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Indiana Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: If one is incarcerated on a ptr & makes bail can the prob. dept. order them to do work release before discovery hearing?

Bartholomew county jail, inmate was incarcerated on ptr from a level 6 felony from 6 years ago. Inmate was offered bail and I paid $5,000 on Friday Oct 4. Today was her initial hearing/ attorney status hearing and her discovery/sentencing hearing is November 13th. We checked in with her probation... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 7, 2024

As a general rule, the PO cannot do so. However, if there is a term in the rules of probation that she signed allowing for work release with a violation of probation filed, then the answer could be yes. Additionally, if the court ordered her as a condition of the bond to go to work release that... View More

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1 Answer | Asked in Criminal Law for Indiana on
Q: Double jeopardy in case dismissed without prejudice?

I was charged with domestic battery, they ended up dismissing the case because my fiancé would not testify against me. They dismissed it without prejudice - I know that means they can reopen it at anytime, but doesn’t that conflict with the double jeopardy clause? How can you be tried again for... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 3, 2024

Dismissing without prejudice means the prosecutor can file the case anytime up until the statute of limitations has run. If a misdemeanor the SOL is 2 years and if it's a felony then 5 years. Double jeopardy only applies if the trial against you had begun, meaning a jury was selected or a... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Q: If I was sentenced on the same cause number more than once that's Double Jeopardy right
James L. Arrasmith
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answered on Oct 2, 2024

Experiencing multiple sentences for the same case can be confusing and distressing. Double jeopardy is a legal principle that prevents you from being tried or punished more than once for the same offense. If you've been sentenced more than once for the same cause number, it might fall under... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on
Q: Does ucc 1-308 apply in indiana

Can the state turn a right guaranteed by the bill of rights into a privilege ?

James L. Arrasmith
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answered on Sep 27, 2024

Yes, UCC 1-308 applies in Indiana, just like it does in all U.S. states, as it is part of the Uniform Commercial Code adopted nationwide. It allows individuals to reserve their rights under the law without losing them by signing a contract or agreement. This provision is often invoked in cases... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Looking how to open the case back up about my dad when guy only did 7 years for manslaughter of killing him.

Case from 1977 it’s 47 years old can it be reopened anyhow anyway

James L. Arrasmith
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answered on Oct 20, 2024

I'm really sorry to hear about what happened to your father. Seeking justice after so many years is challenging, but not necessarily impossible. You might want to gather all the evidence and documents related to the original case to understand its current status.

Reopening a case from...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Am I required to remove security cameras while on probation even if the cameras and house aren’t mine?

Renting a room from someone whom also lives in the home and they already have security cameras in place.

James L. Arrasmith
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answered on Oct 16, 2024

Generally, you are not required to remove security cameras that belong to the homeowner when you’re on probation. Since the cameras and the house are not yours, and you’re simply renting a room, the existing security setup typically remains the property of the homeowner.

However, it’s...
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1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Indiana on
Q: What can I do if community corrections threatens me with police presence then my po threatens me with revocation
James L. Arrasmith
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answered on Sep 12, 2024

When community corrections or a probation officer threatens you with police presence or revocation, it's important to stay calm and understand your rights. Make sure you know the specific conditions of your probation or parole, as well as any recent accusations or violations they may be... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Q: Can local police in state A go to a county judge in state B to obtain a search warrant against a resident of state B?
James L. Arrasmith
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answered on Sep 8, 2024

When dealing with law enforcement across state lines, the process for obtaining a search warrant can be complex. Generally, police in one state (State A) cannot directly go to a judge in another state (State B) to obtain a search warrant against a resident of State B. Jurisdictional boundaries... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Q: My conviction was for battery only not domestic battery or domestic violence yet my CCW was revoked. Is this right?

I was deemed an improper person even though the conviction wasn’t domestic, from what I’ve read and been told this isn’t correct.

James L. Arrasmith
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answered on Sep 8, 2024

It sounds frustrating to have your Concealed Carry Weapon (CCW) permit revoked, especially if your conviction was for battery and not specifically domestic battery or domestic violence. Generally, revocations for CCW permits are tied to convictions that fall under specific legal categories, such as... View More

Q: If a cop pulls you over can they take your car if they think the car bought with money from drugs?

