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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: If previously convicted of federal crime is all crimes committed after that considered federal

Was convicted of manufacturing a long time ago and it was a federal charge

Recently got totally different charge is the new charge considered federal also

Andrew L. Bennett
Andrew L. Bennett answered on Oct 26, 2020

Simply because you were prosecuted and convicted of federal charges does not make all future charges federal. The feds have criminal statutes as does the state, however it depends on who prosecutes you for new offenses. Some criminal laws are strictly state charges and some are strictly federal,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: if im 17 and have a domestic violence case and no contact order against my 18 year old boyfriend

can i request to the judge to drop my charges against him ? will i get introuble, i wasnt lying when the police report happened but i didnt want charges to be pressed when it happened and did not want a no contact order either , they did that themseleves. what can i do to drop the charges and no... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Oct 26, 2020

Contact the Victim's Assistant at the Prosecutor's Office and advise them of your thoughts about the case. The prosecutor has the decision on what happens, however, they have to at least take your thoughts into consideration.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can I refuse to testify against my husband?

My husband was arrested earlier this year for domestic battery against me. He was released on his own recognizance a couple of days after the incident. I testified in my husband's favor during his initial hearing and the judge, very kindly, let him go with a condition to follow a substance... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Oct 19, 2020

You have been subpoenaed and are required to appear in court. If you do not show, the prosecutor can request a body attachment where the court would issue a warrant for your arrest. You would stay in jail until you were brought in front of the judge who could compel you to testify. There is a... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: My husband was arrested for a fta in 1 county I pailed bailed 16 days ago he has a hold for other county

How many days can they hold for other county

Andrew L. Bennett
Andrew L. Bennett answered on Oct 19, 2020

The county that has the hold should be making travel arrangements to get him. If there is no other reason for him to be in the county that is holding him, it is possible the county with the hold does not know he is ready to be transported. You may want to call the jail in that county and ask that... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for Indiana on
Q: I am seeking some advice for a situation that I was in 8 years ago
Paul Stanko
Paul Stanko answered on Oct 15, 2020

Your question is not specific enough to answer.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Patents (Intellectual Property) for Indiana on
Q: I’m a 19 year old female an my boyfriend is 16 an we are pregnant can We get in trouble?Would we have to deal with dcs
Andrew L. Bennett
Andrew L. Bennett answered on Oct 12, 2020

You are both of legal age, there are no issues unless he was 15 when you got pregnant.

1 Answer | Asked in Criminal Law, Federal Crimes and Probate for Indiana on
Q: How can my boyfriend get his probation transferred?

He is on probation for 6 months in Indiana but he’s trying to be here with me in St. Louis. We planned on getting married sometimes this year, and he has a job waiting for him here already. Is that enough for them to transfer his probation?

Andrew L. Bennett
Andrew L. Bennett answered on Oct 4, 2020

He needs to speak with his probation officer and to discuss how his case can be transferred under the Interstate Compact on Probation.

1 Answer | Asked in Criminal Law for Indiana on
Q: If paraphernalia is found in a common area, and no one is tested for drugs how do they choose who to change with possess

How do they choose who to charge with possession

Andrew L. Bennett
Andrew L. Bennett answered on Oct 4, 2020

If drugs or paraphernalia are found in a common area and it is seen by all, but is tested or claims the paraphernalia. Then each person can be charged under constructive possession.

1 Answer | Asked in Criminal Law for Indiana on
Q: am I going to be charge with domestic violence?

Yesterday my wife was intoxicated, stood up in my car. When I braked she fell hitting her head. Braking my windshield. When we got home her and her friend kept drinking. She fell in the driveway hitting her chin and bleed everywhere. And I believe went unconscious. Later I was in bed she fell on... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 28, 2020

The Prosecutor's Office will review the reports and make a determination if charges are going to be filed. You should contact a local criminal defense attorney who can better answer questions about the Prosecutor's Office and can assist your wife with contacting Victim Assistance to... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: what does State's Notice of Amendment mean
Andrew L. Bennett
Andrew L. Bennett answered on Sep 22, 2020

It means they are putting the court and all parties on notice of an amendment to something such as the charging information or some other document.

1 Answer | Asked in Criminal Law for Indiana on
Q: My brothers ex sends him to jail because she initiates all fights but when he defends himself she presses charges.

