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 »
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 »
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.
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 »
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 »
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 »
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?
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 »
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 »
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 »
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.
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 »
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?
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.
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 »
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 »
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?
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 »
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 »
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 »
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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