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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: what gonna happen in the court for my son for Unlawful Possession of Tobacco, e-Liquid or an Electronic Cigarette

My son is 18 years

James A Hanson
James A Hanson
answered on Jan 26, 2023

If your son was ticketed under I.C. 35-46-1-10.5 for Purchase, acceptance, or possession of tobacco, an e-liquid, or an electronic cigarette by a minor, then it is an infraction and not a criminal offense.

An infraction is punishable only by a fine, much like a standard traffic ticket....
Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: What does it mean if they say probable cause affidavit for arrest warrant?

Does this mean they will come to your house?

James A Hanson
James A Hanson
answered on Jan 26, 2023

In order to get a warrant, law enforcement must show the judge some evidence that demonstrates probable cause that evidence of criminal activity is present at a certain place or that a certain person committed a certain crime and should be arrested. The Probable Cause Affidavit is a sworn statement... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I was charged with a level 6 felony in Indiana. My warrant was recalled. What are my chances of going to jail at the

Initial hearing

James A Hanson
James A Hanson
answered on Jan 26, 2023

For a Level 6 felony, you will need to be formally booked at the jail. If the warrant was withdrawn and bail is OR or set at a fixed amount, then you will likely need to submit to fingerprinting and booking at the jail after which you will either be released on the OR bond or allowed to post the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a warrant be issued in Indiana for a cause that has been disposed.?
James A Hanson
James A Hanson
answered on Jan 26, 2023

Your question is a bit confusing.

A warrant can be issued in a unique cause number prior to any charges being filed. This is done quite often and usually the unique cause is sealed until after the warrant is served.

A warrant can be issued as part of the initial filing of a felony...
Read more »

1 Answer | Asked in Employment Law, Criminal Law and Health Care Law for Indiana on
Q: If a licensed therapist who owns the practice is arrested, what legal/employment implications are there for employees?

The owner of the company I work for has not been an active employee for over a year and may or may not still be a part-owner of the company itself. The current management is keeping things pretty close to the vest. The individual was arrested for drug-related charges and I am wondering what legal... Read more »

James A Hanson
James A Hanson
answered on Jan 26, 2023

In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: In indiana can a prosecutor file a habitual offender on someone well after their omnibus date has passed?
James A Hanson
James A Hanson
answered on Jan 26, 2023

As long as the habitual enhancement applies to the case, there is no statute or other law the requires the State to file that enhancement before the omnibus date. Prosecutors routinely hold back on the habitual filing at first as a bargaining chip during plea negotiations.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: I need a civil rights lawyer in Indiana to help with violation of civil rights and human rights being violated

Husband has many of his rights being violated including;

#2- freedom from discrimination

#3- right to life and safety

#5- freedom from torture and inhumane treatment-- not even anything but one little blanket during the Sub-Zero degrees no heat and there was snow on his bed.... Read more »

James A Hanson
James A Hanson
answered on Jan 26, 2023

There doesn't appear to be question posed, but the issues you are raising are issues that need to be discussed with an attorney actually handling the case.

If you husband has an attorney (retained or appointed) these are issues that need to be discussed with that attorney.

1 Answer | Asked in Criminal Law for Indiana on
Q: Vehicle was searched nothing was found took boyfriend to jail searched again and found a handguns that allowed

My boyfriend was pulled over and arrested for a warrant they searched the vehicle while he was there they found nothing took him to jail search the vehicle again before I arrived and found a handgun now he's being charged with unlawful possession of a firearm by serious violent convicted felon

James A Hanson
James A Hanson
answered on Jan 20, 2023

If there was a valid warrant for your boyfriend's arrest, the officers are allowed to do a search incident to arrest within certain limits. Also, if the vehicle was going to be impounded, they are allowed to do an inventory search. There are many nuances and details associated with search and... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: Can a person be a witness in a trial if they have already made 2 or 3 statements & they are all different? Not Credible?

If witnesses in a trial have all given multiple statements that are all different from each other and from their own previous statements then should they be allowed to be witnesses or testify in court?

Joel D. Hand
Joel D. Hand
answered on Dec 9, 2022

Yes, the witness can testify. Credibility of witnesses is always an issue for the finder of fact. In a jury trial, the finder of fact is the jury. In a bench trial, the finder of fact is the judge. Credibility of a witness can be attacked by prior inconsistent statements. That seems to be the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I decided to check mycase and found a writ but have never been notified of a court date or served any paperwork

I was arrested and released on bond never had an arrainment- i showed up on the day they gave me upon release and was told by the clerk that they had declined to file charges, then it appears a year after the issue they refiled the charges with different charges and I was never notified or served,... Read more »

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 6, 2022

You should consult with a local criminal defense attorney to see what your options are, there could be a basis to dismiss.

