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Someone falsely reported to the police that I had a gun. When pulled over, I fled because I was without a license. Although I did not have a gun, the police found meth in my truck's cooler. I'm charged with possession and intent to distribute, although there's no fingerprint or DNA... View More 
answered on Apr 4, 2025
Likely not, had the police pulled you over simply because of the false allegation of a gun, you might have a good chance. However, because you fled, the discovery of the meth was likely as a result of a search incident to an arrest. The definitive answer will depend on the fine details of the... View More
I am facing a first hearing for allegedly buying alcoholic beverages for a minor who is 15 years old in Indiana. There are no previous offenses involved. Do I need an attorney for the first hearing, and what should I expect?
answered on Mar 15, 2025
You do not need an attorney for the first hearing, which is your initial hearing as long as you enter a not guilty plea. However, if you are charged with a misdmeanor of furnishing alcohol, you could plead guilty at your initial hearing, though that would be unwise. You should consult with a... View More
I am currently pregnant and not married. My boyfriend and I broke up after he physically assaulted me while pregnant, and I pressed charges against him. He also broke into my home, leading to a no-contact order being placed. I have previous charges filed against him for breaking and entering, and I... View More
answered on Mar 11, 2025
Since you say you are not married then he currently has no parental rights to your child. However, if he goes to court and establishes paternity, then he would have rights. However, even after paternity is established the court can make visitation supervised or not at all if he is a danger to the... View More
I have a non-violent felony conviction from over ten years ago and have not pursued any legal proceedings since. I'm inquiring about the impact of the United States v. Duarte ruling by the 9th Circuit on my ability to own a gun. Can I now legally own a firearm?
answered on Mar 11, 2025
It is uncertain how a 9th circuit case would impact someone living in the 7th circuit or any other circuit, until the S. Ct. hands down a ruling. Regardless, you may want to consider expunging your felony conviction and then going through the process of restoring your rights under IN law. This... View More
What will the penalty be for a DUI in Indiana if there is a prior DUI from another state four years ago, and the current charge has been upgraded to a Class 6 felony for an unknown reason?
answered on Mar 11, 2025
If you are arrested for and OWI and have a previous conviction within 7 years in IN or out of state and the out of state conviction offense is substantially similar to an IN offense, then the new OWI can be filed as an F6 felony. This has a penalty range of 6 months to 2 1/2 years in jail and up... View More
This happened in Indiana but I’m from Kentucky. I was fully compliant but they still gave me a court date. I have a clean record and I would like to know how to make sure this doesn’t go on my record. How do I get this case dismissed or how can I get it expunged? What should I do in court?
answered on Feb 18, 2025
When you go to court, do not plead guilty, rather plead not guilty and see if the prosecutor's office would offer you a pre-trial diversion. This is an agreement, where if you complete the terms and have no new arrests or charges, the case gets dismissed and it will then be automatically... View More
I was bailed out of jail on December 14, 2024, in Steuben County for two misdemeanor charges: possession of marijuana and Operating While Intoxicated (OWI) under the influence of a schedule 1 and 2 substances. I have yet to receive an initial court date for my case and do not have legal... View More
answered on Feb 18, 2025
If you have not yet received a court date yet, then the prosecutor has likely not yet filed charges. The prosecutor has two years to file charges under the statute of limitations. You can check on mycase to see if/when charges have been filed. I would suggest consulting with a local criminal... View More
If a plea agreement states "The parties agree and understand the defendant shall receive misdemeanor treatment for his plea of guilty to count iii, theft, a class D felony" does that mean the defendant was convicted of a class D felony or a class A misdemeanor?
answered on Jan 23, 2025
The quoted language means the person plead guilty to an offense that qualifies as a Class D Felony based on the elements of the offense and to get a factual basis for the plea agreement. However, because the sentencing statutes allow for the conviction to be entered as a Class A Misdemeanor then... View More
It's my 15 year old daughter doing it to my son I'm just over her doing that to him she is always mean to him and she does it on purpose
answered on Nov 14, 2024
Based on the facts you gave, I would say it is not okay. In fact, if your daughter is intentionally hurting your son, she could be charged with a criminal offense. Additionally, you are obligated by law to protect your son from being harmed by your daughter. This means if DCS were called due to... View More
i have a vop issued before my probation end date but not for comitting a crime. only for technical violation< now my end date has passed does that mean my probation is over
answered on Nov 14, 2024
A Notice of Probation Violation automatically extends the probation period until the violation is resolved.
If the violation is based upon failure to pay fines or probation fees and you are not able to pay, you are entitled to an indigency hearing. If the judge finds you indigent, then... View More
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
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
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
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
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
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
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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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
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
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
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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... View More
Puedo seguir con el permiso de trabajo
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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.... View More
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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
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
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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... View More
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