My brother is autistic. His ex also has mental health issues, but won’t get help for them because she wants people to feel sorry for her. He has told my parents and I that when he tries to sleep even she wake him up by punching him. She’s cut him, broken bones, cut his head open. She hits him... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 19, 2020

In Indiana the prosecuting attorney is the only one who can bring criminal charges. Your brother does not press the charges. If a police report has not been made concerning all she has done, it should be. Additionally, contact the local office of Indiana Adult Protective Services.

FSSA:...
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1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: I'm looking for case law concerning Miranda warnings.

I'm looking for references for case law concerning when law enforcement must read a Miranda warning on scene of a domestic battery. I am a law enforcement officer and I was told by a co-worker that Miranda does not need to be issued at the scene of a domestic battery because there's case... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 16, 2020

I applaud your wanting to do it correctly. Look at Lexis or Westlaw to find Indiana cases that follow Miranda. Why isn't the prosecuting attorney giving you direction? Also, you should ask the attorney for the department, ie City or County Attorney. Does the department have an SOP?

1 Answer | Asked in Criminal Law for Indiana on
Q: Can someone be released for alleged crime and then later be issued a warrant for the same arrest?
Andrew L. Bennett
Andrew L. Bennett answered on Sep 16, 2020

Yes, it is possible. In most cases where a person was detained, then released and then later charged, the State should have requested a summons. However, in serious cases or if the State does not consider the prior detention a warrant is likely.

1 Answer | Asked in Criminal Law for Indiana on
Q: How would my wife address the prosecutor in writing a letter?

My wife and I had a heated argument took my phone and I took it back from her and was gonna take our child and leave and she called the cops and wanted me to leave for the night. Cops show up then I'm arrested and charged with domestic violence, even though she said I didn't hit or hurt... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 10, 2020

It would be expensive to hire an attorney to write a letter. Has she talked to the prosecutor's office, they should have a victim advocate who will discuss her wishes with the case. This should have already been done, since the prosecutor has a legal obligation to get input from the victim... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: How can a trial date be set before a pretrial conference?

Son was jailed for DV, bailed out, as a court date 10/26. Was informed today9/8 that there's a jury trial set for 1/2021. His ex-gf/ babies mother has told me she isnt filing charges. Has the state picked it up and besides obtaining a lawyer what should we be doing?

Andrew L. Bennett
Andrew L. Bennett answered on Sep 8, 2020

If today was his Initial Hearing, the Court likely set the jury trial as well as other dates; this is a normal action.

In Indiana a person does not file charges, so his ex-gf cannot file charges. The State of Indiana through the prosecutor chooses to file or not file charges.

Your...
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1 Answer | Asked in Criminal Law and Wrongful Death for Indiana on
Q: I live in Indiana and my neighbor said he will shoot my dog if he goes into his yard. Is this legal or a threat ?

I know president Trump just passed a new animal abuse law

Charles Candiano
Charles Candiano answered on Sep 7, 2020

No President has the authority to pass any laws. That is the exclusive province of Congress. I cannot speak to Federal Law, but Indiana State Law (IC 35-46-3-12.5) protects against Domestic violence animal cruelty

Sec. 12.5. A person who knowingly or intentionally kills a vertebrate...
Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Legal Malpractice for Indiana on
Q: I have a warrant. My lawyer didn’t appear in court after telling me the day before I didn’t have to go. What do I do?

I can’t get ahold of my attorney. Clark County Indiana

Paul Stanko
Paul Stanko answered on Sep 4, 2020

What county did this happen in?

1 Answer | Asked in Criminal Law for Indiana on
Q: Can the police open car door when k9 is doing free air sniff?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 31, 2020

If it was after the dog alerted then yes based on warrant exceptions they are permitted to open the door. If it was during the free air sniff, there may be a supressable issue. If you or the person whose vehicle was opened have not yet retained an attorney.you should consider consulting with an... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: How do I go about getting an advocate for an upcoming court case?

I'm trying to file for a virtual hearing. My abuser is an auxiliary police officer and has been helped by the cheif of the police. The hearing is for protective orders is 9-8-2020. I've also reached out to advocates with no luck. I'm a critical care rn disabled with Multiple... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Aug 29, 2020

Have you contacted the court to ask if you can appear by zoom. In addition to not feeling safe, is COVID a concern at all?

1 Answer | Asked in Criminal Law for Indiana on
Q: My pub def has not answered any call or message for six weeks. Can I request a new one?
Paul Stanko
Paul Stanko answered on Aug 27, 2020

Unless you have an urgent situation or a hearing in the near future, you should not be alarmed. Especially in the current pandemic, public defenders are swamped with cases (fewer people are working) and also having to deal with the same crisis management as everyone else in the court system. You... Read more »

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