If your son was ticketed under I.C. 35-46-1-10.5 for Purchase, acceptance, or possession of tobacco, an e-liquid, or an electronic cigarette by a minor, then it is an infraction and not a criminal offense.
An infraction is punishable only by a fine, much like a standard traffic ticket....Read more »
In order to get a warrant, law enforcement must show the judge some evidence that demonstrates probable cause that evidence of criminal activity is present at a certain place or that a certain person committed a certain crime and should be arrested. The Probable Cause Affidavit is a sworn statement...Read more »
For a Level 6 felony, you will need to be formally booked at the jail. If the warrant was withdrawn and bail is OR or set at a fixed amount, then you will likely need to submit to fingerprinting and booking at the jail after which you will either be released on the OR bond or allowed to post the...Read more »
The owner of the company I work for has not been an active employee for over a year and may or may not still be a part-owner of the company itself. The current management is keeping things pretty close to the vest. The individual was arrested for drug-related charges and I am wondering what legal... Read more »
In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the...Read more »
As long as the habitual enhancement applies to the case, there is no statute or other law the requires the State to file that enhancement before the omnibus date. Prosecutors routinely hold back on the habitual filing at first as a bargaining chip during plea negotiations.
My boyfriend was pulled over and arrested for a warrant they searched the vehicle while he was there they found nothing took him to jail search the vehicle again before I arrived and found a handgun now he's being charged with unlawful possession of a firearm by serious violent convicted felon
If there was a valid warrant for your boyfriend's arrest, the officers are allowed to do a search incident to arrest within certain limits. Also, if the vehicle was going to be impounded, they are allowed to do an inventory search. There are many nuances and details associated with search and...Read more »
If witnesses in a trial have all given multiple statements that are all different from each other and from their own previous statements then should they be allowed to be witnesses or testify in court?
Yes, the witness can testify. Credibility of witnesses is always an issue for the finder of fact. In a jury trial, the finder of fact is the jury. In a bench trial, the finder of fact is the judge. Credibility of a witness can be attacked by prior inconsistent statements. That seems to be the...Read more »
I was arrested and released on bond never had an arrainment- i showed up on the day they gave me upon release and was told by the clerk that they had declined to file charges, then it appears a year after the issue they refiled the charges with different charges and I was never notified or served,... Read more »
owi, i have epilepsy. went long enough to get my licence, it had been years since one, my doc lowered it by 200mg and i felt it coming on so i pulled over parked at a bussiness. its complicated, my doc and my polypharmacist have both stepped in but after 1st lawyer left the 5 days ago now 2nd... Read more »
It sounds as though there is at least a possibility that you may have a defense to one or more of charges that you could be facing but there is not sufficient information in your post to know for certain. I strongly recommend that you reach out to an experienced OVWI/criminal defense attorney who...Read more »
You need to be represented by counsel. Almost everything can be played to a lesser included offense, under most circumstances. There are too many variables to discuss and there are details that should not be published in an online forum. You need to contact a criminal defense attorney who...Read more »
You can look on in.gov and see if there are forms. However, it may be wiser to consult with a criminal defense attorney since expunging convictions can get complicated depending on the number of cases as well as depending on the level of the offense there are likely different timelines and...Read more »
After court what are the chances I will go to jail . The items were only worth thirty dollars total. I have no prior criminal record or anything not even a speeding ticket. I am 18 years old. Again the main point of the question is will I go to jail or not, not will this be on my record. Thanks.
I saw her later that day and gave her my insurance information and told her I was intoxicated, she told the officer that I was intoxicated. When I when to the police station the next day to give my statement I told him I was intoxicated when I backed into her car, panicked and left the scene.
Unless the police have more than your admission of being intoxicated, I do not see how you could be prosecuted for an OWI. However, you will very likely be charged with leaving the scene of an accident. From this point forward, you should not speak to your neighbor about the situation, nor the...Read more »
It might not be reflected on mycase.in.gov but a prosecutor is most likely assigned to the case, and you or your attorney know who that is. Sometimes prosecutors get reassigned to other cases or courts.
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