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Indiana Criminal Law Questions & Answers
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Could Indianapolis police arrest the driver, having previously been revoked in Illinois despite the valid Michigan license?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.

1 Answer | Asked in Car Accidents, Criminal Law, Products Liability and Traffic Tickets for Indiana on
Q: Is backing out of a private driveway with my truck which had a car trailer behind it at time onto a state highway illegl

I made sure both directions was clear of any on coming traffic. I was in process of still backing out Had trailer completely on the highway was getting truck straightened out then seen a truck coming fastly towards me he wasn't slowing down i hurried got truck back into driveway but other... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 29, 2021

An Indiana attorney could advise best, but your question remains open for three weeks. Unfortunately, the scenario you describe places the primary blame on you. In virtually any jurisdiction, entering the main roadway from a driveway gives right of way to drivers already proceeding in the main... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If a search warrant is being executed for a person on home detention, is a seperated warrant needed for a locked safe?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 28, 2021

That will depend on the facts of the case and is the safe listed in the original search warrant.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Internet Law for Indiana on
Q: I got a question so as a victim do I have to testify at a bail revocation

Cause the person who did this violated the no contact order and the bail revocation hearing is before the trial

Charles Candiano
Charles Candiano answered on Aug 22, 2021

Only if you want his/her bail revoked.

1 Answer | Asked in Criminal Law for Indiana on
Q: How can I find who is the public defender assigned to a case.ive tried calling the office
Andrew L. Bennett
Andrew L. Bennett answered on Aug 18, 2021

If the county where the charges are pending is using Odyssey/mycase (mycase.in.gov) you can look up the case and it should list who is the PD assigned.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can I be convicted of a syringe charge if the syringe has no needle and no plunger and no drugs
Andrew L. Bennett
Andrew L. Bennett answered on Aug 13, 2021

It will depend on many other facts. You should consult a criminal defense attorney right away.

1 Answer | Asked in Criminal Law for Indiana on
Q: What does this mean? "Defendant appears with counsel, Earnst enters. State by DPA. "
Andrew L. Bennett
Andrew L. Bennett answered on Aug 13, 2021

It means the defendant appeared with his attorney (likely Kurt Earnst) who also entered his appearance and the state was present by its Deputy Prosecuting Attorney.

1 Answer | Asked in Criminal Law for Indiana on
Q: Do I have a suppress motion? Pulled over.pass. had warrant. Found para. On therm.ask to search me. No, called dogs waitn

Asked about weap.knife clipped to pocket he opened pocket (no pat down)looked in said"oh that's why.'saw a glass stem. Pulled it out then reached into other pocket pulled outbag. Off to jail I went.... No dog no field test..

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

What you have detailed seems to show there are problems with the case, however to know whether there is evidence that is suppressible would require an attorney to fully review the reports and other evidence in the case. You should consult with a criminal defense attorney to get a better idea of... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: My friend witnessed domestic violence and she didn't intervene. Is she in trouble?

The man was 6'4" security guard who. eat his girlfriend. My friend was afraid for her own safety and was afraid if she acted he would turn his attention on her. Prior to the attack, the man's girlfriend tried to force herself on my friend, that's when he attacked his girlfriend.

Andrew L. Bennett
Andrew L. Bennett answered on Jul 6, 2021

Your friend would not be in trouble for not intervening especially in light of the size difference between her and the abuser. If charges are filed against him for beating his girlfriend, your friend may be required to testify.

1 Answer | Asked in Criminal Law for Indiana on
Q: Where do I find the definition of intoxicated in the Indiana law regarding Habitual Traffic Violator?

everything I read refers to alcohol, looking how one is habitual traffic violator for drug use.

Andrew L. Bennett
Andrew L. Bennett answered on Jun 25, 2021

Intoxication is not an element of Habitual Traffic Violator. To be HTV a person is determined based on accumulating 3 major moving traffic violations in a 10 year period or 10 judgements for moving violations with either 1 or 2 being major moving traffic violations and the others being minor... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If my charges are: 35-43-4-2(a) ma what kind of punishment is possible
Andrew L. Bennett
Andrew L. Bennett answered on Jun 22, 2021

If you have been charged with Theft as a Class A Misdemeanor, the possible penalties are 0 up to one year in jail and $0 up to a $5,000 fine. A conviction would also be for a crime of dishonesty which could have collateral consequences. If you have not discussed your case with a local attorney... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I am scheduled for jury trial class B msd in july. I was charged last september. What happens for time waiting for tria
Andrew L. Bennett
Andrew L. Bennett answered on Jun 19, 2021

If you are referring to does the time count towards your sentence if convicted, the time does not. It is simply time waiting for your case to go through the court process. The only way it counts for anything is if you requested a speedy trial per CR4B and the trial is taking place outside the 70... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Indiana on
Q: My husband has federal court coming up and on the court docket it has Plaintiff: USA Defendant: (a different name.

It has my husbands co-defendant)

My question is why is that like that?

Matthew Williams
Matthew Williams answered on Jun 14, 2021

It really depends where on the docket you are looking, but case captions are generally limited to one name. So you'll often see USA v. John Doe, et al. The et al. stands for everyone else. Some cases have lots of defendants and it would make things awfully cumbersome if they all had to be... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: My boyfriend was arrested for carrying a handgun this is his second time with this charge what is he facing
Andrew L. Bennett
Andrew L. Bennett answered on May 29, 2021

Most likely he is looking at a level 5 felony which has a penalty range of 1-6 years in prison and up to a $10,000 fine.

1 Answer | Asked in Criminal Law for Indiana on
Q: If I was charged with a crime 6 years ago for theft does the statute of limitation of 5 years terminate those charges?

In December of 2014 and January of 2015 I caught the charges and then came to Florida before I was sentence or to go to the court does the statue of limitation of 5 years drop those charges?

Andrew L. Bennett
Andrew L. Bennett answered on May 21, 2021

The Statute of Limitations (SoL) controls when the state has to file the charges. So from the offense date to the filing date cannot be more than 5 years on most felonies. Therefore, if you were charged within the 5 years, but have not gone to court the SoL will not terminate the charges.... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I'm doing a paper for school, and wanted to ask how the testing process for the insanity plea normally goes during trial

I need to know how long the testing normally goes for, what happens to the trial during that time, etc. Thank you for your time

Andrew L. Bennett
Andrew L. Bennett answered on May 18, 2021

If a person is claiming insanity, they must file a notice with the court, long before trial. In Indiana there is a specific statute for defenses and when they must be filed. If the court agrees there is a basis for the assertion of insanity, the court will appoint 2 to 3 independent psychologists,... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a detective just send a criminal investigation case to the prosecutor without interviewing you as the def first?

I worked for a construction company as the sales rep and on site manager to make sure jobs were done. I bid jobs, accepted check payments from customers made to the business and over saw the jobs get done. My boss is a crook, his customers are suing us both. I had no legal tie to the bank acct nor... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on May 18, 2021

YES, that happens quite regularly. It is not the best police work, however, people refuse to speak to officers/detectives all the time so many times charges go over to the prosecutor without an interview. Also, you refused to speak with him the first time and he likely believed that would be the... Read more »

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