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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Business Law, Employment Law, Civil Rights and Criminal Law for Indiana on
Q: Employer wants me to secretly record customers in their homes for sales pitches in Indiana. Is that legal?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Wiretap laws are different in each state. This could be a criminal violation. Something just doesn't sound right when the employer says to "secretly" tape record your customers in their own homes. The customers have a right to privacy and this would appear to violate that. If it... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Appeals / Appellate Law for Indiana on
Q: What's the possible outcome of me getting pulled over again?

Have class A misdemeanor for driving while suspended. Got pulled over again for no brake light. Drove because friend was sick & needed help to translate to English. I didn't get arrested. I got a ticket for court after made to exit vehicle. I was put on good behavior for the other one I... Read more »

Aaron J. Harshman
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Aaron J. Harshman
answered on May 8, 2023

Driving offenses can stack up quickly if one is not careful. Generally speaking, the progression moves from multiple driving while suspended as an infraction, to multiple driving while suspended as a misdemeanor, then being declared a Habitual Traffic Violator as a felony offense. Do whatever you... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: My fiance is in jail in Fulton county Indiana on a level 3 Dealing in meth felony charge he's been in jail since July

2022 his court appointed lawyer has done nothing for him so he reported her to Indiana supreme court's he has no bond and does not want to go to jury trial his next court date is July 19 he has been asking his lawyer for rehab program we have paid for and gotten a acceptance letter for one but... Read more »

Aaron J. Harshman
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Aaron J. Harshman
answered on May 8, 2023

I'm sorry to hear about your fiancé's situation.

First, do anything reasonable to establish communication with his current attorney so you can understand what work he is doing on the case. Many times, it is unclear what is happening on a case, and it is essential to establish...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Indiana on
Q: My son is being harassed by our local drug task enforcement agency, was pulled over with no probable cause and the car s

Searched without consent and they my son and his friend out of the car physically to search it. I want to know who to talk to you and what I can do to have this stopped this is a true real situation and I want it stopped, can you please direct me to who to talk to and what to do!?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

If you believe that your son's rights were violated during the traffic stop and search, there are several steps you can take to address the situation.

Contact an attorney: You may want to consider contacting an attorney who specializes in civil rights or criminal defense to discuss...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Am I a serious violent felon if I had a D felony for possion of precursor with intent to manufacture methinphanie
Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 6, 2023

Indiana Code 35-47-4-5(b) As used in this section, “serious violent felony” means:

(1) murder ( IC 35-42-1-1 );

(2) voluntary manslaughter ( IC 35-42-1-3 );

(3) reckless homicide not committed by means of a vehicle ( IC 35-42-1-5 );

(4) battery ( IC...
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1 Answer | Asked in Criminal Law for Indiana on
Q: I would like to get my felony record expunged. It's from 20 years ago in AR. It was a class b and 2 class c.

Everything I've seen online is leading me to believe that I can't have a class b expunged. I'm just trying to Get my rights back.

James A Hanson
James A Hanson
answered on Feb 1, 2023

You will need to find an Arkansas attorney to advise you on how (and if) you can expunge your criminal record in that state.

Criminal convictions are specific to the state where they are entered. Expungements are, likewise, specific to the state of the convictions.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Indiana on
Q: Indiana on the affidavit for arrest if the police say they advised us of our Miranda rights , but never did.

On top of saying I made a statement and never did. With no bodycams on a knock & announce search warrant. What are my options

James A Hanson
James A Hanson
answered on Jan 30, 2023

Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.

The vast majority of warrants are "knock and...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: Why do Attorneys on this "FREE LEGAL HELP FORUM " website tell us "Not to talk about the details "

Don't talk about the details of our case? In my situation after 3 yrs and 2 attorneys and NEVER HAVE MY QUESTIONS BEEN ANSWERED!! NOT EVEN HERE!! My questions are basically about procedures in a criminal case in ELKHART INDIANA. HOME OF THE WOLVERINES!! #1 in wrongful convictions &... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: indiana rules When executing a knock and announce search warrant are bodycams excluded? Why?

The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why

James A Hanson
James A Hanson
answered on Jan 30, 2023

First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.

Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Indiana on
Q: What can I do if the judge and refused to let my husband show innocence and refused to let him speak at all in court

My husband was charged with a crime and the judge and prosecutor refused to let him show any proof of innocence at all and never once let him speak in court?? He got sentenced to 5 years and he has all the proof including a polygraph test given to him by a private investigator and 11 witness... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.

