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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: Hired attorney 2017 for specialized driving privilege. my attorney retired without me knowing. My license status is HTV!

I was pulled over and being charged with HTV For life.

What should I do?

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 17, 2024

You should hire another attorney to represent you in the new case and to see about the possibility of specialized driving privileges.

0 Answers | Asked in Criminal Law for Indiana on
Q: Can a license suspension be lifted in Indiana if the plantiff files a motion to withdraw appearance?

My license was suspended in a default judgement almost 4 yrs ago. I have not been able to pay the judgement. I recently received a letter granting the plaintiffs motion to withdraw appearance. Will the suspension be lifted?

0 Answers | Asked in Criminal Law for Indiana on
Q: Hello- please no judgment. I received a citation for shop lifting $85 .. what does this mean?

Can I pay a fine and have it dismissed?

0 Answers | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Okay my husband is pending 2 level 6 felonies. Domestic battery in front of children under 16. strangulation

They put a no contact order in place for 2 year's.

This isn't the first time. So the prosecutor wants me to testify at his jury trial. He contact me and beg me to say I false report. I said no. and he called the police in a different county different prosecutor. . Laughing... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Why did the police take my guns and keep them after they were used as self defense?

I’ve had my firearms confiscated from me by the police after my home was being burglarized by thieves and I used it as self defense no one was injured but the police still took it as “evidence” the case was dropped and over it’s been a year and I still get a run around about getting my guns... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

I'm sorry to hear about your situation. It must be very frustrating to have your property taken and not returned even after your case was dropped.

The specific laws and procedures around confiscation and return of firearms used in self-defense incidents vary by jurisdiction. In some...
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1 Answer | Asked in Criminal Law for Indiana on
Q: How much methaphetamine does it take for them to send it off to the lab?

In the state of Indiana

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Apr 3, 2024

That will depend on the police department policy as well as the state lab policy. However, many police departments have equipment to do testing either a chemical reagent test or miniature spectrometers.

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Business Law and Civil Litigation for Indiana on
Q: Why won't the police do anything when someone takes your items without compensation?

Left items at toy store for appraisal,after a balljoint failed ruck totalled almost life lined. Kept in touch full time with Google, or Bay. But soon as got my feet back on ground and was ready pick up my legally owning items. for two totes toys from 1980-1999 and 73 HOTWHEELS was $40 so declined... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 31, 2024

Contact the Attorney General's Office for consumer fraud.

1 Answer | Asked in Federal Crimes and Criminal Law for Indiana on
Q: My son was arresting for violating probation how long does it take to booked him in? It’s been 10 days

He was arrested at his probation meeting his probation officer called and told me he was being detained for violating probation I keep calling the sheriff office and jail and looking on the website he still is not booked in today is day 10.

James L. Arrasmith
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answered on Mar 30, 2024

When a person is arrested for violating probation, the booking process typically begins shortly after the arrest. However, the duration it takes for the booking details to appear online or for the jail to provide information can vary greatly depending on several factors, including the specific... View More

0 Answers | Asked in Criminal Law for Indiana on
Q: I got put on probation did everything I was supposed to I'm on ssi and take meds my doc put me on a different med which

Resulted in me having suicidal thoughts irrationality impulsive behavior and relapse just a Lil over a month before I was to finish up probation completely I flunked a drug test and violated stopped taking those meds and told my probation officer upfront put myself in substance classes got a job... View More

1 Answer | Asked in Child Custody, Immigration Law, Criminal Law and Family Law for Indiana on
Q: My wifes former spouse is a current green card holder, He raped my wife. Where can i file papers Arrest and deport him.

My wife has had her family taken and turned against her, She has encountered a very difficult life since the Rape occured. Her ex spouse has taken all her properties, Her 2 children, Stalks her, Harrasses her, Forced her into medications to control her. I am her husband Kenneth, Here recently her... View More

James L. Arrasmith
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answered on Mar 22, 2024

I'm truly sorry to hear about what your wife and you are going through. It's crucial to prioritize her well-being and safety. You should report the rape and other criminal activities committed by her ex-spouse to the local police as soon as possible. They can initiate an investigation and... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I have two charges from 1985. altered driver's license and it was dismissed. criminal conversion does this

disqualify me from becoming a notary public?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 20, 2024

I do not know specifically if the conversion would prevent you from becoming a notary, however conversion is a crime of dishonesty, therefore more than likely it would disqualify you. It appears you would qualify to have the cases expunged off your record. Consider consulting with a criminal... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I was arrested last Sept. 22 ,two F 6's, poss. charges. I am, on March 20, 2023, just being arrained. Is this legal?

in Sept of 22, I bonded out of jail two days later on 1200 cash bond. I hadn't been arrained yet at this time. I was gave a paper with a court date for arraignment the following week. The jail messed up, they said, cause the date on the paper was on a Saturday. The jail advised me the... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 17, 2024

The State has 48 hours to have charges filed and probable cause to be determined by a judge or magistrate. Since you bonded out the time requirement no longer applies. The State has five years from your arrest date to file charges.

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for Indiana on
Q: Someone who commits battery against a person w/ c.ptsd disability then reports disabled person could be charged w/what?

After a verbal insult he lunged 2 grab me puts me in headlock smashing face/nose where I heard nose crunching, & couldn't scream breathe as he's twice my sz. in attempts to free myself he sustained 2 minor scratches yet he reported it & had me arrested for battery while I, in... View More

James L. Arrasmith
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answered on Mar 9, 2024

Based on the information you provided, it seems that you may have a valid self-defense claim against the battery charges. In many jurisdictions, individuals have the right to use reasonable force to protect themselves from imminent harm. Given that the other person initiated physical contact by... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: If a hospital blood draw is under the legal limit and then the state lab draw is over the legal limit can you fight?

The state lab took 6 months

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 19, 2024

If the two blood draws are done close in time to where there should be a comparable result, then it does become an evidentiary issue as to what is the correct blood score. You should consult with and experienced OWI attorney.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: My ex husband was charged with a burglary that he tried to tell police I did.

Police came to my house, out of jurisdiction, numerous times. I called them finally. They wanted dna to rule me out as a suspect. I gave it to them, as I was on probation and thought I had to. While the officer was taking the sample, he asked me why I thought my ex husband and my kids father ( 2... View More

James L. Arrasmith
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answered on Mar 8, 2024

In situations where your statements to police are included in a discovery document that could compromise your safety, it's essential to address the issue promptly. The police have procedures for handling sensitive information, but mistakes and oversights can happen. If your safety is at risk... View More

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