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Indiana Criminal Law Questions & Answers
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

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Why did the police take my guns and keep them after they were used as self defense?

I’ve had my firearms confiscated from me by the police after my home was being burglarized by thieves and I used it as self defense no one was injured but the police still took it as “evidence” the case was dropped and over it’s been a year and I still get a run around about getting my guns... View More

James L. Arrasmith
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answered on Apr 5, 2024

I'm sorry to hear about your situation. It must be very frustrating to have your property taken and not returned even after your case was dropped.

The specific laws and procedures around confiscation and return of firearms used in self-defense incidents vary by jurisdiction. In some...
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1 Answer | Asked in Federal Crimes and Criminal Law for Indiana on
Q: My son was arresting for violating probation how long does it take to booked him in? It’s been 10 days

He was arrested at his probation meeting his probation officer called and told me he was being detained for violating probation I keep calling the sheriff office and jail and looking on the website he still is not booked in today is day 10.

James L. Arrasmith
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answered on Mar 30, 2024

When a person is arrested for violating probation, the booking process typically begins shortly after the arrest. However, the duration it takes for the booking details to appear online or for the jail to provide information can vary greatly depending on several factors, including the specific... View More

1 Answer | Asked in Child Custody, Immigration Law, Criminal Law and Family Law for Indiana on
Q: My wifes former spouse is a current green card holder, He raped my wife. Where can i file papers Arrest and deport him.

My wife has had her family taken and turned against her, She has encountered a very difficult life since the Rape occured. Her ex spouse has taken all her properties, Her 2 children, Stalks her, Harrasses her, Forced her into medications to control her. I am her husband Kenneth, Here recently her... View More

James L. Arrasmith
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answered on Mar 22, 2024

I'm truly sorry to hear about what your wife and you are going through. It's crucial to prioritize her well-being and safety. You should report the rape and other criminal activities committed by her ex-spouse to the local police as soon as possible. They can initiate an investigation and... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I have two charges from 1985. altered driver's license and it was dismissed. criminal conversion does this

disqualify me from becoming a notary public?

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 20, 2024

I do not know specifically if the conversion would prevent you from becoming a notary, however conversion is a crime of dishonesty, therefore more than likely it would disqualify you. It appears you would qualify to have the cases expunged off your record. Consider consulting with a criminal... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I was arrested last Sept. 22 ,two F 6's, poss. charges. I am, on March 20, 2023, just being arrained. Is this legal?

in Sept of 22, I bonded out of jail two days later on 1200 cash bond. I hadn't been arrained yet at this time. I was gave a paper with a court date for arraignment the following week. The jail messed up, they said, cause the date on the paper was on a Saturday. The jail advised me the... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 17, 2024

The State has 48 hours to have charges filed and probable cause to be determined by a judge or magistrate. Since you bonded out the time requirement no longer applies. The State has five years from your arrest date to file charges.

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for Indiana on
Q: Someone who commits battery against a person w/ c.ptsd disability then reports disabled person could be charged w/what?

After a verbal insult he lunged 2 grab me puts me in headlock smashing face/nose where I heard nose crunching, & couldn't scream breathe as he's twice my sz. in attempts to free myself he sustained 2 minor scratches yet he reported it & had me arrested for battery while I, in... View More

James L. Arrasmith
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answered on Mar 9, 2024

Based on the information you provided, it seems that you may have a valid self-defense claim against the battery charges. In many jurisdictions, individuals have the right to use reasonable force to protect themselves from imminent harm. Given that the other person initiated physical contact by... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: My ex husband was charged with a burglary that he tried to tell police I did.

Police came to my house, out of jurisdiction, numerous times. I called them finally. They wanted dna to rule me out as a suspect. I gave it to them, as I was on probation and thought I had to. While the officer was taking the sample, he asked me why I thought my ex husband and my kids father ( 2... View More

James L. Arrasmith
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answered on Mar 8, 2024

In situations where your statements to police are included in a discovery document that could compromise your safety, it's essential to address the issue promptly. The police have procedures for handling sensitive information, but mistakes and oversights can happen. If your safety is at risk... View More

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Arrested with out probable cause or warrant from home? 5 days later arrested from home again but they had warrant.

Incident of neglect 2/2 child was taken. 2/3(saturday) sheriff come knock and just comes in asked to speak with me. I was read rights. I said I didn’t want to speak without lawyer. He arrested me then jail then bailed out. 2/8 the same sheriff comes to arrest me again then jail and I bail out.... View More

James L. Arrasmith
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answered on Feb 26, 2024

Being arrested without probable cause or a warrant can raise serious questions about the legality of the arrest under the U.S. Constitution, specifically the Fourth Amendment, which protects against unreasonable searches and seizures. If an arrest is made at your home without a warrant, there need... 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: 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: 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 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: 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 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 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

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