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Indiana Criminal Law Questions & Answers
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 »

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Indiana on
Q: How do I know as a minor what kind of protection/restraining order was put on my boyfriend by my parents?

We began dating 7 months ago I was 15 he was 19, he's now 20. My parents knew about our relationship the entire time, but they decided to put a restraining order when they found details of our relationship. I'm just wanting to know if it is a restraining order that will expire, one I can... Read more »

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

The protective order is likely for 2 years so it will expire before you turn 18, however, your parents may be able to get an extension. Additionally, if you and your boyfriend are sexually active and there is more than 4 years in age difference, he is committing Sexual Misconduct with a Minor... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Indiana sentenced under old law before July 1 2014 . violated twice as a condition of probation what’s the credit time

I violated twice 3 do 18 months... 180 do 90 days served then 144 days did 72 then 720 365 she is arguing it was condition of probation and credit time isn’t the same but that’s the new law and she says I still have a boat load of time left to serve I need to see if I can even dispute this and... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Apr 3, 2021

You should contact the attorney who assisted you with the plea agreement to get a more definite answer, however, you should be getting day for day credit.

1 Answer | Asked in Criminal Law for Indiana on
Q: My 19yr old niece has had a membership @ a tanning salon for over a year now. Recently she took a “friend “ with her who

Influenced her to steal tanning lotions. She believes they are aware & seen her on camera. Can a warrant be issued & if so would it be issued immediately? Meaning after the police report was filed? We have no clue if any of this has happened she’s just VERY nervous to the point she won’t go to tan.

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

If charges are filed you would be able to see them on mycase.in.gov, unless the prosecutor requested the warrant be sealed.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Indiana on
Q: My son's daughter's mother is crazy

My son's baby mamma acted on text massages saying she was going to find and hurt his new gf , she came in to my home and beat her while she knew she was pregnant. She is in jail cps found her and her mother unfit to have my grand baby and gave my son guardianship. We want full custody how... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Mar 15, 2021

Your son should contact a local family law attorney to discuss his options and the best way to move forward with custody.

1 Answer | Asked in Criminal Law for Indiana on
Q: can a court convict me of a felony for arrears only?

daughter has been emancipated for almost 5 years, i have missed some payments for arrears and now the state has opened it as a new nonsupport case level 5 felony. again, i only owe arrears.

Andrew L. Bennett
Andrew L. Bennett answered on Mar 15, 2021

Yes, it is the arrears that is the basis for the charge of failing to pay child support. Hire an attorney asap

1 Answer | Asked in Criminal Law for Indiana on
Q: can you please impound my vehicle if I have a warrant out for my arrest for probation violation
Andrew L. Bennett
Andrew L. Bennett answered on Feb 25, 2021

I am assuming you meant "can police impound my vehicle . . . " If you are stopped in your vehicle and on a public road or location and not your property, the police can impound your vehicle as part of their caretaking function to prevent theft or damage. If it is in a location where... Read more »

2 Answers | Asked in Criminal Law for Indiana on
Q: Can someone get arrested for resisting arrest if they are not commiting a crime?

The defendant was told he was not being arrested or detained that the officer just wanted to speak to him. The officer asked for the knife on his belt and the defendant said he'd like to keep it since he was not being arrested or detained and was not on probation and had no wants or warrants.... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 23, 2021

It sounds like there is a lot going on and to accurately answer the questions, to get all the details, he needs to consult with a criminal defense attorney sooner than later.

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can someone be charged with unlawful possession of a syringe in Indiana if it was just found NEAR them in a public place

He was jumped by a group of guys who were trying to rob him because they knew he had just got all of his unemployment back pay in one lump sum. When the cops, fire department and emts arrived they found him unconscious on the ground with a syringe laying next to him. He didn't have any drugs... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 23, 2021

In Indiana, possession can be either actual (on the person) or constructive. To be constructive possession the state will need to prove that it was within his dominion and control. Obviously, if it was found by him it is within his dominion, however, they also must prove he knew of its existence.... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Indiana. I’m 16 and I got into a fight with a 20 year old on our property after he wouldn’t leave. Will I be in trouble?

My sisters ex came onto our property causing problems, him and his dad tried to jump my dad so I pushed the 20 year old away and he hit me so I defended myself. Will I be having any trouble and will he? The cops were called and it was sent into the prosecution office

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

It sounds like you have a good self defense case. It will be up to the prosecutor to review everything that was sent to him/her to make a charging decision.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can Marshall county Indiana charge a person with a crime almost 2yrs after someone else plead guilty to the charge.

