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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: was just recently charged with a misdemeanor for an OWI I was sentenced to 1yr of probation. Now I caught another charge

What do you think I'll be sentenced to. This is only my second offense and it's another misdemeanor

Andrew L. Bennett
Andrew L. Bennett answered on Jan 21, 2022

It will depend on the facts and what the charges are in the new case. If it is a new OWI then the charges should be a felony and it would require a minimum of 5 days jail or 240 hours of community service and a minimum one year license suspension. If the charges are not OWI then it will depend on... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and White Collar Crime for Indiana on
Q: Can someone be charged for the same case and crime in 2 different Indiana counties?

The judge and attorney had pointed out that they acknowledge this, a motion for dismissal was entered in October however it hasn't been addressed and the 2 counties are passing him back and forth even trying to revoke the bond paid already in one county.

Joseph Abrams
Joseph Abrams answered on Jan 20, 2022

No. Because the two counties are considered part of the same sovereign, that is, the state of Indiana, it would violate the Constitution's prohibition against double jeopardy.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Criminal Law for Indiana on
Q: In the state of Indiana, is someone always considered to be a Violent Criminal if they have a prior conviction(see below

of a violent offense? Said offense sentence has been served out. I am inquiring because I am trying to see if I can file a sentence modification for a friend on a new felony charge of theft. Thank you in advance.

Cole Galloway
Cole Galloway answered on Jan 7, 2022

It depends on what the prior conviction is and the terms of his plea and/or sentencing. As a very basic answer, and individual may be considered to be a "serious violent felon" if they have a prior conviction for a crime specified under Indiana Code Section 35-47-4-5 (b) & 35-47-4-9.... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I might be prosecuted soon for stealing from Walmart, what should I do?

I worked in the Deli, and starting on December, I would give out food for cheaper prices for associates and myself. They questioned me today, and fired me as well. I also wrote a statement on the whole issue. I haven’t talked to police yet, and I haven’t got any word today. I also don’t have... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 30, 2021

You should not talk to anyone other than an attorney about the situation; anything you say can be used against you. You should try and hire an attorney, most have payment plans. If you cannot afford an attorney and are charged then request a public defender.

1 Answer | Asked in Criminal Law for Indiana on
Q: To fire an attorney will allow my case to be started over correct? Will it also remove the active warrant for fta?

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Andrew L. Bennett
Andrew L. Bennett answered on Dec 20, 2021

Firing your attorney will not restart your case. Your new attorney may be able to raise issues your prior attorney did not, but your case will not start over. Additionally, it will not automatically remove the FTA warrant. If your FTA was as a result of your prior attorney not advising you of a... Read more »

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Gov & Administrative Law and Municipal Law for Indiana on
Q: Is this a remedy in a criminal matter ?Conditional Acceptance, Motion for Discovery, Motion to Dismiss.

Plus taking the exposition of pleading guilty to the facts but not to a crime. This also requires them to PROVE their claims, produce first hand witnesses or injured parties, and require them to prove their bonding information, among other things

Tim Akpinar
Tim Akpinar answered on Dec 10, 2021

An Indiana attorney could advise best, but your post remains open for a week. There are a number of terms presented here, and the context is not fully clear as to whether they pertain to criminal or civil elements of a legal matter. The admiralty/maritime connection was not readily apparent from... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Collections for Indiana on
Q: If my ticket goes to collection will I be issued a bench warrant?Or a warrant period?I dont have the$ and it's due 4days

I was in a car accident that was deemed not my fault. But because my insurance had relapsed the month prior ( I was working food delivery to keep in income when the accident happened) I havent had the money to pay it. Its 12/2 and it's due by 12/6. Should I just go to the traffic court before... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 3, 2021

If your case is an infraction and you do not pay by the deadline the court should not issue a warrant, though I have seen it done. However, your license would most likely be suspended. You should file a motion with the court requesting more time to pay and state your financial issues with paying... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Indiana on
Q: What does granting in part and denying in part defendant's motion for summary judgment; granting in part mean?
Dan Moseley
Dan Moseley answered on Nov 21, 2021

In court, a "motion" is a request by one of the parties that the court make some order or orders. Here, some or the party's requests were granted by the court, others were not.

1 Answer | Asked in Criminal Law for Indiana on
Q: What would my punishment be on a class B misdemeanor possession of marjiauna less then 2 grams.
Andrew L. Bennett
Andrew L. Bennett answered on Nov 10, 2021

A Class B Misdemeanor has a penalty range from 0-180 days in jail and $0-1000.00 fine. WIthout knowing the specifics of your case, it is impossible to say what will happen in court. A lot will depend on if you hire an attorney or just go in and plead guilty. It may be possible to keep a... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: How can I find a "Petition for rescission of lifetime suspension" form (Indiana) online to print out or a sample letter?

