Indiana Criminal Law Questions & Answers

Q: What does a person normally get on a 5yr cap, being a habitual felon violation. ,wilwil

1 Answer | Asked in Criminal Law for Indiana on
Answered on Mar 17, 2019
Paul Stanko's answer
There is no "normal" outcome. The judge can sentence to any term up to the cap. As long as the judge does not exceed the cap on executed time, it is entirely discretionary. You waived any right to appeal by entering into an agreement.

Q: Is no news good news??

1 Answer | Asked in Criminal Law for Indiana on
Answered on Mar 17, 2019
Paul Stanko's answer
Absolutely! The worst thing you could possibly do is contact anyone in the system (prosecutor, cops, clerk's office)!

Let sleeping dogs lie, as the saying goes.

Q: Can an officer use smell of pot be probable cause to enter a home my home on a knock and talk

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Answered on Mar 15, 2019
Paul Stanko's answer
"Knock and talk" is not based on probable cause. It is entirely consensual. You should never allow a cop into your home without a warrant. If he entered your home without valid consent, you may have a basis for suppression of evidence seized.

Q: Will Indiana pick someone up from Colorado?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Mar 11, 2019
Andrew L. Bennett's answer
The answer depends on what the prosecutor wants to do. Generally, prosecutors do not extradite from another state so far from Indiana on a level six felony. However, given the Burglary case it is possible the prosecutor would be willing to pay for an extradition.

Q: I struggle with severe family issues yet CPS dont do anything on lack of evidence. I am 17 (18 in Oct) can I move out?

1 Answer | Asked in Child Custody, Family Law and Criminal Law for Indiana on
Answered on Mar 11, 2019
Andrew L. Bennett's answer
Consult with a family law attorney to discuss your options, including emancipation.

Q: Should I file a police report? What should I do?

2 Answers | Asked in Criminal Law and Car Accidents for Indiana on
Answered on Mar 11, 2019
Paul Stanko's answer
Leaving the scene of an accident causing property damage is a violation. If there truly was no damage, then there is no violation.

Q: Can an adult file a criminal complaint on behalf of another adult without their consent?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Mar 8, 2019
Paul Stanko's answer
Only a prosecutor can file charges. There is no such thing as a criminal complaint.

Q: What can I expect for a 2 counts Both A class A misdemeanors; owi endangering a person and owi with bac of .15 or more?

2 Answers | Asked in Criminal Law for Indiana on
Answered on Mar 8, 2019
Paul Stanko's answer
That question can only be answered by an attorney familiar with the specific facts. Possible penalties are up to a year in jail, fine of up to $5000, and license suspension.

Q: How do I get an attorney to listen to me when I have evidence that can prove the client innocent with no money

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Answered on Mar 8, 2019
Paul Stanko's answer
If you can't afford an attorney and have charges pending against you, you may request a public defender.

Q: my old roommate has been using my payroll card for months...

1 Answer | Asked in Criminal Law, Identity Theft, Small Claims and Employment Law for Indiana on
Answered on Feb 26, 2019
Alexander Florian Steciuch's answer
What's the question? Report him to the police, freeze your credit if you are afraid that a loan has been taken out in your name or other accounts established and look into filing a claim against him for any damages you have incurred.

Q: Do Miranda rights still exist? If so, under what conditions?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 25, 2019
Gary Kollin's answer
you must be in custody or not free to leave for Miranda to apply.

There is no requirement for a CI to identify oneself

Q: Can a adult ask for a restraining order against a juvenile from being in contact or threating another juvenile?

1 Answer | Asked in Criminal Law and Juvenile Law for Indiana on
Answered on Feb 24, 2019
Paul Stanko's answer
You can file a petition for a protective order. Go to the County Clerk's office and fill out the paperwork.

Q: My friend missed his probation he had a warrant i didnt know he was at my house they arrested me for 6 felony assisting

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 24, 2019
Paul Stanko's answer
The State will have to prove intent. Get an experienced criminal defense lawyer who practices in that county.

Q: Why is my kids father only being charged with a misdemeanor battery charge when the crime was committed on a 13yr old

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 24, 2019
Paul Stanko's answer
Prosecutors have discretion on whether to file charges and what charges should be filed. Only the prosecutor can answer your question.

Q: By law, do patients have privacy rights?

1 Answer | Asked in Consumer Law, Criminal Law and Medical Malpractice for Indiana on
Answered on Feb 24, 2019
Paul Stanko's answer
Any such violation of your privacy rights would come under Fourth Amendment analysis. The appropriate sanction would be suppression of the evidence, not dismissal of charges. Of course, suppression of evidence can often result in the State being unable to proceed, and thus dismissal.

Q: Can a defendant defend themselves under the 6th amendment of the constitution

1 Answer | Asked in Criminal Law for Indiana on
Answered on Feb 24, 2019
Paul Stanko's answer
You have an absolute right to defend yourself. The court should advise you of the hazards of doing so, as well as the fact that you will be held to the same procedural and evidentiary standards as an attorney.

That being said, defending one's self is rarely wise, even for an attorney defendant!

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