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Indiana Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Hello my question is can you still purchase a gun for home protection in Indianapolis if i have a d felony for theft
Andrew L. Bennett
Andrew L. Bennett answered on Mar 23, 2020

As a convicted felon you would be prohibited from possessing or owning a firearm. If you were to try and purchase a firearm, you could be charged with a state or federal crime. Depending on when you were convicted you might be able to get the case expunged or reduced to a misdemeanor, in which... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Can I be charged with “Intimidation with a deadlt weapon” if the cops find no weapon and there is no evidence ?

Im being charged with Intimidation with a deadly weapon because someone said I pulled a knife out on them, I was then stopped by the police and questioned. There was no weapon found on me and theres no evidence of me being in possession of a weapon. Can I be charged ?

Andrew L. Bennett
Andrew L. Bennett answered on Feb 1, 2020

Absolutely, to charge requires probable cause, which is a fairly low standard. However, just because you have been charged does not mean the state will be able to convict. A conviction requires proof beyond a reasonable doubt which is a very high standard. You should consult with an attorney as... Read more »

1 Answer | Asked in Contracts and Federal Crimes for Indiana on
Q: I am selling a house on contract the buyer is posing as owner of house and has for sale on line

besides breaching contract already by being late on payment a few months can I bring charges against and have them evicted

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2019

Reading between the lines, it sounds to me like you are selling the house to someone who is renting it from you; is that right? If so, unless the written buy/sell agreement or the written lease prohibit the buyer/renter from doing what he apparently is doing (getting a jump on the situation by... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Indiana on
Q: I would like to know if I have a case on my hands. I was arrested for Auto Theft in Sep. 17, 2019 between 5-6pm.

I was told I was in video with my boyfriend and another male commuting this crime. The detective who file for the warrant came to my house previously and I told him I did not do this crime and I was willing to give any evidence to prove this to be true I had an alibi. The detective accused me of... Read more »

Gary Kollin
Gary Kollin answered on Oct 13, 2019

If you are convicted by plea or trial you have no case.

I think you should concentrate on your case before you consider a civil suit

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1 Answer | Asked in Criminal Law, Federal Crimes, Immigration Law and Domestic Violence for Indiana on
Q: should defendant accept plea deal and accept guilty for DV and Strangulation level 5 felony ?

Defendant is not US citizen and is on Ice Hold. should he take offer and accept counciling, probation , etc instead of jail time or say not guilty and continue trial so that he won’t be deported.

Gary Kollin
Gary Kollin answered on Oct 2, 2019

This is like asking a doctor over the internet should I have my lung removed or take the chance with the chemotherapy.

He has an attorney who he should listen too.

Isn't this your BOYFRIEND who is charged with strangulation of a pregnant woman?

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: My boyfriend is charged with DV and strangulation against pregnant women level 5 felony.

He is not a US citizen. Victim does not want to worsen his case and wants to work relationship .If found not guilty is he still deportable? or if he accepts Plea bargaining will he still be deported?

Andrew L. Bennett
Andrew L. Bennett answered on Oct 2, 2019

If there is a conviction regardless if by plea or by trial, he would be deportable. If the case is dismissed or found not guilty, deportation is very unlikely.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Indiana on
Q: Is it required for police to leave a receipt of items removed from a home during a search warrant?

Both occupants were home when warrant was served for specific items to be obtained, but only one of the two received a copy. 11 days have passed and still no knowledge of what was removed from the home, but two specific items missing from home had nothing to do with the investigation. Feels as... Read more »

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

The Search Warrant should have a case number at the Clerks Office, the police would also file a Return of Search Warrant detailing the items removed. The return is to be filed in the same case as the search warrant

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: How can they charge you with possession of a handgun if you didn't have one when you were arrested
William Jaksa
William Jaksa answered on Aug 15, 2019

Possession of a firearm, or any item, does not depend on police finding on you at the time of your arrest. The prosecutor will need to prove one of the following, beyond a reasonable doubt, to secure a conviction:

1. That you had physical possession of the firearm at some point and time;...
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1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Indiana on
Q: Will my husband be arrested after questioning?

Our neighbor asked my husband to put her boyfriend in the tub. Her boyfriend was breathing just not responding. An hour later she called an ambulance and ge had overdosed and may die.

Andrew L. Bennett
Andrew L. Bennett answered on Jul 1, 2019

More information would be needed to accurately answer your question. A situation such as you have described is very fact sensitive. He should consult with an attorney before speaking with the police.

