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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: I can’t find information on marijuana laws in Indiana. Can I smoke in my backyard or can my neighbors call the police?

I want to be able to smoke outside, but I’m worried if a neighbor smells it that they will call the police. Since I wont be operating a vehicle can I get in trouble?

Andrew L. Bennett
Andrew L. Bennett answered on May 6, 2021

Marijuana is illegal to use in Indiana, whether on your personal property or public property. If your neighbors call, you could get in trouble.

1 Answer | Asked in Criminal Law for Indiana on
Q: Why would a felony D Theft be the charge in Indiana on a case where $85 was the amount allegedly taken?
Andrew L. Bennett
Andrew L. Bennett answered on May 4, 2021

In Indiana Theft is now a class a misdemeanor unless the value is over $750 then it would be a level 6 felony. However, if the offense took place under the old law, offense prior to 2014, where theft is a class D felony then the $750 threshold does not apply.

1 Answer | Asked in Criminal Law for Indiana on
Q: Dear Mr. Andrew Bennett:In answer to your question, DRUNK or STONED.

NO, He has been driving on a SUSPENDED license for 10 years. Had multiple vehicular accidents, has MANY FTA's. No, he was NOT drunk or stoned. What does that have to do with him hitting a HUMAN BEING, only stopping because there was a witness, or I would be DEAD. He was looking at a REAL... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 27, 2021

Previously you did not mention he failed to remain at the scene and was driving away but for a person stopping him. That fact would support a charge of leaving the scene of an accident as a misdemeanor. If your injures are within the definition of moderate or serious bodily injury the charges can... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: In the state of INDIANA, COUNTY of HANCOCK, town of GREENFIELD is it NOT a FELONY to hit a person with an automobile?

1. Car was driven by a person with a SUSPENDED (for 10 years) LICENSE

2. Woman who came to scene to get car provided (and DELIBERATELY) FALSE DOCUMENTATION.....RE......INSURANCE expired NOVEMBER 05, 2020, and that she was his wife......she is married to someone else to the POLICE OFFICER

Andrew L. Bennett
Andrew L. Bennett answered on Apr 26, 2021

There needs to be more facts to answer your question accurately. Did the driver deliberately hit the person? Was he drunk/stoned? Was the suspension a result of an offense or infraction? If it was an accident only then there would be no criminal charges for driving while suspended. However, if... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: If a person is brandishing a firearm on the city sidewalk and you're on your property can you shoot them with a handgun?
Paul Stanko
Paul Stanko answered on Apr 25, 2021

I don't know what you mean by "brandishing", but it would take far more than that to justify use of deadly force against that person. Keep in mind that there IS a right to bear arms, both for you and the other person. You can't just shoot people because they are armed.

1 Answer | Asked in Criminal Law for Indiana on
Q: Well my sister still get off parole if she doesn't come back?

She was doing good no new charges had a failed screen they wanted her to go to a rehab again and she decided to leave town. She has about 5 months left on parole and just wants to be done so she left. I'm just wondering if she will still be able to get off parole like she was originally going... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 19, 2021

If she has a violation of parole for a drug test and then chose to leave town without permission, she will have another violation and it is most likely she will have a warrant for her arrest. The longer she waits the worse it will get for her.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can they extend your probation when they modify it without telling you or having you sign paperwork about extending it?

I was sentenced to 258 days of probation on feb 10th they violated my probation in March and modified it in June of 2020. Now they violated me again in March 2021 but my probation should be over if they extended it I. Didn’t know and I never seen paper work or signed anything saying it was... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 17, 2021

When a probation revocation is filed it tolls the time of probation running thereby extending your probation. So when you were violated in March 2020 and it was then modified in June of 2020, if I have the facts correct then most likely your time was tolled while the revocation pended from March... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Hi. I am asking for a friend. So my friend and her ex boyfriend have a house together in Beech Grove, IN. They rent

And are Both on the lease. Her 18 son was staying there until the ex kicked him out. She went back today to get her some things and the ex thought her son was with her so he took his loaded gun and went outside and fired 4 shots at the jeep thinking her son was in there but he wasn't. Her... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 16, 2021

That would be a question for the officers who responded to the scene or their superiors. If he admitted to shooting the gun, they saw the gun and there was evidence of gun shots in the jeep, other witnesses who observed him shoot, the officers could have made an arrest. If those facts are... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Indiana on
Q: I have seen in some states if I’m 17 can I voluntarily runaway or is it illegal in Indiana ?
Andrew L. Bennett
Andrew L. Bennett answered on Apr 15, 2021

It is illegal in indiana to run away as a juvenile, however, you may be able to seek emancipation which is saying you are legally an adult.

