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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Social Security for Indiana on
Q: If your a victim of identity theft fraud from a child up to an adult on social security

Also identity theft and insurance policy was mine

James L. Arrasmith
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answered on Feb 22, 2024

If you've been a victim of identity theft from childhood into adulthood, including fraud involving Social Security and insurance policies, it's crucial to take immediate action. Start by reporting the identity theft to the Federal Trade Commission (FTC) through their website,... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Can someone explain if it's a real crime to pose as a law enforcement officer? Difference between pose/impersonating?

My ex boyfriend is stalking & harassing me. He sent me a pic on my cell phone of himself wearing a shirt that clearly has the DEA patch or logo on it. He then tried to tell me he's a DEA agent and I'm going to down in a major drug investigation. He knows I was smoking weed (?) Now... View More

James L. Arrasmith
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answered on Feb 21, 2024

Posing as a law enforcement officer is indeed a real crime, and it is known as impersonating a police officer. The key difference between posing and impersonating lies in the intent behind the action. Posing typically refers to presenting oneself as something they are not, while impersonating... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: In 2007 I was convicted of 4 counts of Child Solicitation all under the same cause number. Do I register for life?

My registration end date was 6/27/23 IDOC changed it to life on 6/7/23. Is that legal?

James L. Arrasmith
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answered on Feb 23, 2024

Whether you are required to register for life as a result of your convictions for child solicitation depends on the laws in your jurisdiction and the specific details of your case. In many cases, individuals convicted of certain offenses against minors may be required to register as sex offenders... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: First time level 6 felony , what amount of jailtime. Or can.probation be an alternative to jail.

Does rehab help lesson the punishment for a level 6 felony

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 6, 2024

A level 6 felony has a penalty range of 6 months to 2 1/2 years in jail or prison. However, the incarceration for the person can be suspended and placed on probation. Rehab will not lessen the penalty per se but is a mitigating factor in determining the appropriate sentence.

1 Answer | Asked in Criminal Law for Indiana on
Q: How many days does a jail do a courtesy hold for another county?

I just bonded my boyfriend out from county jail but he has a hold in another county. Both jails are located in Indiana and they are located within 30 minutes of each other. I know there is usually a limit on how long a jail will hold an inmate for another county. So how many days do they have to... View More

T. Augustus Claus
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answered on Feb 1, 2024

In Indiana, the length of time a county jail will hold an inmate for another county varies, but it typically ranges from 48 to 96 hours. This time frame allows the other county to arrange transportation and pick up the inmate. However, specific procedures and time limits may differ depending on the... View More

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Products Liability for Indiana on
Q: My personal and private information has been Breached without any type of USPS mail email or by phone from a few Giants

Equifax Data Breach being the most recent but now since I it have found out about all these things and filling for the settlement and claims with the cfpb and ftc and all 3 bureaus and others no changes have been made I personally raised My own over 300 plus points no updates check all My data... View More

Charles Candiano
Charles Candiano
answered on Jan 31, 2024

The way this works is you ask a question and we do our best to answer it. I don't see any question. Please rephrase.

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Indiana expunction and firearms rights

In 2022 I was granted I.C. 35-38-9-4 expunction for dealing meth. My FBI criminal history as of 12-12-23 shows A SEARCH OF THE FINGERPRINTS PROVIDED BY THIS INDIVIDUAL HAS REVEALED NO PRIOR ARREST DATA AT THE FBI. Indiana's criminal history report shows my dealing charge with EXPUNGEGED.... View More

James L. Arrasmith
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answered on Jan 28, 2024

Based on the information provided, it seems there may be an erroneous denial of your firearm rights by the FBI. A few key points:

- Indiana Code 35-38-9-4 expungement restores your rights, including firearm rights, as you would be considered a "proper person" under state law. This...
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1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Victim of a crime drugged unknowingly charged with crime OWI
T. Augustus Claus
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answered on Jan 24, 2024

Firstly, gather any evidence or information that supports your claim of being unknowingly drugged. This may include witness statements, medical records, or any other relevant documentation.

Next, contact a criminal defense attorney in Indiana. Provide them with all the details surrounding...
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1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Indiana on
Q: As an out of state resident, can a person 18-21 privately purchase and apply for a CCW for a handgun?
James L. Arrasmith
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answered on Jan 18, 2024

Unfortunately, based on Indiana law, it does not appear that an 18-21 year old non-resident would be able to privately purchase a handgun or obtain an Indiana concealed carry permit. Here are the key reasons:

• Private handgun purchases - Federal law prohibits federally licensed firearms...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can a detective record our conversation in my home without my consent in Elkhart,Indiana?
James L. Arrasmith
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answered on Jan 16, 2024

I do not have enough information or context to definitively state if a detective can record a conversation in a private home without consent in Elkhart, Indiana. However, here is some general information about recording laws in Indiana:

- Indiana is a "one-party consent" state...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: If I'm not fully lucid after being woken up suddenly by an officer and he gets my consent to search, is it lawful?

