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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can Indiana hold inmate longer than 30 days on extradition warrant out of Oklahoma?

No charges in IN. 3 misdemeanor charges from OK. What to do if inmate is not released?

Andrew L. Bennett
Andrew L. Bennett answered on Aug 3, 2020

The person needs to file a motion with the court where they are being held asking they be released. Also someone should advise the correct county in Oklahoma that the person is in-custody in Indiana and request they start the extradition process.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Indiana on
Q: Can I sue for discrimination if someone is harassing me calling me names cause of my disabilities and taking my money

The girl is calling me retarded and blacked mailed me into giving her money and then steal money from my bank account and keep telling me I’m retarded and that I should kill myself

Andrew L. Bennett
Andrew L. Bennett answered on Aug 2, 2020

You need to call the police, it is very likely she is committing several crimes.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a 16 year old get in trouble for getting a 14 year old pregnant?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 2, 2020

It is sexual misconduct with a minor, however you may be protected by the Romeo & Juliet statute.

1 Answer | Asked in Criminal Law for Indiana on
Q: Are there limitations put in place that allow the defendant only three continuance in their case?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 2, 2020

The number of continuances in any case is dependent on the specifics of the case, how it is progressing and the judge.

1 Answer | Asked in Criminal Law for Indiana on
Q: I lived in California. I was arrested for possession of sells of marijuana. I completed my probation.

Later they legalized marijuana and dropped my case, now I don't have a felony on my record. Is it possible if I could get a firearm permit?

Andrew L. Bennett
Andrew L. Bennett answered on Aug 2, 2020

If by "dropped my case" you mean expunged and there is no other reason preventing you from possession of a firearm, the Indiana expungement statute does allow for the restoration of your Indiana gun rights, however, you may still be precluded federally. You should consult with a local... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Will I be drug tested in court for felony auto theft in Indiana?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 1, 2020

It will depend if you are on Pre Trial Supervision and what the conditions of your bond are from the court.

1 Answer | Asked in Criminal Law for Indiana on
Q: My fiance is awaiting extradition from Indiana to Oklahoma on 3 misdemeanor charges. How long will they hold him?

He was arrested on 7/4/20.

Andrew L. Bennett
Andrew L. Bennett answered on Aug 1, 2020

If there are no charges in Indiana and its only the extradition, there should have been an extradition hearing. If he waived extradition, then Oklahoma has 10 days to arrange transportation. If he denied extradition, then Oklahoma would need to go through the Governor's warrant process to... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: In the state of indiana who's name legally does a search warrant for a home address have to be in to be valid?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 1, 2020

If you are asking if a search warrant has to list the owners name for an address that is listed on the search warrant; there is no requirement to list the owners name. The search warrant must specify probable cause to search the address and give specific details of the address, generally this... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Friend arrested 7/20/2020. Jail has charge but none filed with courts. Should he be released?

Domestic battery charge

Andrew L. Bennett
Andrew L. Bennett answered on Jul 26, 2020

The jail may have a bond schedule, set by the judges, for posting a bond based on the offense charged. A judge must determine probable cause generally within 48 hours. If PC has been determined and signed off by a judge he could be held until his first scheduled court date if there is no bond... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: I'm wanting to get a battery f5 charger dropped on my partner that I didn't press but state did. How can I
Andrew L. Bennett
Andrew L. Bennett answered on Jul 18, 2020

It is not your choice if the case proceeds or is dismissed, it is entirely the prosecutor's choice. In Indiana a victim does not press charges, the State presses charges and the victim is a witness who does have some say so in how the case proceeds. The prosecutor is legally obligated to ask... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: i want to write my judge and request a hearing to surrender myself for a violation of probation warrant

i went to my probation appointment. she said we needed to hurry because court was about to begin and they could not have anyone in probation because of COVID-19 orders. i went to give my screen and we waitned for about 5 minutes i could not go. she said go out and try drinking something and let the... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jul 15, 2020

It would appear your PO believes you intentionally did not give a sample because you knew you were dirty and left to avoid giving a sample. You can write a letter to the judge regarding what happened and request a hearing, however, the court has no obligation to set a hearing. It may be far wiser... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Is it better to take probation or go to jury trial

Plead guilty for contributing to deliquency of 15 year old daughter. Would been dismissed 1 year but punched her dad got battery charge he dropped charges

Andrew L. Bennett
Andrew L. Bennett answered on Jul 15, 2020

There is not enough information to answer your question accurately. If you have an attorney you should discuss the pros and cons of the plea versus a trial.

