Lawyers, Answer Questions  & Get Points Log In
Indiana Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Can I still get a weapons permit if I have a class a misdemeanor charge for domestic violence.
Andrew L. Bennett
Andrew L. Bennett answered on Jan 6, 2021

If you have a conviction for a domestic battery there is a brady disqualifier that will prevent you from obtaining a gun permit. Depending on how long ago the conviction was you may be able to have it expunged. Consider speaking with a local criminal defense attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: My ex went to jail for domestic battery and strangulation charges ? Recently they dropped both felonies to misdemeanor

I had bruises on my neck for over a week a fracture foot in three spots that needed surgery . How do I go about if I don’t agree with his charges ? And how do I make him pay for my injury?

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

You can contact the prosecutor's office to speak with the deputy prosecutor assigned to the case or the victim's assistant. The prosecutor has a legal obligation to speak to the victim about the case. You can ask the prosecutor seek restitution for your damages, you can also sue him civilly.

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: I was giving 72 days and 1 Year's probation on a Class C misdemeanor is that legal and no two for one on the 72 days
Andrew L. Bennett
Andrew L. Bennett answered on Dec 28, 2020

That sounds like an inappropriate sentence. You should contact the clerk to get a copy of the sentencing order and then talk to a local criminal defense attorney.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: What constitutes a No Knock warrant in Indiana?

On a tip from a C. S. The police served a NO KNOCK warrant. For pot? First SWAT then ICE. Never identified themselves. At gun point. Wouldn’t show us the warrant. Left it after the search. Had no affidavit. They had no badges , we couldn’t EVER see they’re faces. The affidavit is excluded... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 22, 2020

You need to contact an experience criminal defense attorney in your area to discuss the case in more detail.

1 Answer | Asked in Criminal Law for Indiana on
Q: in 1982, was it a felony for a 16 year old to be charged with child molesting against another child?
Andrew L. Bennett
Andrew L. Bennett answered on Dec 22, 2020

Child Molesting has always been a felony; the 16 year old could have been prosecuted through the juvenile system or waived to adult court.

1 Answer | Asked in Criminal Law for Indiana on
Q: Aggravated assault with a deadly weapon in the presence of minors under 16 in Indiana. I was able to keep him back.

Is that even a charge in Indiana? Our battery and assault charges are togetherI believe and assault alone isn't a charge?What charge would be applicable?

Andrew L. Bennett
Andrew L. Bennett answered on Dec 15, 2020

There is no assault charge in Indiana, an assault is the threat of committing a battery. If there was a battery with serious bodily injury or a deadly weapon in the presence of a child under 16 then that would be either a level 5 felony or level 3 felony depending on the facts.

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: What if the date was wrong (dated for the day before offense) on a blood ,urine warrant..
Andrew L. Bennett
Andrew L. Bennett answered on Dec 14, 2020

Depending on other facts, it may be grounds to have the warrant and the results of the warrant suppressed. You should discuss this with your attorney, if you have not hired one then you should consult with one sooner than later.

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Landlord - Tenant for Indiana on
Q: My roommate’s sister (now irate) was staying at the apartment for free and now won’t leave?

She screams at us daily, exposes herself to Covid-19 by traveling and then comes back to the apartment, and throws things and refuses to clean after herself. (She also is often drunk or high?) She’s acting violent and we have to lock our bedroom doors at night. We asked her to leave by the end of... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 12, 2020

Have either of you discussed it with the landlord. You or the landlord can also go to court to get an order to evict her. Your landlord may also want to change the locks on your appartment.

1 Answer | Asked in Criminal Law for Indiana on
Q: Is it possible to take care of Warrant and schedule a court date while already Being incarserated elsewhere?

New case was filed after inmate was granted the work release program but now theres a warrant, is it possible to cancel out the warrant and get a court date without the inmate forfeiting the program?

Andrew L. Bennett
Andrew L. Bennett answered on Dec 11, 2020

Depending on the court, it is possible, the person should consult a local criminal defense attorney who is familiar with the court and can advocate on his/her behalf.

