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Indiana Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law, Divorce and Sexual Harassment for Indiana on

Q: I’m living in Japan but I’d like to sue my heartless ex who lives in West Lafayette. Can I sue him even I’m overseas?

Bruce Alexander Minnick answered on Jun 14, 2019

Sure, but you will have to hire an Indiana lawyer to file the suit.

1 Answer | Asked in Criminal Law for Indiana on

Q: When sentenced to 1 year probation i was instructed by the judge that I could petition the court to drop felony to misde

Is this true in Indiana

Andrew L. Bennett answered on Jun 13, 2019

In Indiana it is possible to reduce a D Felony or Level 6 Felony to a Class A Misdemeanor. If the judge said after you completed probation you could reduce your sentence, then yes its possible. If you had an attorney you should contact him/her to file the necessary motion. If you did not, then... Read more »

1 Answer | Asked in Criminal Law for Indiana on

Q: What can I do to resolve check deception charge for spouse? Fta warrant put in place after in another states custody.

Spouse in prison in different state and was in county when an fta warrant for check deception was put in place Indiana. Misdemeanor charge. Hoping I can resolve before being released from prison.

Andrew L. Bennett answered on Jun 12, 2019

You should consult with a local criminal defense attorney who knows the prosecutors office to see what if anything can be done to resolve the case. It will depend on the age of the case, how much restitution needs to be paid, etc.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: Can someone sign out of jail on their own recognizance if they have been given a surety + cash bond at the time of arres

A friend was arrested for strangulation domestic battery he has a 5250 surety bond so my question is can he sign out on his own recognizance after 48 hours

Andrew L. Bennett answered on May 26, 2019

The only way to be released OR after a bond was set is for the court to order him released OR. However, if the bond was set per a schedule and he did not bond out and the prosecutor did not file charges, the he would be released after 48 hours.

1 Answer | Asked in Criminal Law for Indiana on

Q: How can I be arrested on a level 6 felony for assisting a criminal that was at my home and I did not know had a warrant

Person was at my home I was in the shower I heard knocking got out looked around wondering where this person was turns out he had a warrant was hiding and I opened the door they said they were here for that person I let them in let them search they had no warrant for my home no warrant paperwork... Read more »

Andrew L. Bennett answered on May 26, 2019

You should contact an attorney as soon as possible to discuss the facts of the case. If the warrant did not list your address that could cause problems. Additionally, you will need an advocate to put forth your position in the case to obtain the best outcome.

1 Answer | Asked in Criminal Law for Indiana on

Q: Unlawful detainment

Bailed out of jail on Friday went to probation on following Monday they arrest me leaveing there on font my kids five cars suround us they throw me on ground keep trying tell them I just bailed out for thoae charges they tell me shut up I dont no anything hold me in jail couple hours then one the... Read more »

Andrew L. Bennett answered on May 26, 2019

You can contact an attorney who handles civil rights violation cases and discuss with them to see if you have a case.

1 Answer | Asked in Criminal Law for Indiana on

Q: Is it ok for a 25 year old to have sexual relations with a 17 year old?

Andrew L. Bennett answered on May 25, 2019

The age of consent in Indiana is 16 years of age. However, any explicit photographs or videos of a person under 18 is possession or manufacturing child pornography.

2 Answers | Asked in Criminal Law for Indiana on

Q: Hello, Can you tell me what does "Return on Search Warrant" mean in the State of Indiana? in a criminal case.

Gary Kollin answered on May 24, 2019

It means the document is an official record of what was found as a result of the search warrant

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Communications Law for Indiana on

Q: My ex monitors ALL convos between child/me & used transcribed recording as evidence, lying about origin. What can I do?

The recording was from a landline, when the child was home alone. Child & I talk across state lines. Ex also monitors all online activity & shows up places where I’m to drop off child for extracurricular activities.

Bradley Banks answered on May 13, 2019

In Indiana only one side of a call must consent to it being recorded.

1 Answer | Asked in Criminal Law for Indiana on

Q: Does it make a difference in a possession of a syringe charge, if it’s an new, unused syringe??

Bradley Banks answered on May 13, 2019

It may, an unused one would not necessarily be indicative of illegal use whereas a used needle with heroin in it would be different for example.

