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Indiana Appeals / Appellate Law Questions & Answers

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Indiana on

Q: Received maximum sentence on 2 owi resulting in death on open plea to the judge.no prior felony. Need appeal answers

Wife plead open to judge on 2 owi resulting in death cases. She has no prior felonies. Only misdemeanors from when she was 18 years old. Every motion her lawyers filed was denied by judge. No depositions were done on any medical staff. Judge held her juvenile charges against her openly. He didn't... Read more »

Paul Stanko answered on Feb 3, 2019

Sentences are rarely overturned, but when a defendant is maxxed out, there is no downside to appealing. Contact an experienced appellate attorney immediately, as a Notice of Appeal must be filed promptly. You mentioned that she had a court-appointed attorney. If she is still indigent, she can... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Collections for Indiana on

Q: How to petition court to use time served in jail towards fine?

What is it called? I want to look up an example maybe to format mine similarly. Do I just write dear judge can you apply the extra month I served towards the bond at 20 dollars per day? Then send it to the clerk with my cause number?

I overserved my sentence by a month.

Paul Stanko answered on Jan 27, 2019

You can't do that. The extra time you served is lost. What you might, perhaps, do is file a petition to modify the sentence with respect to the fine imposed. That is assuming you were assessed a fine at all.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Indiana on

Q: I’m looking for an affordable criminal appeals attorney in Indiana and wondering who could help that’s affordable?

Andrew L. Bennett answered on May 29, 2018

To find the best lawyer closest to you it would be best if you listed where in Indiana your case is that you would like to appeal.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on

Q: I am curious about double sentence enhancements.

My boyfriend was arrested for driving without a license and possession of paraphernalia. Both misdemeanor charges. After a week in county jail they added the charge of maintaining a common nuisance, a felony. Once he was sentenced they also enhanced his sentence by adding a habitual offender... Read more »

Andrew L. Bennett answered on Apr 16, 2018

Adding the charge of Maintaining a Common Nuisance is not an enhancement but another charge in of itself. The habitual offender charge is an enhancement of the new felony charge. It is can be technical so to say it was correctly done would require more information. He should consult a local... Read more »

1 Answer | Asked in Traffic Tickets, Criminal Law and Appeals / Appellate Law for Indiana on

Q: My license suspended in 2012, just got re-suspended after I paid, and 6 years later. Is that legal/fair?

Lost driving privileges in 2012, paid tickets and fines. BMV reinstated my license 2-26-18 and suspended them again the next day because I paid them. Idk what to do, I've moved out of state and just want this behind me.

Andrew L. Bennett answered on Apr 8, 2018

You were probably suspended again for failure to file proof of insurance with the tickets you paid or suspended for excessive points. You should consult with an attorney to see what can be done, there are possibilities of either setting aside some of the judgments or getting a specialized driving... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Indiana on

Q: Is there certain times of the day or week that you can file an appeal ?

In the state of indiana

Erik Carter answered on Dec 14, 2017

A Notice of Appeal must be filed within 30 days of a final appealable order. If the 30th day falls on a weekend or day that the Clerk of the Court of Appeals is closed, it rolls over to the next open business day. The Notice of Appeal must be accompanied by the filing fee or a request to waive... Read more »

Q: I need help with filing my appeal for my disability with my social security redetermination.

I was approved by the SSA to be a disabled person in 2014. It was for depression and arthritis. I recently had to go for a redetermination and then was found to be not disabled and then was told that I was found disabled due to mood disorder and anxiety disorder and then that was never the reason... Read more »

Chase T Wilson answered on Oct 24, 2017

Call the Indiana BAR Association at (317) 639-5465. They'll be able to refer you to someone who handles SSI Claims.

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Rights for Indiana on

Q: Was found guilty of driving while suspended as a Class A misdemeanor. Law states driving is knowing driving while

Suspended. I had been out of state for a couple of months. The suspension letter was dated 2 says prior to me getting the ticket. The judge informed me that I was correct about the text of the law, however stated that "case law" says driver "knows or should know" their license is suspended, and... Read more »

Andrew L. Bennett answered on Oct 19, 2017

You should contact a local attorney very soon as appeals are time sensitive on filing a notice of appeal. An expungement of the conviction is possible, but there is also a time frame before you can petition the court. If you miss your deadline then you would be barred from going forward on the... Read more »

Q: I need to file a waiver for my reinstatement fees but I don't know where to get the form from or how.

My license are suspended. I need to pay the fee to the bmv but im indigent and can't afford to pay it or hire a lawyer to do it for me.

Andrew L. Bennett answered on Sep 27, 2017

Go to in.gov and you will find a link that will give you the affidavit for indigence and documents for the petition as well as instructions to file. If you do not have a computer, I'm sure you local library has a computer you can use.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Juvenile Law for Indiana on

Q: Can they arrest a 16 year old on three felonies without for sure knowing if she's guilty or not

My 16-year-old daughter and her 18 year old boyfriend A few other juveniles went to the park to go watch a fight with her boyfriend and a nother kid they started fighting and when fighting the other kids seen my daughter's boyfriend being stabbed my daughter jumped on them and punch them a couple... Read more »

William Head answered on Aug 16, 2017

To arrest, only probable cause to believe a crime was committed is sufficient. This is not even 50-50, but can be less than 50% likely. So, yes.