1 Answer | Asked in Criminal Law, DUI / DWI and White Collar Crime for Indiana on
Q: Can anyone help me ?? 2 lawyers have withdrew for bigger permenent jobbs which i guess i undwrstand I need lawyer &advic

owi, i have epilepsy. went long enough to get my licence, it had been years since one, my doc lowered it by 200mg and i felt it coming on so i pulled over parked at a bussiness. its complicated, my doc and my polypharmacist have both stepped in but after 1st lawyer left the 5 days ago now 2nd... Read more »

Joel D. Hand
Joel D. Hand
answered on Nov 17, 2022

It sounds as though there is at least a possibility that you may have a defense to one or more of charges that you could be facing but there is not sufficient information in your post to know for certain. I strongly recommend that you reach out to an experienced OVWI/criminal defense attorney who... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If a theft case is dismissed without prejudice in Indiana what is statute of limitations on it being refiled

I am a juvenile diabetic and had a very bad low which requires hospitalization I almost died and I was in grocery store with mother

Cop charged me with a felony.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Nov 7, 2022

The State has the period of the statute of limitations to refile charges. If its a felony, then the period is 5 years from the date of the incident.

1 Answer | Asked in Criminal Law for Indiana on
Q: for 9-21-8-33(a)/IFA: Failure to Yield at Yield Sign-Involves bodily injury should you plea not guilty even if you are?

could this possibly be plead down to a falure to yeild or something?

Charles Candiano
Charles Candiano
answered on Oct 11, 2022

You need to be represented by counsel. Almost everything can be played to a lesser included offense, under most circumstances. There are too many variables to discuss and there are details that should not be published in an online forum. You need to contact a criminal defense attorney who... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Looking to get my records expunged but I know little to no information, I don't no how to go about it (Indiana)

Looking to get more info like what paperwork I should file if I need a lawyer or not to do this money court cost expectations

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Sep 12, 2022

You can look on in.gov and see if there are forms. However, it may be wiser to consult with a criminal defense attorney since expunging convictions can get complicated depending on the number of cases as well as depending on the level of the offense there are likely different timelines and... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I was urine tested today on house arrest in Indiana and I'm pretty sure it will come back as a positive what will happen

This is my first ever failed screen I'm on house arrest until December 5th

Greg Spencer
PREMIUM
Greg Spencer
answered on Sep 7, 2022

If this is your very first write up, it may be possible to have an administrative hearing. It depends on the county, and if it is your first dirty drop or not.

It is also possible community corrections file a violation with the court.

1 Answer | Asked in Criminal Law for Indiana on
Q: I shoplifted for the first time and got caught. The cops arrested me and let me go with a citation for court.

After court what are the chances I will go to jail . The items were only worth thirty dollars total. I have no prior criminal record or anything not even a speeding ticket. I am 18 years old. Again the main point of the question is will I go to jail or not, not will this be on my record. Thanks.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Sep 6, 2022

You should contact a local criminal defense attorney to discuss the situation, most offer free consultations. An attorney should be able to help keep this off your record.

1 Answer | Asked in Criminal Law for Indiana on
Q: My boyfriend's been in jail for 15-day hold for a violation of probation will they give him a bond after his 15 days are
Greg Spencer
PREMIUM
Greg Spencer
answered on Sep 5, 2022

It depends on the county and the seriousness of the violation. Mycase.in.gov may state “hold then bond in the amount of…or “15 days hold then no bond hold.”

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: I backed up into my neighbors car while intoxicated and left the scene. What changes should I expect?

I saw her later that day and gave her my insurance information and told her I was intoxicated, she told the officer that I was intoxicated. When I when to the police station the next day to give my statement I told him I was intoxicated when I backed into her car, panicked and left the scene.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Aug 26, 2022

Unless the police have more than your admission of being intoxicated, I do not see how you could be prosecuted for an OWI. However, you will very likely be charged with leaving the scene of an accident. From this point forward, you should not speak to your neighbor about the situation, nor the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Hi is it illegal for a prosecutor for criminal case to not file appearance
Greg Spencer
PREMIUM
Greg Spencer
answered on Aug 16, 2022

It might not be reflected on mycase.in.gov but a prosecutor is most likely assigned to the case, and you or your attorney know who that is. Sometimes prosecutors get reassigned to other cases or courts.

1 Answer | Asked in Criminal Law for Indiana on
Q: I am being charged with a neglect of a minor , it was just issued a few days ago but it’s saying the incident happene

Said incident happened on 4/9 of this year but I was never arrested or charged with anything but now all of a sudden I’m being charged, and this is the first I’m hearing of this, is this legal

Greg Spencer
PREMIUM
Greg Spencer
answered on Aug 14, 2022

Yes. There may be different reasons fir it including late reporting of the alleged crime.

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