1 Answer | Asked in Criminal Law for Indiana on
Q: It is now 7/14/20 isn’t his probation violAction time served?

My boyfriend got arrested for theft And sentenced to 365 DAYS JAIL - SUSPENDED TO 365 DAYS SUPERVISED PROBATION on 6/25/19. Then he violated his probation and was put in work release for the violation and he ran and got violated again on 1/2/20.

Andrew L. Bennett
Andrew L. Bennett answered on Jul 14, 2020

His probation time would have been tolled from filing of the first petition to revoke. Once in Work Release it should have taken some time off, but then the 2nd violation would have tolled the time again. Depending on how long from each violation to resolution in court he may be on probation for... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: It's my first time getting into trouble. I got residential entry and criminal mischief. What would most likely happen?

I went tubing with a friend for the first time and we ended up getting lost we walked for 4 hours through these plants that basically cut your legs up we were cold tired and in pain and we came across this property and we found a key and went in trying to find a phone charger to charge my phone so... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jul 13, 2020

What will happen will depend in large part on the specifics of your case, your lack of history, the court policies and the prosecutor's position. It will also depend on if you hire an attorney or go it alone, which is not advisable. If you cannot afford an attorney request a public defender.... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Indiana on
Q: My friends boyfriend just got picked up for misconduct with a minor will he still be able to be around his own children?

They have a one year old and are currently expecting another child. What happens if she doesn't leave him?

Troy Tyson
Troy Tyson answered on Jul 13, 2020

Matters like this are largely left to the discretion of the judge, and are based on the somewhat ambiguous standard of the "best interests of the child." Because of the potential complexity, it would be highly advisable to sit down with an experienced family law attorney, and discuss the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: How much would the fee be for representation to “Vacate” a warrant?
Andrew L. Bennett
Andrew L. Bennett answered on Jul 7, 2020

The answer would depend on what type of case, is it a felony or a misdemeanor, the prosecutor's position, and the judge's policy. There is no guarantee a warrant would be vacated. Also why would you hire an attorney to vacate the warrant, but not for further representation?

1 Answer | Asked in Criminal Law for Indiana on
Q: after sentencing, how long does it take to change the charges on your personal record, had felony, now misdamenor

i was charged with 2 felonies,i signed a plea dropping 1 and changing the other to a conversion misdemeanor, i paid full restitution that day as well, how long does it take to change the pending felony charge to a misdemeanor that i was sentenced to? i have a back ground check being ran next week,... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jul 2, 2020

It depends on how fast the central repository updates your records after they receive notice. However, you should expect the process to take at least a month, the clerk with have to process the plea and send the changes on to law enforcement. After the update, your criminal history will likely... Read more »

2 Answers | Asked in Criminal Law for Indiana on
Q: my son is persona non grata in Indiana almost 10 years instead of going to court for alledgedly selling hash Never tried

My son has been in no trouble at all since then and has no warrants against him. Can he come back?

Joel D. Hand
Joel D. Hand answered on Jul 2, 2020

I would need more information to answer your question so that I could look up his case information to see what happened with it. Do you have the cause number? If not, I might be able to look it up with your son’s name and date of birth.

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1 Answer | Asked in Criminal Law for Indiana on
Q: I live in Marion County Indianapolis Indiana how do I get a protective order taken away me and my boyfriend live togethe
Andrew L. Bennett
Andrew L. Bennett answered on Jun 29, 2020

If its a protective order prepared by your boyfriend, he can go to court and request it be terminated or vice versa if you got the PO against him. If its a No Contact Order, the decision will be up to the court. Whom ever is the victim in the criminal case should call the Prosecutors Office to... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a cop after telling me I'm not under arrest detain me until a dog is brought on the scene to search my stuff
Andrew L. Bennett
Andrew L. Bennett answered on Jun 27, 2020

It really depends on the facts to answer your question accurately as your question is highly fact sensitive in its analysis.

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