She needs to remain silent. Get a great criminal defense lawyer.

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1 Answer | Asked in Appeals / Appellate Law and Family Law for Indiana on

Q: Relocating out of state with daughter. If dad appeals, will it drag out the process if I need to move by a certain day?

He has supposed to have been paying child support since January but he hasn't paid anything yet and now has a court date set for May 10th because of it. He gets 90 overnights and we have agreed on everything thus far. We have not discussed this relocation with him but my current wife and I want to... Read more »

Erik Carter answered on Mar 30, 2017

This is not an appellate question, it is a custody/relocation question. Indiana Code 31-17-2.2-1 et seq. covers the notice requirements for a relocating parent and the options available to the non-relocating parent.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on

Q: Can anyone give me some reference cases to any Overturned Convictions won through a Post Conviction Relief, on class A

Reference cases needed for Class A, Felony child Molestation that were overturned on Post Conviction Relief. For the State of Indiana

Paul Stanko answered on Mar 24, 2017

Post-conviction relief rarely turns on the specific charge. Rather than looking for cases overturning child molesting convictions, you would be better off looking for cases granting post-conviction relief based on errors in the proceedings. Courts will not reweigh the evidence presented at trial,... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on

Q: what are the main reasons to file and win a PCR in Indiana

Paul Stanko answered on Mar 7, 2017

Your question is too general to answer. PCR can be applied to numerous errors not raised on direct appeal and not waived. Winning depends on the facts and law applicable to each case.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Constitutional Law for Indiana on

Q: I am married and have been for 12 1/2 years. I got pregnant by a man who came to the US illegally. We got a house togeth

He was abusive and left when i was 6 1/2 months pregnant and on bed rest. The rent was due and no food in the house. I had my son 5 weeks early. I tried to contact him. My son stayed hospitalized for 3 weeks. I tried to contact him. His sister told me it wasnt his problem that he moved back to... Read more »

Paul Stanko answered on Oct 4, 2016

I don't understand why an illegal would seek paternity. Contact a family lawyer and fight it. Your husband is presumed to be the father because you had your child during your marriage.

1 Answer | Asked in Appeals / Appellate Law for Indiana on

Q: In an appellate brief, is there any case law disallowing citation or reference to the order being appealed?

The Judge in this case provided a summary of his reasoning for ruling as he did. He explains in detail why he made the decision. This is in a Corrected Findings of Fact, Conclusions of Law and Decree of Dissolution. We want to reference what the Judge stated in our Appellee brief. I have never... Read more »

Paul Stanko answered on Sep 17, 2016

The order from which the appeal is being taken must be in the record. You must cite to the record in your brief. Are you attempting to do an appeal pro se? The appellate rules are strict and complicated. You need experienced appellate counsel.

1 Answer | Asked in Appeals / Appellate Law for Indiana on

Q: If I don't respond to an appeal of a magistrates decision what happens

I won my case at the magistrate's level and the losing party appealed the judges decision. What happens if I don't respond to the appeal?

Paul Stanko answered on Sep 17, 2016

If you fail to respond to an appellate brief, then the factual allegations in that brief are uncontested, and the court will proceed to decide the appeal on the merits. You could still win, but you have given up your right to contest the appellant's arguments.

1 Answer | Asked in Appeals / Appellate Law for Indiana on

Q: I applied for and was denied a recovery agent license due to answering a question wrong

#2 on application I understood as employment discipline and answered no... My preliminary review hearing (appeal)order states that will be the issue talked about. Will I have to explain all my past mistameanor convictions even though the 5 year requirement has past

Robert Jason De Groot answered on Nov 11, 2015

I do not understand this question.

1 Answer | Asked in Appeals / Appellate Law for Indiana on

Q: If a conviction is overturned is that person supposed to bevfree

Robert Jason De Groot answered on Oct 22, 2015

Perhaps. We would have to read the decision.

1 Answer | Asked in Appeals / Appellate Law for Indiana on

Q: can the AR cross examine instead of the assessee?

Robert Jason De Groot answered on Oct 18, 2015

What is the AR? who is the assessee? What kind of case is this? Not enough facts are given here.

1 Answer | Asked in Appeals / Appellate Law for Indiana on

Q: Can probation be modified down from 17yrs to less of a sentence after let's say 5yrs of good behavior and other stuff?

After being released from prison only severing 1 year of a 14 year doc sentence and 6 years probation, my sentenced was modified to 1 year served, 1 year house arrest, and 17 years probation. Since being released I have paid all my fees, did all my community service, maintained good behavior, clean... Read more »

Robert Jason De Groot answered on Sep 1, 2015

Here is a link that might be helpful: http://www.getoffprobation.com/terminate-indiana-probation

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