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Indiana Criminal Law Questions & Answers
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 »

1 Answer | Asked in Criminal Law for Indiana on
Q: I was charged with underage possession of alcohol and also underage nicotine (vap). but both written on same ticket. ok?
Andrew L. Bennett
Andrew L. Bennett answered on May 17, 2021

Yes, it is common for multiple offenses to be written on the same ticket.

1 Answer | Asked in Criminal Law, Federal Crimes and Contracts for Indiana on
Q: 2 months after serve out of parole in Kentucky, Indiana parole office along with two Tell City, Ind. officers.

Kick in my dad's house, handcuff and hold at gun point my little brother and go through all my father's residence, property and garages. My buddy's house is kicked in and searched and my house is doors rammed off the hinges and completely tossed upside down to the point of... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on May 11, 2021

I'd suggest consulting with a civil rights attorney who is familiar with 1983 actions. Keep in mind you have a time limit to put the agencies on notice.

1 Answer | Asked in Criminal Law for Indiana on
Q: I have a dear friend that might go to jail due to failed drug screen for meth what are the steps she can do before court

To help keep her out of jail

Thank you sincerely

K. Aaron Heifner
K. Aaron Heifner answered on May 9, 2021

Although there’s no guarantee., I recommend that my clients attend drug treatment. They should attend outpatient classes at a minimum but possibly inpatient if needed?

This should be started and hopefully completed prior to the evidentiary hearing.

1 Answer | Asked in Criminal Law for Indiana on
Q: I can’t find information on marijuana laws in Indiana. Can I smoke in my backyard or can my neighbors call the police?

I want to be able to smoke outside, but I’m worried if a neighbor smells it that they will call the police. Since I wont be operating a vehicle can I get in trouble?

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

Marijuana is illegal to use in Indiana, whether on your personal property or public property. If your neighbors call, you could get in trouble.

1 Answer | Asked in Criminal Law for Indiana on
Q: Why would a felony D Theft be the charge in Indiana on a case where $85 was the amount allegedly taken?
Andrew L. Bennett
Andrew L. Bennett answered on May 4, 2021

In Indiana Theft is now a class a misdemeanor unless the value is over $750 then it would be a level 6 felony. However, if the offense took place under the old law, offense prior to 2014, where theft is a class D felony then the $750 threshold does not apply.

1 Answer | Asked in Criminal Law for Indiana on
Q: Dear Mr. Andrew Bennett:In answer to your question, DRUNK or STONED.

NO, He has been driving on a SUSPENDED license for 10 years. Had multiple vehicular accidents, has MANY FTA's. No, he was NOT drunk or stoned. What does that have to do with him hitting a HUMAN BEING, only stopping because there was a witness, or I would be DEAD. He was looking at a REAL... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 27, 2021

Previously you did not mention he failed to remain at the scene and was driving away but for a person stopping him. That fact would support a charge of leaving the scene of an accident as a misdemeanor. If your injures are within the definition of moderate or serious bodily injury the charges can... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: In the state of INDIANA, COUNTY of HANCOCK, town of GREENFIELD is it NOT a FELONY to hit a person with an automobile?

1. Car was driven by a person with a SUSPENDED (for 10 years) LICENSE

2. Woman who came to scene to get car provided (and DELIBERATELY) FALSE DOCUMENTATION.....RE......INSURANCE expired NOVEMBER 05, 2020, and that she was his wife......she is married to someone else to the POLICE OFFICER

Andrew L. Bennett
Andrew L. Bennett answered on Apr 26, 2021

There needs to be more facts to answer your question accurately. Did the driver deliberately hit the person? Was he drunk/stoned? Was the suspension a result of an offense or infraction? If it was an accident only then there would be no criminal charges for driving while suspended. However, if... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: If a person is brandishing a firearm on the city sidewalk and you're on your property can you shoot them with a handgun?
Paul Stanko
Paul Stanko answered on Apr 25, 2021

I don't know what you mean by "brandishing", but it would take far more than that to justify use of deadly force against that person. Keep in mind that there IS a right to bear arms, both for you and the other person. You can't just shoot people because they are armed.

1 Answer | Asked in Criminal Law for Indiana on
Q: Well my sister still get off parole if she doesn't come back?

She was doing good no new charges had a failed screen they wanted her to go to a rehab again and she decided to leave town. She has about 5 months left on parole and just wants to be done so she left. I'm just wondering if she will still be able to get off parole like she was originally going... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 19, 2021

If she has a violation of parole for a drug test and then chose to leave town without permission, she will have another violation and it is most likely she will have a warrant for her arrest. The longer she waits the worse it will get for her.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can they extend your probation when they modify it without telling you or having you sign paperwork about extending it?

I was sentenced to 258 days of probation on feb 10th they violated my probation in March and modified it in June of 2020. Now they violated me again in March 2021 but my probation should be over if they extended it I. Didn’t know and I never seen paper work or signed anything saying it was... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 17, 2021

When a probation revocation is filed it tolls the time of probation running thereby extending your probation. So when you were violated in March 2020 and it was then modified in June of 2020, if I have the facts correct then most likely your time was tolled while the revocation pended from March... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Hi. I am asking for a friend. So my friend and her ex boyfriend have a house together in Beech Grove, IN. They rent

And are Both on the lease. Her 18 son was staying there until the ex kicked him out. She went back today to get her some things and the ex thought her son was with her so he took his loaded gun and went outside and fired 4 shots at the jeep thinking her son was in there but he wasn't. Her... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 16, 2021

That would be a question for the officers who responded to the scene or their superiors. If he admitted to shooting the gun, they saw the gun and there was evidence of gun shots in the jeep, other witnesses who observed him shoot, the officers could have made an arrest. If those facts are... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Indiana on
Q: I have seen in some states if I’m 17 can I voluntarily runaway or is it illegal in Indiana ?
Andrew L. Bennett
Andrew L. Bennett answered on Apr 15, 2021

It is illegal in indiana to run away as a juvenile, however, you may be able to seek emancipation which is saying you are legally an adult.

1 Answer | Asked in Criminal Law and Juvenile Law for Indiana on
Q: My son has missed allot of school, can I eventually get in trouble for him not going??? How can I make him go legally?
Andrew L. Bennett
Andrew L. Bennett answered on Apr 13, 2021

Yes, you can be charged with educational neglect. If he is not showing for school, contact the school resource officer.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can my 15 yr old be arrested for being violent, destroying the house, breaking things? Hes a 6" 250 lb boy.
Andrew L. Bennett
Andrew L. Bennett answered on Apr 12, 2021

Yes, he can be charged through the juvenile court.

1 Answer | Asked in Criminal Law for Indiana on
Q: My friend was driving my car he got a dealing in possession of methamphetamine charge they found drugs on the floor

Does that make it mine because it's my car I got a possession charge probable cause charge so far

Charles Candiano
Charles Candiano answered on Apr 7, 2021

"Possession" means that something is "within your scope of control." It has nothing to do with "ownership." Drug laws intentionally make NO DISTINCTION between possession and ownership because it is contraband - illegal to have it - irrespective of whether it belongs... Read more »

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