My fiance was sleeping in her car after a 17 hour shift, she parked in a legal parking spot to take a nap in order to avoid trying to drive while sleep deprived. According to a lawrenceburg, IN policeman. Someone had called the police worried about her welfare. The officer rudely and violently beat... View More

James L. Arrasmith
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answered on Jan 16, 2024

Based on the details provided, there are good arguments that the search was not lawful due to your fiance's diminished mental capacity when she supposedly consented. A few key points:

- Consent searches require voluntary, knowing, and intelligent consent. If the person is not fully...
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1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Indiana on
Q: How long does a court have in Indiana before you have to be formally charged while you’re in custody for the charges?

I was held in the jail from December 7th til the 18th when I bonded out. I wasn’t booked into the jail or given a call until the 10th at which time they told me I had a no contact order and already placed a call to the alleged victim. I wasn’t seen in court until the 15th of December which is... View More

James L. Arrasmith
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answered on Jan 7, 2024

In Indiana, the law requires that an individual who is arrested must be brought before a judge for an initial hearing without unnecessary delay. Typically, this should occur within 48 hours of the arrest. If the initial hearing does not happen within this timeframe, there may be grounds to... View More

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Indiana on
Q: If someone witnessed her boyfriend beat up his mother & police were to be called but upon arrival the fight was over.

Mother wouldn't admit what happened nor would press charges either because she was afraid or because he was her son & didnt want to get him in trouble but signs were visible of fresh wounds. He has also been on house arrest for several years for drugs but about done with his time. Is there... View More

Charles Candiano
Charles Candiano
answered on Dec 30, 2023

Whether anyone is charged with a crime in the state of Indiana is within the sole discretion of the County prosecutor and his/her deputies. On your facts, your testimony would be sufficient to charge the offender and probably sufficient to convict him. That said, many prosecutors will refuse to... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Someone walked into BMO bank and forged a withdraw slip in another state for $16600 from savings. Runaround from bank

We live in Plainfield Indiana and Dec 12 a man went into a Chicago BMO bank and forged our name and took $9300 out of my moneymarket acct and the next day went to another BMO branch in Chicago and took $7300 out in the drive through. We called police on Dec 14 and papers filled out at bank here in... View More

Jeff Cardella
Jeff Cardella
answered on Jan 6, 2024

I would suggest speaking to the prosecutor's office in Hendricks County, Indiana to get an update on the case. I would also speak with the bank directly to dispute the account activity. If you do not have luck with the prosecutor's office or the bank, you may want to consider speaking... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Gov & Administrative Law for Indiana on
Q: IN Law: Is a school that’s been abandoned 10+ years still considered “school property” ?
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answered on Dec 28, 2023

In Indiana, the status of a property as "school property" is typically determined by its legal designation and ownership, rather than its current use. If a school has been officially abandoned and is no longer owned or maintained by an educational institution, it may no longer be... View More

1 Answer | Asked in Juvenile Law, Criminal Law and Civil Rights for Indiana on
Q: Seeking Guidance: Concerns about Juvenile Justice in Johnson County Case, Request for Support

Hello, I'm reaching out because I'm deeply concerned about a situation in Johnson County involving a black teenager charged as an adult in a murder case who has a mental illness.

James L. Arrasmith
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answered on Dec 23, 2023

In Indiana, the case you're describing in Johnson County raises important questions about the juvenile justice system and how it handles cases involving minors with mental illness. When a minor is charged as an adult, it brings into focus the balance between public safety, the severity of the... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I'm court ordered to a deposition regarding drug charges that a family member acquired he saying drugs were mine idk wht

I was at a different residents next door when law enforcement found drugs in his home he was on probation I am not but he is now claiming drugs were mine Im confident there Is no case but an educated opinion would be nice thank u

Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 12, 2023

If you are court ordered to appear at the deposition then you need to go. However, you should not go without an attorney since anything you say will be recorded an can be used against you. Contact a local criminal defense attorney and discuss the situation.

1 Answer | Asked in Criminal Law for Indiana on
Q: Should I admit to my charges, if there is a lack/no proof against me
Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 1, 2023

If there is lack or no proof of the allegations against you, why would you admit. You should consult with a local criminal defense attorney to discuss your options. Most attorneys offer a free consultation.

1 Answer | Asked in Criminal Law for Indiana on
Q: I was arrested in April 2023 during a traffic stop on an FTA warrant.

I was arrested in April 2023 during a traffic stop on an FTA warrant. At the jail I was given jail attire to change into. During my dress out the officer found a bag of Methamphetamine inside my underwear, the jail officer contacted the arresting officer to inform him and he came back to the jail... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 1, 2023

You should discuss this with your attorney. If in fact both are from the same incident, then he/she should request the warrant be recalled.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can I get another attorney instead of free lawyer for my case? and I want to pay for that if he can get me another date.

I need to go to another county to turn myself in and not sure if I can do that or another lawyer can get another date for me

Andrew L. Bennett
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Andrew L. Bennett
answered on Nov 27, 2023

You can always hire your own attorney even after the court appointed you a public defender. Use the find a lawyer tab on this site and look for a criminal defense attorney in your area. Discuss the situation with the attorney to see about getting a new date. Most attorneys offer free... View More

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