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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: in indiana< if i violate probation efore the expire date, but did not committ a crime will my probation end

i have a vop issued before my probation end date but not for comitting a crime. only for technical violation< now my end date has passed does that mean my probation is over

Elizabeth  Milliken
Elizabeth Milliken
answered on Nov 14, 2024

A Notice of Probation Violation automatically extends the probation period until the violation is resolved.

If the violation is based upon failure to pay fines or probation fees and you are not able to pay, you are entitled to an indigency hearing. If the judge finds you indigent, then...
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1 Answer | Asked in Criminal Law, International Law and Land Use & Zoning for Indiana on
Q: Why did the FBI emergency tip line refuse to accept my evidence of bombs planted in the streets where I live?
James L. Arrasmith
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answered on Nov 15, 2024

I understand this is a very concerning situation that requires immediate attention. Your safety and the safety of your community are paramount.

If you believe there are explosive devices in your area, you need to immediately call 911 - this is the most appropriate emergency response...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Why would an attorney put in a motion to withdraw after a case has been decided in Indiana?
Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 31, 2024

If it is a criminal case and a plea agreement has been entered or after a trial the person has been sentenced to probation, the reason for the attorney's appearance in the case has concluded. If the attorney did not withdraw and there were a probation revocation, then the attorney would be... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Indiana on
Q: Is it OK for a 15 year old to be putting their hands on a 4year old and they are leaving marks on them

It's my 15 year old daughter doing it to my son I'm just over her doing that to him she is always mean to him and she does it on purpose

Elizabeth  Milliken
Elizabeth Milliken
answered on Nov 14, 2024

Based on the facts you gave, I would say it is not okay. In fact, if your daughter is intentionally hurting your son, she could be charged with a criminal offense. Additionally, you are obligated by law to protect your son from being harmed by your daughter. This means if DCS were called due to... View More

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Indiana on
Q: Look up case numbers 4:2024cv00033, 4:24-cv-00002, and 4:2024-cv-00032 can any one help me. Please

I was assaulted by 5 people. I was beat with a 5 ft metal pipe, beat with 2 Louisville slugger baseball bats, kicked and stomped up and down my body, and shot.

What lead to the situation was on September 16th 2021 my stepson died who was more like my real son his mother and I split up... View More

Charles Candiano
Charles Candiano
answered on Oct 15, 2024

This can't work unless you ask a question. You have not asked a question. Criminal charges must be filed against your wife/ex-wife. To be credible, the situation should have been reported to the police as soon as you had received necessary emergency medical care. Again, it is impossible... View More

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1 Answer | Asked in Criminal Law and Internet Law for Indiana on
Q: Is it illegal to search for somebody’s new instagram account after they moved accounts?

Not to contact the person or send messages. For the purpose of avoiding an ex online.

James L. Arrasmith
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answered on Oct 11, 2024

Looking to find someone's new Instagram account to avoid online interactions is generally not illegal. Public profiles are accessible to anyone, and searching for them doesn't typically violate any laws. However, it's important to respect privacy settings and boundaries set by the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Police raided my home removed property arrested they had wrong home won't return property

How do get our property back can we sue

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry to hear what you've gone through. The first step is to contact a qualified attorney who can guide you through the legal process and help you understand your rights. They can assist in filing the necessary paperwork to recover your property and address any wrongful actions taken... View More

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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