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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: Why would an attorney put in a motion to withdraw after a case has been decided in Indiana?
Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 31, 2024

If it is a criminal case and a plea agreement has been entered or after a trial the person has been sentenced to probation, the reason for the attorney's appearance in the case has concluded. If the attorney did not withdraw and there were a probation revocation, then the attorney would be... View More

2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: If one is incarcerated on a ptr & makes bail can the prob. dept. order them to do work release before discovery hearing?

Bartholomew county jail, inmate was incarcerated on ptr from a level 6 felony from 6 years ago. Inmate was offered bail and I paid $5,000 on Friday Oct 4. Today was her initial hearing/ attorney status hearing and her discovery/sentencing hearing is November 13th. We checked in with her probation... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 7, 2024

As a general rule, the PO cannot do so. However, if there is a term in the rules of probation that she signed allowing for work release with a violation of probation filed, then the answer could be yes. Additionally, if the court ordered her as a condition of the bond to go to work release that... View More

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1 Answer | Asked in Criminal Law for Indiana on
Q: Double jeopardy in case dismissed without prejudice?

I was charged with domestic battery, they ended up dismissing the case because my fiancé would not testify against me. They dismissed it without prejudice - I know that means they can reopen it at anytime, but doesn’t that conflict with the double jeopardy clause? How can you be tried again for... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 3, 2024

Dismissing without prejudice means the prosecutor can file the case anytime up until the statute of limitations has run. If a misdemeanor the SOL is 2 years and if it's a felony then 5 years. Double jeopardy only applies if the trial against you had begun, meaning a jury was selected or a... View More

Q: If a cop pulls you over can they take your car if they think the car bought with money from drugs?

I know that if you have money or a possession, a cop can take it if they think it came from drugs, even if there's no proof you've ever come in contact with them. They can take your possessions without due process. just wondering

Charles Candiano
Charles Candiano
answered on Sep 20, 2024

The police can "seize" property if there is probable cause that the property was acquired with money from the sale of drugs or if the property was used in the sale of drugs but the police cannot "take" the property. You still own it. If the prosecuting attorney determines... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: I'm listed as 5'10 and 260lbs,reality is I'm over 6'4 about 190. Also my middle is incorrect. Can case be dismissed?
John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If the identity of the individual who committed the crime is in dispute, the discrepancy in the physical description could be powerful evidence in securing an acquittal. But, standing alone, that is not strong enough to secure a pretrial dismissal in the absence of other evidence that they... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: I'm listed as 5'10 and 260lbs,reality is I'm over 6'4 about 190. Also my middle is incorrect. Can case be dismissed?
James L. Arrasmith
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answered on Jul 21, 2024

It's possible to have your case dismissed due to errors in personal information, but it typically depends on the nature of the case and the specific errors involved. Incorrect details like height, weight, and middle name might not be sufficient grounds on their own. However, they can be... View More

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1 Answer | Asked in Car Accidents, Criminal Law and Animal / Dog Law for Indiana on
Q: I got into an accident may 25/26 got incarcerated for 8 days. My dog was taken from accident my animal control.

On the paper work says nothing about euthenization but they keep telling ne she was. My strong belief is they adopted or fostered her out. That is my dog I need her she is federally registered ESA Mine Noone else's. They keep lieong to me and the story changeds I have been there numerous time... View More

James L. Arrasmith
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answered on Jul 2, 2024

I'm sorry to hear about your difficult situation. It sounds like you've been through a traumatic experience and are very concerned about your dog. Let's break this down and consider your options:

1. Documentation: First, gather all paperwork related to your dog, including her...
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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Fui acusado por delito menor tipo A en Indiana Que cargos puede recaer sobre mi

Puedo seguir con el permiso de trabajo

James L. Arrasmith
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answered on Jun 21, 2024

Entiendo su preocupación. Aquí hay información general sobre su situación:

1. Cargos por delito menor tipo A en Indiana:

- La pena máxima suele ser hasta 1 año de cárcel y una multa de hasta $5,000.

- Los cargos específicos dependerán del delito cometido.

2....
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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.

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