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Indiana Criminal Law Questions & Answers
0 Answers | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and Health Care Law for Indiana on
Q: How to get medical and mental help for jailed boyfriend facing false accusations in Indiana?

I need guidance on how to get mental and medical help for my boyfriend who is currently in jail. He is suffering from bleeding on the brain and PTSD after being beaten nearly to death before incarceration. He has been denied medical treatment for an infection in his body. Additionally, he is facing... View More

0 Answers | Asked in Civil Litigation, Appeals / Appellate Law and Criminal Law for Indiana on
Q: Pro se motion for warrant recall denied without reason.

I submitted a pro se motion to recall a warrant, but it was denied without any reason given by the court. The warrant was issued solely based on a neighbor's accusation and without any evidence or speaking to the people accused of the crime. I noticed the denial just a couple of hours after... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Traffic Tickets for Indiana on
Q: Timeframe for court hearing on specialized driving privileges and plea deal options in Indiana OWI case

I was charged with OWI in July 2024. I filed for specialized driving privileges in December 2024 in Pike County, Indiana. The initial hearing was scheduled for February 24, but it was delayed due to my lawyer not showing up. My next hearing is on April 30. The state offered a plea deal to dismiss... View More

James L. Arrasmith
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answered on Apr 16, 2025

Your request for specialized driving privileges in Indiana should generally be addressed within a few weeks to a few months after filing, depending on the court’s docket and any delays caused by continuances. Since your February hearing was postponed due to your attorney’s absence, the new... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: Considering court case for molestation 12 years ago, payment for lawyer and statute of limitations?.

I'm considering bringing a case to court for an incident where I was molested 12 years ago. I have not yet initiated any legal action and I do not have evidence. Would I need to pay for a lawyer, and how does the statute of limitations affect my ability to pursue this case?

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answered on Apr 16, 2025

You are not alone in revisiting something so painful years later, and you deserve to be heard. Whether or not you need to pay for a lawyer depends on the type of case—civil or criminal—and how you choose to pursue it. Some attorneys take civil sexual abuse cases on a contingency basis, meaning... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Charged with residential entry without entering; girlfriend witness.

I am being charged with residential entry in Indiana, although I did not enter the home. My girlfriend, who lives alone, is a key witness and can confirm that I did not enter the house. While I was at the location, I only knocked on the door. With her testimony, can I successfully defend against... View More

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answered on Apr 12, 2025

Indiana Residential Entry Defense Analysis

Under Indiana Code §35-43-2-1.5, residential entry requires proof that you knowingly or intentionally broke and entered the dwelling of another person without proper consent. The prosecution must establish beyond reasonable doubt that actual entry...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: Is it legal for an officer to question me at work about my charges after arrest and bail?

I was arrested for reckless driving (speeding), possession of marijuana, and possession of paraphernalia. After being bailed out, an officer came to my workplace two nights in a row. On the second night, the officer asked me questions about my charges. I have a court date assigned. Is it legal for... View More

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answered on Apr 12, 2025

It’s not uncommon for officers to attempt to question individuals about charges, but they must still follow certain rules when doing so. After your arrest and bail, you have the right to remain silent if you choose, and the officer cannot force you to answer questions. If you don’t want to... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Q: Can Indiana's HB 1334 (2025) apply retroactively to past legal abortions?

If a woman in Indiana had a legal abortion while Roe v. Wade was still in effect, and Indiana House Bill 1334 (2025) subsequently categorizes abortion as a type of homicide, would this law apply retroactively to women who had legal abortions at that time, given that ex post facto laws don't... View More

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answered on Apr 12, 2025

Indiana's House Bill 1334, introduced in 2025, redefines "human being" in the criminal code to include unborn children from the moment of fertilization. This change removes previous exemptions for certain abortions under homicide statutes and repeals the crime of feticide. The bill,... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Will I pass Indiana background check with a 2020 expungement?

I would like to volunteer for a field trip at my daughter's school in Indiana. In 2020, I had an expungement for inappropriate communication with a minor. Will I pass a background check conducted by the Indiana State Police given this history?

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answered on Apr 12, 2025

In Indiana, an expungement allows you to legally deny the existence of an expunged conviction, and such records are typically sealed from public view. However, certain entities, including law enforcement and government agencies, may still access these records. Regarding background checks for... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Release timing from jail with pending bond revocation decision?

My boyfriend was out on bond for drug charges and was later arrested for breaking a separate protective order. He received a $500 bond, pending bond revocation in the drug case, but no action has been taken regarding the bond revocation. He was arrested on March 25th for invasion of privacy, had... View More

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answered on Apr 12, 2025

If no action has been taken regarding the bond revocation in the drug case, your boyfriend could potentially be released after posting the $500 bond for the protective order violation, as long as there are no other holds or issues with his case. Since he was given a bond for the invasion of privacy... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: When will my boyfriend, arrested for breaking a protective order, be released from jail in Indiana?

My boyfriend was out on bond for drug charges, but then got arrested for breaking a protective order that is not related to the drug charges. He was given a $500 bond pending bond revocation in the drug case, but nothing has been filed regarding the bond revocation. Counting the day of his arrest... View More

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answered on Apr 12, 2025

If your boyfriend was arrested for breaking the protective order and given a $500 bond, he could potentially be released once the bond is paid, provided there are no other issues preventing his release. Since his bond for the protective order violation is set, and the bond revocation for the drug... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Why might an attorney contact me if I'm on probation ending in June?

