What do you think I'll be sentenced to. This is only my second offense and it's another misdemeanor
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 »
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.
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
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.
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 »
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 »
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.
.
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 »
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
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 »
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 »
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 »
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.
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 »
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.
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.
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 »
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 »
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 »
If I were you I would have a banking lawyer on retainer, to help you when the going gets really tough.
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.
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 »
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.
If you have not complied with the terms of your pre trial diversion, the case will be resumed and you could face jail time.
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 »
Could Indianapolis police arrest the driver, having previously been revoked in Illinois despite the valid Michigan license?
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 »
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?
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.
If the charges are misdemeanors then 2 years if they would be felony charges, then 5 years.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