Our daughter was dating a guy who started dealing drugs after they started living together. He got caught, charged and sentenced. Almost 2yrs. later and after our daughter got herself into trouble (misdemeanor and probation) the only thing on her record. The county police show up saying they were... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 15, 2021

Yes, Marshall County can charge your daughter with a crime that someone else pled guilty if the allegations are she is a co-defendant in the commission of the crime. If they are charging her with murder or another homicide charge, the $25K bond is normal. She should hire an attorney who can... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If you take a vehicle with the keys in it but didn't have permission took it across state lines can you be tried twice
Andrew L. Bennett
Andrew L. Bennett answered on Feb 11, 2021

Both states would have jurisdiction over the auto theft and it would have been a continuing crime while going from one state to the next. Both could prosecute for the violations of law in each state, however, the prosecuting attorney in one may elect to not pursue the charges based on charges in... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: How long can a arrest warrant be sealed? And how does a person access the probable cause affidavit?

Our daughter was dating a guy who acquired a case and has been convicted and sentenced. Over one year later Elkhart Police show up with a sealed warrant for our daughter. No one ever received notice there was ever a hearing to seal the warrant. Not sure if administrative rule 9 was used. The only... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 9, 2021

A prosecuting attorney when filing charges can request the court seal the warrant until the person has been arrested. It is done so the person does not find out about the charges and flee the jurisdiction. Once the person has been arrested on the warrant and is in the county where the warrant was... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: A felony from 2014 marijuana possession, and a felony 6 for meth possession in 2021. What length sentence is there?

If someone has a felony for marijuana possession from 2014, and now has a felony 6 for meth possession in 2021, what length sentence are they facing? Online states the sentence for a first felony as 6 months to 2 and a half years, but not a sentence for a 2nd felony. This happened in Indiana.

Andrew L. Bennett
Andrew L. Bennett answered on Feb 8, 2021

A level 6 felony has a penalty range of 6 months to 2 1/2 years with an advisory sentence of one year, even for a second offense and also any subsequent offense. However, with prior convictions the sentence can be aggravated from the advisory to the max sentence. If the second offense has an... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I was charged in 2015 for 2 level 6 felonies bailed out and was on bail for 2 yrs was sentenced to five years probation

Which was 2 900 day consecutive sentences I competed one and PTR in 2020 also getting a level 5 felony when I got arrested. Then I did 210 days in jail and they only gave me 76 days credit shouldn't it have been I got a day for every day I did in jail? Two for one?

Andrew L. Bennett
Andrew L. Bennett answered on Feb 8, 2021

If you had an attorney, you should contact your attorney to make sure the credit time is correctly allocated. Jail credit for a Level 6 is day for day and on the Level 5 it is one for four.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can you be held accountable for failure to appear if incarcerated in another county jail the day your being charged?

My boyfriend got arrested in dubois county on 2/4/2021 to them find out he had a writ body attachment on him dated 2/6/2020 from crawford county for failure to appear but he was incarcerated in pike County jail the day he is being charged? Is this really legal? Now dubois county is holding him till... Read more »

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

Yes, it is a common occurrence and the Crawford Co. court put the detainer on him to make sure he appears in court. DuBois County must honor the warrant until Crawford Co. jail can arrange transport. The Crawford Co. court will want to know why when he was released in Pike Co. did he not contact... Read more »

1 Answer | Asked in Child Custody, Child Support, Family Law and Criminal Law for Indiana on
Q: Do I have to pay child support if child has been removed from the home by dcs for the reason the mom kicked them out?

Mother is having felony neglect charges

Troy Tyson
Troy Tyson answered on Jan 25, 2021

That depends. It is possible, but usually that decision will be made by the court that is handling the DCS case.

1 Answer | Asked in Criminal Law for Indiana on
Q: I have a criminal case in johnson I need represented for how to find the most affordable prices?
Andrew L. Bennett
Andrew L. Bennett answered on Jan 21, 2021

The way to find the best attorney for you, one that you can feel comfortable with and can afford is to call several, most have free consultations, to discuss your matter with them. Additionally, most attorneys have payment arrangements to make monthly payments. You can use the Find a Lawyer... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Will I do jail time for a possession of marijuana under 20 grams

I live in Michigan which is a legal marijuana state and got pulled over with some marijuana in my trunk in Indiana that I forgot about. The court date is 4 hours away. Will I go to jail what do I do?

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

You should contact an attorney who is familiar with the county where your case is pending. Jail is always a possibility, however, an attorney can protect your rights and interests, as well as possibly negotiate a resolution to the case where you would not have to come back to IN to conclude the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: What does order granting petition to revoke probation mean?
Andrew L. Bennett
Andrew L. Bennett answered on Jan 12, 2021

It means either the probation or the prosecutor filed a petition revoke a person's probation for violating a term of probation. The court granted the filing of the petition and either a summons or a warrant will be issued.

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