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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: 35-48-4-8.3(b)(1)/MC: Possession of Paraphernalia This is what I was charged with. I had a 1 hitter. Do i need to worry

I admitted to having a one hitter when asked to search my car. It was empty. I did not have any drugs or anything else on me. Do I need to worry about going back to jail at my court date? This is my first offense for this

Andrew L. Bennett
Andrew L. Bennett answered on Jan 25, 2020

It is a Class C Misdemeanor to be in possession of paraphernalia, which carries a possible jail sentence of 60 days. If you do not have an attorney, hire one or request a public defender. Depending on your history you may qualify for a Pre Trial Diversion.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can i get my class D felonies reduced?

I plead guilty to criminal recklessness(with deadly weapon)and intimidation on January 25 2015 in Clark county and was released on 4 years of probation. I was originally arrested on

January 26,2014. I served one year before the guilty plea .I was told that after completing probation I... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jan 25, 2020

If it is not in the plea agreement then you will have to file a motion under Indiana Code, however, it will be entirely the judges decision.

1 Answer | Asked in Criminal Law for Indiana on
Q: What Does it mean when the court receives and updates my case with "Motion Filed, Consent To Modification" filed by the

If we're still waiting on the court ordered progress report, what does it mean when there's an entry with the court stating, that the State Filed Motion and then it says, Consent to Modification? The prosecutors are in agreement and are going to accept the modification on their we was just waiting... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jan 23, 2020

Without knowing more, it appears the State has filed a motion consenting to a modification. However, the court still has to either approve or deny the modification.

1 Answer | Asked in Criminal Law for Indiana on
Q: Do you always get an escape charge when you cut off a home detention bracelet?

My brother was modified onto home detention and cut his bracelet off and had been caught, the courts have not charged with an escape charge at his preliminary hearing, does this mean he will not get an escape chatge?

Andrew L. Bennett
Andrew L. Bennett answered on Jan 23, 2020

No, the State has 5 years to charge him with Escape since it is a felony. I would expect a charge within the next few months.

1 Answer | Asked in Criminal Law for Indiana on
Q: Bonded out on a Class A misdemeanor. Can I move out of state for medical treatment that isn't available in Indiana

Arraignment was today where I pled not guilty for possession of marijuana less than 30g with prior. I have chronic pain and epilepsy. I want to move to Ohio or Illinois to receive medicinal marijuana treatment so I don't have to continue to worry about weed nazis.

Andrew L. Bennett
Andrew L. Bennett answered on Jan 20, 2020

You should be able to move out of state, but confirm your conditions of bond to make sure it is possible.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can knowlede of items of discovery be used as a bargaining chip to a plea offer?

Offered a plea bargain but wont disclose certain items of discovery . he was informed that the plea bargain would be yanked if they revealed said items.

Andrew L. Bennett
Andrew L. Bennett answered on Jan 17, 2020

No, a prosecutor is duty bound to turn over all evidence/discovery. If its exculpatory, the prosecutor would be committing a Brady violation and could be disciplined. Your attorney should compel discovery or bring it to the attention of the judge.

2 Answers | Asked in Criminal Law for Indiana on
Q: can My husbands parole be revoked for a new level 6 felony habitual traffic offender ?
Ecleynne Mercy
Ecleynne Mercy answered on Jan 16, 2020

Substantive violations occur if you commit a new crime during the probation period. A substantive violation is something more than a breach of a probation condition that is a byproduct of the original offense. A substantive violation is a separate act that involves committing a separate criminal... Read more »

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can the judge who signed your arrest warrant turn around and take your money to be your paid attorney? In

Kosciusko county Indiana

Andrew L. Bennett
Andrew L. Bennett answered on Jan 16, 2020

Not sure how that is possible, it sounds like a conflict of interest, can't play two roles in a criminal case.

1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: You I need to know if a police officer can infact arrest me for driving while suspended if he never pulled me over

You

..I've been yanked around in court...and Eve. Charged with driving without ever reviewing a license...when I infact DO have them ,they r just suspended...I even took papers from the DMV stating I have them...and they don't do anything about it..You

And ..,while I was... Read more »

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

You should consult with a local attorney or contact the court to request a public defender.