1 Answer | Asked in Criminal Law and Juvenile Law for Indiana on
Q: My son has missed allot of school, can I eventually get in trouble for him not going??? How can I make him go legally?
Andrew L. Bennett
Andrew L. Bennett answered on Apr 13, 2021

Yes, you can be charged with educational neglect. If he is not showing for school, contact the school resource officer.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can my 15 yr old be arrested for being violent, destroying the house, breaking things? Hes a 6" 250 lb boy.
Andrew L. Bennett
Andrew L. Bennett answered on Apr 12, 2021

Yes, he can be charged through the juvenile court.

1 Answer | Asked in Criminal Law for Indiana on
Q: My friend was driving my car he got a dealing in possession of methamphetamine charge they found drugs on the floor

Does that make it mine because it's my car I got a possession charge probable cause charge so far

Charles Candiano
Charles Candiano answered on Apr 7, 2021

"Possession" means that something is "within your scope of control." It has nothing to do with "ownership." Drug laws intentionally make NO DISTINCTION between possession and ownership because it is contraband - illegal to have it - irrespective of whether it belongs... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Indiana on
Q: How do I know as a minor what kind of protection/restraining order was put on my boyfriend by my parents?

We began dating 7 months ago I was 15 he was 19, he's now 20. My parents knew about our relationship the entire time, but they decided to put a restraining order when they found details of our relationship. I'm just wanting to know if it is a restraining order that will expire, one I can... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 5, 2021

The protective order is likely for 2 years so it will expire before you turn 18, however, your parents may be able to get an extension. Additionally, if you and your boyfriend are sexually active and there is more than 4 years in age difference, he is committing Sexual Misconduct with a Minor... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Indiana sentenced under old law before July 1 2014 . violated twice as a condition of probation what’s the credit time

I violated twice 3 do 18 months... 180 do 90 days served then 144 days did 72 then 720 365 she is arguing it was condition of probation and credit time isn’t the same but that’s the new law and she says I still have a boat load of time left to serve I need to see if I can even dispute this and... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 3, 2021

You should contact the attorney who assisted you with the plea agreement to get a more definite answer, however, you should be getting day for day credit.

1 Answer | Asked in Criminal Law for Indiana on
Q: My 19yr old niece has had a membership @ a tanning salon for over a year now. Recently she took a “friend “ with her who

Influenced her to steal tanning lotions. She believes they are aware & seen her on camera. Can a warrant be issued & if so would it be issued immediately? Meaning after the police report was filed? We have no clue if any of this has happened she’s just VERY nervous to the point she won’t go to tan.

Andrew L. Bennett
Andrew L. Bennett answered on Mar 16, 2021

If charges are filed you would be able to see them on mycase.in.gov, unless the prosecutor requested the warrant be sealed.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Indiana on
Q: My son's daughter's mother is crazy

My son's baby mamma acted on text massages saying she was going to find and hurt his new gf , she came in to my home and beat her while she knew she was pregnant. She is in jail cps found her and her mother unfit to have my grand baby and gave my son guardianship. We want full custody how... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Mar 15, 2021

Your son should contact a local family law attorney to discuss his options and the best way to move forward with custody.

1 Answer | Asked in Criminal Law for Indiana on
Q: can a court convict me of a felony for arrears only?

daughter has been emancipated for almost 5 years, i have missed some payments for arrears and now the state has opened it as a new nonsupport case level 5 felony. again, i only owe arrears.

Andrew L. Bennett
Andrew L. Bennett answered on Mar 15, 2021

Yes, it is the arrears that is the basis for the charge of failing to pay child support. Hire an attorney asap

1 Answer | Asked in Criminal Law for Indiana on
Q: can you please impound my vehicle if I have a warrant out for my arrest for probation violation
Andrew L. Bennett
Andrew L. Bennett answered on Feb 25, 2021

I am assuming you meant "can police impound my vehicle . . . " If you are stopped in your vehicle and on a public road or location and not your property, the police can impound your vehicle as part of their caretaking function to prevent theft or damage. If it is in a location where... Read more »

2 Answers | Asked in Criminal Law for Indiana on
Q: Can someone get arrested for resisting arrest if they are not commiting a crime?

The defendant was told he was not being arrested or detained that the officer just wanted to speak to him. The officer asked for the knife on his belt and the defendant said he'd like to keep it since he was not being arrested or detained and was not on probation and had no wants or warrants.... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 23, 2021

It sounds like there is a lot going on and to accurately answer the questions, to get all the details, he needs to consult with a criminal defense attorney sooner than later.

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can someone be charged with unlawful possession of a syringe in Indiana if it was just found NEAR them in a public place

He was jumped by a group of guys who were trying to rob him because they knew he had just got all of his unemployment back pay in one lump sum. When the cops, fire department and emts arrived they found him unconscious on the ground with a syringe laying next to him. He didn't have any drugs... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 23, 2021

In Indiana, possession can be either actual (on the person) or constructive. To be constructive possession the state will need to prove that it was within his dominion and control. Obviously, if it was found by him it is within his dominion, however, they also must prove he knew of its existence.... Read more »

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