I have searched online but am not sure of a document number for said petition. I am filing pro se to a small county & the clerk had said that even a hand written letter to the judge would suffice as it has been well over 10 yrs. since suspension took effect so even a sample letter would be helpful.

Andrew L. Bennett
Andrew L. Bennett answered on Nov 5, 2021

There is no form per se, rather look at the statute to make sure you cover all that is required to be alleged in the petition. It would be advisable to put a caption on the top and a title to the petition.

1 Answer | Asked in Criminal Law for Indiana on
Q: Expungement Eligibility and Process

Hello, I am an international student in the US on F1 Visa. 6 months back, I was simultaneously charged(NOT convicted) with 2 class C misdemeanors(1. Reckless Driving 2. Driving without ever receiving a license) in Newton County in Indiana state for the first time in my life. These have recently... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 1, 2021

Since the case has been dismissed you are soon to be eligible for an expungement, however, you have to wait one year from the offense/charge date to file the expungement. The one exception to this would be the prosecutor would have to agree in writing to an earlier expungement. After you have the... Read more »

1 Answer | Asked in Criminal Law, Banking, Federal Crimes and White Collar Crime for Indiana on
Q: Does the owner of a deposit accepting ATM machine own the cash inside as well?

Scenario: I have my own personal deposit-accepting atm machine that only I use, no one else. I make a deposit of $100 into my checking account using a $100 bill. I then physically open the ATM machine and take out that $100 bill that was just inserted (but my checking account balance remains the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 27, 2021

If I were you I would have a banking lawyer on retainer, to help you when the going gets really tough.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a person that has been kicked out of a home give cop permission to search said home
Andrew L. Bennett
Andrew L. Bennett answered on Oct 25, 2021

If a person has been kicked out of the home, it creates the impression the person does not have ownership in the home or any contractual interest in the home. If there is no ownership or contractual interest, it is questionable how the person could give officers permission to search.

1 Answer | Asked in Criminal Law for Indiana on
Q: owi involving drugs. How does law enforcement or prosecutor define intoxicated when the substance is drugs not alcoho
Andrew L. Bennett
Andrew L. Bennett answered on Oct 11, 2021

Intoxicated is not a number, its a state of being. Intoxicated is under the influence of drugs or alcohol or both to where a person's mental and physical abilities are impaired to where there is a loss of normal control of a person’s faculties. If you have a blood or breath alcohol score... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If we both got charged but everything was mine in the car and I wrote a statement would there's be dropped
Andrew L. Bennett
Andrew L. Bennett answered on Oct 5, 2021

To answer your question even with the letter whether the case is dismissed against the others will depend on the evidence and the prosecutor's discretion. Everyone should have an attorney and not try to resolve this on your own.

1 Answer | Asked in Criminal Law for Indiana on
Q: Am I going to get locked up if I don't finish my PDP?
Andrew L. Bennett
Andrew L. Bennett answered on Sep 30, 2021

If you have not complied with the terms of your pre trial diversion, the case will be resumed and you could face jail time.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a police officer legally look in a vehicle with no search warrant or the owners consent?
Joel D. Hand
Joel D. Hand answered on Sep 22, 2021

Assuming that you are referencing a situation in which a law enforcement officer is looking into a vehicle from the outside of it (e.g. through the windows), the officer would not need either a warrant nor the owner's consent. If you are referencing a situation in which the officer is... Read more »

1 Answer | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Indiana on
Q: Revoked license in IL, driving in Indianapolis on a valid Michigan drivers license. Is there a punishment, from IMPD?

Could Indianapolis police arrest the driver, having previously been revoked in Illinois despite the valid Michigan license?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

All mentioned states are the members of the Interstate Compact Agreement that share driver's information for the purposes of issuing, revoking, and suspending one's privileges.

Thus, by routine traffic stop, an Indiana police officer or a state trooper may see the actual status...
Read more »

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Indiana on
Q: Before a plaintiff can recover for proximate cause what must the plaintiff prove?

The proximate cause theory of liability was used to convict somebody; what must the plaintiff prove before the paints can use proximate cause theory as basis for his/her case?

Charles Candiano
Charles Candiano answered on Sep 3, 2021

One way is to establish that whatever happened was reasonably foreseeable given the Defendant's actions or failure to act.

"Conviction" refers to Criminal law, only."

If you were looking for something different, please re-write the question.

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1 Answer | Asked in Criminal Law for Indiana on
Q: If police found drugs and paraphernalia after a house fire; how long do they have to press charges?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 30, 2021

If the charges are misdemeanors then 2 years if they would be felony charges, then 5 years.

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