1 Answer | Asked in Criminal Law for Indiana on

Q: Can i travel outside of the state with a pending felony?

Andrew L. Bennett answered on Apr 30, 2019

Yes, but you must first get a travel permit from the court.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: Do you still have a jury trial if you plead guilty at the first court date?

Looking at 4 felony charges of assault with a deadly weapon in the state of Indiana. First court date is May 20th.

Paul Stanko answered on Apr 11, 2019

When you plead guilty, you admit your guilt and waive your right to any trial.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: Would my husband and I wrestling over my phone be something that can convict him in Indiana because I had scratches?

This is referring to the question I asked the other day. I want to understand the law on the matter because he shouldn't do time on this. Did the property damage add to the prosecutions case for domestic battery? His attorney is a PD and isn't much help right now.

Paul Stanko answered on Apr 10, 2019

All that needs to be proven in a battery case is that the defendant knowingly or intentionally touched the other person in a rude, insolent or angry manner. Whether or not your husband should do time, if the State proves the elements, a conviction is certainly possible.

1 Answer | Asked in Criminal Law for Indiana on

Q: 14 year old Daughter being charge with posession of a electronic cigarette when she only took 1 puff of it,

14 year old Daughter being charge with posession of a electronic cigarette when she only took 1 puff of it on the school bus, it wasn't hers it was another kids. Is that the right charge for her in Indiana?

Paul Stanko answered on Apr 9, 2019

If she took a puff on it, she was in possession, at least for that moment.

1 Answer | Asked in Criminal Law for Indiana on

Q: I just met my probation officer. How soon will I be summoned for a random drug test?

I was giving one class for alcohol abuse.

Paul Stanko answered on Apr 9, 2019

That can happen any time while you are on probation. You need to stay clean.

1 Answer | Asked in Criminal Law for Indiana on

Q: will Walmart press criminal charges even after they stated they would not

Loss prevention stops my sister at Walmart stated She did not pay for all her I tems no police involved and stated they would not Be pressing criminal charges and handed her a piece of paper stating that She will receive a letter within two weeks and to follow what the letter tells her to do.. will... Read more »

Paul Stanko answered on Apr 9, 2019

If police were not called at the time, it is unlikely that charges will be filed.

1 Answer | Asked in Criminal Law for Indiana on

Q: Can a habitual be filed on a level 6 theft that was enhanced from a misdemeanor due to a prior theft?

I read on the statues that it cannot but then it also says however it can if the other supporting felonies something or other and I dont understand what its saying. Can u help me? He just did 10 years on a habitual and got out and caught this new theft case. It was a misd. But it was enhanced. Also... Read more »

Paul Stanko answered on Apr 9, 2019

Calculating habitual enhancements can be complicated. What is needed is details of the current offense date, the dates of the prior offenses and judgments, and the charging information. Take all of this data to a defense attorney to get an opinion on whether this is an impermissible double... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on

Q: Do charges for invasion of privacy violating a NCO stand, the seperate case ordering the nco is dismissed and terminated

Different cases

Paul Stanko answered on Apr 9, 2019

If the NCO was valid and in effect at the time of the new offense, then having the underlying NCO terminated later has no impact on the later charge.

1 Answer | Asked in Criminal Law for Indiana on

Q: How long can you be held in jail on misdemeanor bench warrant before seeing a judge?

My son was arrested for driving without a license, he's already served 6days and put up a 300 dollar bond, he missed his last court date and was arrested on a bench warrant. He been in jail for 6 more days and has yet to see a judge and has no bail

Paul Stanko answered on Apr 9, 2019

It is common to be held without bond on a bench warrant for failure to appear.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on

Q: Need to know the passenger right in a vehicle of a traffic stop what's a canine 4th amendment

Can statements made after the Miranda rights are read be held against you even if you are under the influence? What is a perfect caught with drugs have to have the exact nature what exact drug or exactly that it is. drug? Under the Fourth Amendment rights can a passenger be held on a traffic stop... Read more »

Paul Stanko answered on Apr 9, 2019

Your questions are many and varied.

1. Anything you say can be held against you. Intoxication could affect the weight to be given to those statements by a judge or jury.

2. In order to prove a drug case, the State will have to document the type of drug.

3. Fourth Amendment...
Read more »

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