There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if...
Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Is it typical to do a rape kit on a person struck and killed by a car?
James A Hanson
James A Hanson
answered on Jan 30, 2023

Every criminal investigation is unique because the facts and circumstances of each case are different.

Is it TYPICAL for law enforcement to do a rape kit in this situation... No. Are there circumstances in this specific case that may have prompted them to do a rape kit.....Maybe....
Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can you be charged with theft if the person received their items back?

I was at work as a CNA I was told to take care of this one patient in particular because her daughter comes in complaining all the time where as another patient needed more care so I took care of the patient with the complaints and did the rest of my patients at some point I had to pick up a phone... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

All the State needs to file charges is probable cause that at a particular moment in time you took the phone with the conscious intent of depriving the rightful owner of its use or value. A classic example is someone who gets caught at the door shoplifting. Even though all the items are recovered... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: what gonna happen in the court for my son for Unlawful Possession of Tobacco, e-Liquid or an Electronic Cigarette

My son is 18 years

James A Hanson
James A Hanson
answered on Jan 26, 2023

If your son was ticketed under I.C. 35-46-1-10.5 for Purchase, acceptance, or possession of tobacco, an e-liquid, or an electronic cigarette by a minor, then it is an infraction and not a criminal offense.

An infraction is punishable only by a fine, much like a standard traffic ticket....
Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: What does it mean if they say probable cause affidavit for arrest warrant?

Does this mean they will come to your house?

James A Hanson
James A Hanson
answered on Jan 26, 2023

In order to get a warrant, law enforcement must show the judge some evidence that demonstrates probable cause that evidence of criminal activity is present at a certain place or that a certain person committed a certain crime and should be arrested. The Probable Cause Affidavit is a sworn statement... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I was charged with a level 6 felony in Indiana. My warrant was recalled. What are my chances of going to jail at the

Initial hearing

James A Hanson
James A Hanson
answered on Jan 26, 2023

For a Level 6 felony, you will need to be formally booked at the jail. If the warrant was withdrawn and bail is OR or set at a fixed amount, then you will likely need to submit to fingerprinting and booking at the jail after which you will either be released on the OR bond or allowed to post the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a warrant be issued in Indiana for a cause that has been disposed.?
James A Hanson
James A Hanson
answered on Jan 26, 2023

Your question is a bit confusing.

A warrant can be issued in a unique cause number prior to any charges being filed. This is done quite often and usually the unique cause is sealed until after the warrant is served.

A warrant can be issued as part of the initial filing of a felony...
Read more »

1 Answer | Asked in Employment Law, Criminal Law and Health Care Law for Indiana on
Q: If a licensed therapist who owns the practice is arrested, what legal/employment implications are there for employees?

The owner of the company I work for has not been an active employee for over a year and may or may not still be a part-owner of the company itself. The current management is keeping things pretty close to the vest. The individual was arrested for drug-related charges and I am wondering what legal... Read more »

James A Hanson
James A Hanson
answered on Jan 26, 2023

In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: In indiana can a prosecutor file a habitual offender on someone well after their omnibus date has passed?
James A Hanson
James A Hanson
answered on Jan 26, 2023

As long as the habitual enhancement applies to the case, there is no statute or other law the requires the State to file that enhancement before the omnibus date. Prosecutors routinely hold back on the habitual filing at first as a bargaining chip during plea negotiations.

1 Answer | Asked in Criminal Law for Indiana on
Q: Vehicle was searched nothing was found took boyfriend to jail searched again and found a handguns that allowed

My boyfriend was pulled over and arrested for a warrant they searched the vehicle while he was there they found nothing took him to jail search the vehicle again before I arrived and found a handgun now he's being charged with unlawful possession of a firearm by serious violent convicted felon

James A Hanson
James A Hanson
answered on Jan 20, 2023

If there was a valid warrant for your boyfriend's arrest, the officers are allowed to do a search incident to arrest within certain limits. Also, if the vehicle was going to be impounded, they are allowed to do an inventory search. There are many nuances and details associated with search and... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: Can a person be a witness in a trial if they have already made 2 or 3 statements & they are all different? Not Credible?

If witnesses in a trial have all given multiple statements that are all different from each other and from their own previous statements then should they be allowed to be witnesses or testify in court?

Joel D. Hand
Joel D. Hand
answered on Dec 9, 2022

Yes, the witness can testify. Credibility of witnesses is always an issue for the finder of fact. In a jury trial, the finder of fact is the jury. In a bench trial, the finder of fact is the judge. Credibility of a witness can be attacked by prior inconsistent statements. That seems to be the... Read more »

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