1 Answer | Asked in Federal Crimes for Indiana on
Q: I'm in Indiana. Is my attorney required to tell me if I'm a suspect in a criminal investigation? If I ask, that is?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 16, 2019

Hypothetically, yes, your attorney would have to inform you if you were a suspect in a criminal investigation. Your attorney represents you and has a duty to act in your best interest. How your attorney would know that you were a suspect though, short of being told by the investigating authority, I... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: During a drug raid, can anything I say be brought up in court?

And if so, can I talk to a lawyer to have it made anonymous?

Mark Broughton
Mark Broughton answered on Feb 1, 2019

That's a complicated question. If you make spontaneous statements with no questioning by law enforcement, yes, those can be admitted as evidence. If, however, you are "in-custody" (term of art), and you are questioned by law enforcement you must give a knowing and intelligent waiver... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Small Claims for Indiana on
Q: What could the possible charges be for theft?

.

Andrew L. Bennett
Andrew L. Bennett answered on Mar 8, 2018

First, do not make admissions on a public forum, it is possible the State could learn of it an hold it against you. Secondly, if you were charged with Conversion or Misdemeanor Theft then you are facing a Class A Misdemeanor with up a $5000.00 fine and one year in county jail. Being that this is... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: has my son's riggt to speedy trial been violated?

hw has been detained for over 1 year and has not had even a pretrial hearing and the federal prosecuter has pushed his clouer date back thrwe times and now its feb. he told my sons att. he had bigger fish to fry and i quote.

Shaun Khojayan
Shaun Khojayan answered on Nov 14, 2017

If you waive your right to a speedy trial then the set trial date is proper. However, the AUSA can only in rare circumstances cause the trial to be delayed. You would have to object or move for a dismissal to preserve your objection. The specifics of the situation would have to be examined.

1 Answer | Asked in Federal Crimes for Indiana on
Q: I received a paper letter in the mail that said "this is not a chain letter"

It then ask me to send a dollar back to them along with 7 other addresses to do the same and then ask me "please add me to your mailing list". They never offered me anything or try to sell me anything . I need to know if this letter is legal

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Aug 28, 2017

That's exactly what a chain letter is. Don't send them money. Don't send them addresses.

1 Answer | Asked in Criminal Law, Federal Crimes and Landlord - Tenant for Indiana on
Q: My tenant is now in jail, federal hold, house was raided and 3 windows busted out, Can i take immediate possession back

house was raided by ATF and FEDS, tenant is awaiting transfer to a fed facility, and also has outstanding warrants for violation of home detention now. i just want to take the house back, and repair windows and have some kind of immediate eviction is possible

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 21, 2017

Even if your tenant is in jail there is no automatic repossession of the property. You still have to go through the eviction process. You can file for an immediate eviction to regain possession of the property. It is best to do this with the guidance of an landlord/tenant attorney. Consult with a... Read more »

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for Indiana on
Q: Is it ok for me to call police if a father and daughter are together in a relationship in Indiana?

The father is 50+ . The daughter is 30+ and not all mentally stable.

Paul Stanko
Paul Stanko answered on May 6, 2017

If you are talking about Incest, that is a criminal offense. You can certainly report a crime to police.

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Will he have to do his 1yr in jail plus whatever he gets for the new charges ?

Boyfriend was arrested for possession of marijuana, possession of narcitic drug and driving while licenses suspended with prior he is on probation for 1 year

Paul Stanko
Paul Stanko answered on Apr 22, 2017

His probation can be revoked and any suspended sentence can be imposed. That can be up to however much time was suspended.

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: I need to know what the best way to go about these charges asap

Battery w deadly weapon / recklessness/ intimidation/ battery mistemer class b

Paul Stanko
Paul Stanko answered on Feb 26, 2017

You have provided no details, but the first step for anyone charged with a crime is to consult with a criminal defense lawyer.

2 Answers | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Got a ticket then put on Pretrial Diversion. Got arrested a second time but charges were dropped. Do I get PTD back?

My first offense was a drug offense and the second one was too but a different one, but the charge was dropped because I proved it wasn't me. Do I get put back on Pretrial Diversion.

Paul Stanko
Paul Stanko answered on Jan 7, 2017

Pretrial diversion is a program run by the prosecutor, who has complete discretion on whether you are eligible. Contact an attorney to make your case for being reinstated.

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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Where in Fort Wayne, Indiana can I obtain court dates in the future or present for a criminal federal case?
Paul Stanko
Paul Stanko answered on Oct 2, 2016

If you have the case number, contact the Clerk's office. Even if you don't, the Clerk can assist you.

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