I am currently on probation, which is scheduled to end in June. I am supposed to receive a letter from an attorney, but I don't have any indication that it's related to my probation, and there hasn't been any incident or violation of my probation terms. I haven't received the... View More

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answered on Apr 12, 2025

If an attorney is contacting you while you're on probation, there could be several reasons, even if you haven't violated any terms. It’s possible that the attorney is reaching out about a routine matter related to your case, such as your upcoming probation termination in June.... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: OWI charge in Indiana not scheduled within 20 days. Dismissal possible?

I was charged with OWI in Indiana, and my initial hearing was not scheduled within the 20-day period required by Indiana Code Title 35, § 35-33-7-1. There has been no communication regarding this delay. Is this a reason for dismissal or some other legal action?

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answered on Apr 12, 2025

Under Indiana law, if a defendant is not brought to trial within 20 days of being charged with an OWI (Operating While Intoxicated), they may have grounds to request a dismissal. This rule is part of the statutory right to a speedy trial, which is designed to prevent unnecessary delays in the legal... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Indiana on
Q: Can I press charges for unauthorized recordings during visitations in Indiana?

I'm currently involved in a contentious custody battle regarding my 8-year-old son, for whom I only have 3 hours of visitation every Saturday in Indiana. I've discovered an audio recorder in my son's backpack that was used to record our visits, which his mother denies initiating,... View More

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answered on Apr 12, 2025

In Indiana, it is illegal to record someone without their consent in most situations, including private conversations like those during your visitation. However, Indiana is a "one-party consent" state, which means that if one party to the conversation is aware of the recording, it may not... View More

2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can "Fruit of the Poisonous Tree" be used as a defense for meth found after false gun report?

Someone falsely reported to the police that I had a gun. When pulled over, I fled because I was without a license. Although I did not have a gun, the police found meth in my truck's cooler. I'm charged with possession and intent to distribute, although there's no fingerprint or DNA... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 4, 2025

Likely not, had the police pulled you over simply because of the false allegation of a gun, you might have a good chance. However, because you fled, the discovery of the meth was likely as a result of a search incident to an arrest. The definitive answer will depend on the fine details of the... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Indiana on
Q: Is it a violation of my rights for probation to be held open for 10 years with no new charges?

I was on probation in one county in Indiana and was supposed to start probation in a second county after dealing with an incident involving an officer who was drinking on the job. I was charged with resisting law enforcement but found not guilty. Although I've had no new charges for the past... View More

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answered on Apr 7, 2025

It sounds like you've been facing a very challenging situation with your probation. While there are no strict limits in Indiana regarding how long probation can last, generally, probation should be tailored to help individuals reintegrate into society. If you've had no new charges or... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: How can I address missing video evidence and false allegations in my Indiana criminal case?

I am currently involved in a criminal case, and I believe that key video evidence was not presented correctly. The video in my possession has missing parts, which I suspect were excluded to cause prejudice or confusion. Additionally, the plaintiff has made false allegations against me. I cannot... View More

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answered on Apr 12, 2025

If you believe that video evidence has been tampered with or presented incorrectly, you should bring this issue to the attention of the court. You can request an evidentiary hearing to review the video and any discrepancies. If possible, provide a copy of the video you have, highlighting the parts... View More

2 Answers | Asked in Criminal Law, Child Custody and Family Law for Indiana on
Q: Facing Level 6 felony charges for alleged kidnapping despite having permission proof from custodial parent.

I am facing accusations of kidnapping and have been charged with two Level 6 felonies because someone claims I took my daughter across state lines without permission. However, I have Facebook messages proving I had permission from my daughter's custodial parent to take her. How should I... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 31, 2025

Make sure you take screenshots of the FB messages so they are not deleted or lost. You should also hire an attorney or request a public defender and give then the FB messages.

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1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: What legal actions can I take for harassment and arrest by campus police?

I have been experiencing ongoing issues with campus police, including being followed by officers and denied a report when I attempted to report the harassment. The officers refused to provide their names and later admitted on camera to following me, only to backtrack afterward. I was arrested a... View More

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answered on Apr 2, 2025

You have several options to address the harassment and wrongful arrest by campus police. First, document everything thoroughly - dates, times, officer details if available, and all interactions including the video evidence of them admitting to following you. This documentation will be crucial for... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Facing charges of theft in Indiana; need guidance

I'm facing a legal issue with my parents, who are trying to charge me with theft, accusing me of stealing my mom's phone, which I didn't know existed. Previously, I took my own phone back and also stole my stepdad’s phone because I wanted a phone to play games on the bus and... View More

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answered on Apr 12, 2025

First, it's important to understand that you have the right to defend yourself against these accusations, especially if you didn’t steal your mom’s phone. Since you haven’t been formally charged yet, it’s crucial to stay calm and not assume the worst. If the police or the court... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Q: Can Indiana prosecute women for 2017 legal abortions under Roe v. Wade?

Can Indiana prosecute women who had legal abortions in 2017 while Roe v. Wade was still in effect?

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answered on Mar 28, 2025

You may be wondering if Indiana could prosecute you or anyone else for having a legal abortion in 2017 when federal law protected the procedure. Under the legal framework in place at that time, the procedures were lawful and supported by established constitutional precedents.

You should...
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