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Indiana Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: Why do Attorneys on this "FREE LEGAL HELP FORUM " website tell us "Not to talk about the details "

Don't talk about the details of our case? In my situation after 3 yrs and 2 attorneys and NEVER HAVE MY QUESTIONS BEEN ANSWERED!! NOT EVEN HERE!! My questions are basically about procedures in a criminal case in ELKHART INDIANA. HOME OF THE WOLVERINES!! #1 in wrongful convictions &... View More

James A Hanson
James A Hanson
answered on Jan 30, 2023

This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: indiana rules When executing a knock and announce search warrant are bodycams excluded? Why?

The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why

James A Hanson
James A Hanson
answered on Jan 30, 2023

First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.

Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: What are the rules of procedure when applying for and returning a knock and announce search warrant in indiana

When does an affidavit (probable cause) for search have to be filed with the clerk? When does the warrant have to be returned? If there's no affidavit of probable cause ever filed with the clerk EVER ..is that legal? Next if 10 months later a different cause number(ed) search warrant is... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Jul 5, 2022

If you have had 3 attorneys not sure why your questions have not been answered. To answer your questions accurately depends on the specific facts of your case which are not listed in your description. However, you can Google the specific statute to give you some insights into the law that... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: Do Indiana crime labs have the technology or ability to tell (test) if it's hemp or marijuana

I read an article by Forbes magazine which claimed that indiana didn't have the ability to tell the difference between hemp and marijuana. Now if they can how easy is it? Would it take a long time and would it be costly to the state

Greg Spencer
Greg Spencer
answered on Jun 23, 2022

I have seen the language in the lab work from the State "Marijuana THC percent not determined". Hopefully at some point in the future they would be able and/or interested in trying to determine that percentage.

2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Indiana on
Q: What can I do if my public defender is not doing her job? Also to make things WORSE she is lying and damaging my case.

She lied to the judge and told him that I wasn't coming to appointments.Which is a lie. I have video to prove it. The judge then told me what a good attorney she was i

her skills were so great so when I went to say something he shut me down and told me that I need to make myself... View More

James A Hanson
James A Hanson
answered on May 31, 2022

You have to remember that this is a Public Defender. You are entitled to court-appointed counsel if you qualify, but you are not entitled to pick the attorney who gets appointed. As long as the appointed attorney provides "effective assistance" as that term is defined by the Supreme Court... View More

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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: What constitutes a No Knock warrant in Indiana?

On a tip from a C. S. The police served a NO KNOCK warrant. For pot? First SWAT then ICE. Never identified themselves. At gun point. Wouldn’t show us the warrant. Left it after the search. Had no affidavit. They had no badges , we couldn’t EVER see they’re faces. The affidavit is excluded... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 22, 2020

You need to contact an experience criminal defense attorney in your area to discuss the case in more detail.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Legal Malpractice for Indiana on
Q: I have a warrant. My lawyer didn’t appear in court after telling me the day before I didn’t have to go. What do I do?

I can’t get ahold of my attorney. Clark County Indiana

Paul Stanko
Paul Stanko
answered on Sep 4, 2020

What county did this happen in?

1 Answer | Asked in Constitutional Law, Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: friends house was Searched with a warrant they found illegal items and substance they both felons y didnt arrests them
Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2020

Alot of times the LEOs either request Charges to be issued sometime after the Search Warrant Execution, or they try to work out a Sentence to bring to the Court for entry. Very often the citizens searched cooperate with the LEOs to incriminate others, and receive lighter Sentences therefor.

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: Can a pro se litigant in a criminal case initiate communication with the prosecutor for the sake of plea bargaining?

I e-filed an appearance for my own behalf. I was arrested on my 3rd marijuana possession in Indiana; class A misdemeanor. I filed 2 motions; one for stand-by counsel and the other to have my bond returned to pay for my defense. The bond request was denied but there is a hearing set for the... View More

Paul Stanko
Paul Stanko
answered on Apr 3, 2020

Yes. Just make sure to tell the prosecutor you are pro se.

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2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for Indiana on
Q: I had a wreck in November due to a seizure. I was put in the ambulance and refused treatment

Because I knew I had a seizure.A deputy then put me in cuffs and took me to the hospital to see if a doctor could tell if I had a seizure the dr could not verify if I had one then the officer had me do blood test. I just received papers saying I have to go to court in March for a class c... View More

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

You should consult with an experienced criminal defense attorney and do not talk to anyone about this other than your attorney. At this point it is illegal to have marijuana metabolite in your body, however, there is legislation that may change that in Indiana.

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana 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
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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.

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