1 Answer | Asked in Criminal Law for Indiana on
Q: I currently have a misdemeanor battery looking for a reasonable attory can someone please give me some information pleas

first and foremost like to introduce myself my name is Angel I'm currently in South bend Indiana area someone can please give me some feedback it would be great do have some earn income saved up like to know prices please help somebody thank you very much and have yourself a good evening! today is... Read more »

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

You can use the "Find a Lawyer" tab to search for attorneys who practice in the county where your case is pending.

1 Answer | Asked in Criminal Law for Indiana on
Q: What's the cost for a modification from community corrections

April 4th will be one yr since I've been placed on home detention and have 1 yr left but my case is modifiable.

Troy Tyson
Troy Tyson answered on Jan 13, 2020

It will depend on the case and your attorney. You should speak with one or more experienced criminal attorneys to get a reasonable price range.

1 Answer | Asked in Criminal Law for Indiana on
Q: If someone is out on house arrest will they be required to stay at the address on their license
Andrew L. Bennett
Andrew L. Bennett answered on Jan 6, 2020

They will be required to stay at the location the court has approved.

2 Answers | Asked in Criminal Law and Traffic Tickets for Indiana on
Q: Can I email the judge about an inmate and plead for a bail to be set? Im trying to keep his job safe

He is currently serving for a driving on suspended and missed his first hearing. He helps care for my sons and works with me and I would accept full responsibility for any future court dates/fines he may face.

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

If you email a judge it is very likely the court will not respond or indicate that a non-party is sending correspondence to the court and the court will ignore the email. If you can afford an attorney you should hire one who can advocate for a bond and good resolution to the case. If you cannot... Read more »

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1 Answer | Asked in Criminal Law for Indiana on
Q: Any lawyers in South bend Indiana that accept payment plans!?

Misdemeanor

Paul Stanko
Paul Stanko answered on Jan 2, 2020

I do, contact me with details.

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Business Law for Indiana on
Q: Can I sue someone for buying things in my name and bankrupting my business?

I recently started a company with around $80K of my own money as a 65% partner. The partner of 25% bought things in the company name and my personal name without my approval saying she paid for these only to find out months later they haven't been paid for and they're in my name. I have several... Read more »

Timothy Denison
Timothy Denison answered on Dec 30, 2019

Yes. You should contact a business litigation attorney to evaluate the situation, including determining whether there are any assets to pursue.

1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: I did the prosecutor gave it back to police for more investigation that they have had 6 months for.

The prosecutor was her lawyer in another case so i feel thats why there hasnt been anything done as well as she has family in police department. What can i do??

Andrew L. Bennett
Andrew L. Bennett answered on Dec 30, 2019

You can try calling the Indiana State Police or the Attorney General.

2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Indiana on
Q: How do I go about pressing charges for a battery case with bodily injury the police arent persuing.

Have medical bills in collection now because of it as well as damaged property. I am being discriminated against by the local police and they are trying to give me the run around.

Andrew L. Bennett
Andrew L. Bennett answered on Dec 30, 2019

You can contact the prosecutors office to see if they will do a citizen intake to discuss the case with you.

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1 Answer | Asked in Criminal Law for Indiana on
Q: 35-45-2-1(a)(2) F6 intimidation same as 7270 but where threat is to commit forcible felony. What does that mean?

Does the 7270 indicate the same victim from a previous case?

Andrew L. Bennett
Andrew L. Bennett answered on Dec 26, 2019

I'm not sure what you mean by 7270.

1 Answer | Asked in Criminal Law for Indiana on
Q: Why does it say motion to dismiss on my case 4 months after taking a plea and being sentenced?
Andrew L. Bennett
Andrew L. Bennett answered on Dec 26, 2019

Without more information this question cannot be answered accurately. If you had more than one charge and plead only to one then the other charges would show dismissed.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Indiana on
Q: Is there anything that can be done if the father of a child keeps calling child protective services making false accusa

Almost weekly he is doin this and every time it's substantiated. But DCS protocol is to investigate every report that comes through. So they said unfortunately they have to do their part each time

Troy Tyson
Troy Tyson answered on Dec 20, 2019

I think you meant that every time it's "unsubstantiated," meaning no basis was found for the charges. This is, unfortunately, something that happens from time to time. What DCS told you is generally correct, that they have a duty to investigate the charges that are lodged with them.

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