I know that if you have money or a possession, a cop can take it if they think it came from drugs, even if there's no proof you've ever come in contact with them. They can take your possessions without due process. just wondering

Charles Candiano
Charles Candiano
answered on Sep 20, 2024

The police can "seize" property if there is probable cause that the property was acquired with money from the sale of drugs or if the property was used in the sale of drugs but the police cannot "take" the property. You still own it. If the prosecuting attorney determines... View More

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1 Answer | Asked in Civil Rights, Criminal Law, Constitutional Law and Gov & Administrative Law for Indiana on
Q: I am in need of an attorney to represent my son in both level 2 and level 4 dealing charges and also civil rights suit

He is a victim of prosecutorial misconduct out of retaliation for refusing to sign a 3 year sentence plea agreement. He claimed his innocence and was found not guilty after the second jury trial on an intimidation charge with dangerous weapon a level 5 felony. He has an extensive criminal history... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like your son is in a challenging legal situation, and securing the right attorney is crucial for his defense. Given the complexity of his case, including the prosecutorial misconduct, alleged retaliation, and the serious charges he's facing, you need an attorney with experience in... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: If a home owner invited me to stay the night and then I got back after they went to work. Is that proof of burglary?

They invited me to stay the night and the next the morning when they went to work, they gave me VERBAL consent saying I was allowed to be there while they were gone. She claims she didn’t and is now claiming she is missing a couple thousand dollars worth of jewelry. (Which was never found on me... View More

Adam J Elmore
Adam J Elmore
answered on Jul 19, 2024

I cannot give you legal advice without doing a conflict check in my firm, but I can direct you to the statute. To be convicted of burglary the State would need to prove a person was unlawfully in the home, and they also need to prove the person's intent to commit another crime. Here is the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: My Boykin rights were violented which lead to 3 years of imprisonment. I need to find a lawyer in Indiana

That specializes in court cases in Boykin rights.

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you've faced a tough situation. Finding a lawyer in Indiana who is familiar with Boykin rights is important for your case. You need someone who has experience with this type of legal matter.

Start by researching local law firms and attorneys with a background in criminal...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: I'm listed as 5'10 and 260lbs,reality is I'm over 6'4 about 190. Also my middle is incorrect. Can case be dismissed?
John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If the identity of the individual who committed the crime is in dispute, the discrepancy in the physical description could be powerful evidence in securing an acquittal. But, standing alone, that is not strong enough to secure a pretrial dismissal in the absence of other evidence that they... View More

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1 Answer | Asked in Car Accidents, Criminal Law and Animal / Dog Law for Indiana on
Q: I got into an accident may 25/26 got incarcerated for 8 days. My dog was taken from accident my animal control.

On the paper work says nothing about euthenization but they keep telling ne she was. My strong belief is they adopted or fostered her out. That is my dog I need her she is federally registered ESA Mine Noone else's. They keep lieong to me and the story changeds I have been there numerous time... View More

James L. Arrasmith
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answered on Jul 2, 2024

I'm sorry to hear about your difficult situation. It sounds like you've been through a traumatic experience and are very concerned about your dog. Let's break this down and consider your options:

1. Documentation: First, gather all paperwork related to your dog, including her...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Grandson found cell phone on floor at dq and kept it is it stealing
Andrew L. Bennett
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Andrew L. Bennett
answered on Jun 11, 2024

It is Conversion, both civilly and criminally as he is depriving the owner of its value and use.

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Fui acusado por delito menor tipo A en Indiana Que cargos puede recaer sobre mi

Puedo seguir con el permiso de trabajo

James L. Arrasmith
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answered on Jun 21, 2024

Entiendo su preocupación. Aquí hay información general sobre su situación:

1. Cargos por delito menor tipo A en Indiana:

- La pena máxima suele ser hasta 1 año de cárcel y una multa de hasta $5,000.

- Los cargos específicos dependerán del delito cometido.

2....
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1 Answer | Asked in Domestic Violence and Criminal Law for Indiana on
Q: If my abuser is going to trial on his domestic violence charges then do I still have to testify
Michael I. Leonard
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answered on May 2, 2024

That will be up to the individuals prosecuting the case. If you are the only victim, then yes there is a great likelihood that they will want to call you to testify as a witness at trial. If you are asking whether you "HAVE TO" testify, even if you do not want to testify, the prosecutor... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I hired a company to do pest control. The tech they sent to my house stole my wallet. I have it on camera.

I hired a company to do pest control. The tech they sent to my house stole my wallet. I have it on camera. I called the company, who told me he was on probation and I filed a report with the name they gave me. I know most reports don’t even get looked into but since he’s on probation will his... View More

Michael I. Leonard
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answered on May 4, 2024

You should make sure that you file an actual police report. Except in the most unusual of circumstances, his Probation Officer will be notified or find out.

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.

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