1 Answer | Asked in Criminal Law for Indiana on
Q: Is it legal to be pulled over on a routine traffic stop and have things like your phone and credit cards to be seized;

i was pulled over for a turn signal not being used within the required amount of feet (200) before turn. At this time on one of us had a warrant and that gave prob. cause to search the car. well they found drugs, but after they found that, the officer then took my cell phone and credit cards and... Read more »

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

To accurately answer your question is very fact sensitive and you should discuss it with a local criminal defense attorney sooner than later. If they searched your phone without a warrant and then got a warrant that would be an illegal search. Not sure why they took your credit cards unless the... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Cops entered private property no warrant search, cuff then place me under arrest. That a violation of 4th Amendment

Illegal search and seizure no warrant private property, did they violate my 4th amendment?

Sean Maye
Sean Maye answered on Nov 30, 2020

The 4th Amendment search warrant requirement is very complicated and there are several exceptions to the rule unfortunately. The answer to your question is yes, the police cannot come into your home and search it without a warrant or good-faith belief that a valid exception to the warrant... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: i was arrested april 20, 2020 on a level 2 dealing in meth. i still havent recieved a plea deal. is that normal
Paul Stanko
Paul Stanko answered on Nov 23, 2020

Every county is different, and the COVID situation has delayed things quite a lot. Contact your lawyer to see if he/she has received anything.

2 Answers | Asked in Criminal Law and Federal Crimes for Indiana on
Q: How much to retain an attorney or a level 2 felony meth charge with 2 priors
Paul Stanko
Paul Stanko answered on Nov 22, 2020

Attorneys will not generally quote fees in public forums like this. I suggest you contact me or other attorneys privately through this site. For one thing, in order to quote a fee, an attorney would need to discuss the facts of your case, and you definitely do not want to do that publicly!

View More Answers

1 Answer | Asked in Criminal Law for Indiana on
Q: What does Status of council hearing mean ?
Joel D. Hand
Joel D. Hand answered on Nov 20, 2020

It is a hearing set by the Judge to find out whether or not a party has hired an attorney yet and, if so, who that attorney may be.

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Juvenile Law for Indiana on
Q: What laws are broken in the theft of a communication device creating a safety risk?

I live in Indiana, the device was taken from a minor and is used to ensure safety by making sure she can remain in contact with a parent when playing with a group of friends a short distance from home at a playground, about half a block away from home. A teenager has been taking it from her to... Read more »

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

Have you called the police about this?

1 Answer | Asked in Criminal Law for Indiana on
Q: Can the police go though your phone on a traffic stop

I am on probation for a drug charge

Andrew L. Bennett
Andrew L. Bennett answered on Nov 9, 2020

Not without your consent or a search warrant

1 Answer | Asked in Criminal Law for Indiana on
Q: What should I do if a neighbor offered to store my car but when I went to get the car it was gone

I had checked with the neighbor several times on the car and he never said there was any problems he's also a mechanic and was supposed to fix the vehicles but never did he stated that his boss who owns a tow company took the car but he never towed, worked on, or stored my car

My... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 9, 2020

If you can show proof of ownership, make a police report. You will then have to decide if you request criminal charges be filed or sue him in civil court.

1 Answer | Asked in Criminal Law for Indiana on
Q: I file a petition to waive reinstatement fees for driver's license and the response was they waived the filing fees

does that mean they waived the filing fee that it cost to file a petition or did they waive the reinstatement fees due to me being indigent

Andrew L. Bennett
Andrew L. Bennett answered on Nov 1, 2020

It sounds like the filing fees for filing the petition. However, after a hearing the court may waive the reinstatement fees as well.

1 Answer | Asked in Criminal Law for Indiana on
Q: Would I still be elg. for expungement after 5 yrs, if charged with a dui that was dism. through diversion program after?

Conviction was a non-violent misdemeanor

Andrew L. Bennett
Andrew L. Bennett answered on Nov 1, 2020

If the case was dismissed then you would be eligible for expungement after the case was dismissed and more than one year had passed since the offense date.

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.