unless they get a new search warrant that lists your address.