"Possession" means that something is "within your scope of control." It has nothing to do with "ownership." Drug laws intentionally make NO DISTINCTION between possession and ownership because it is contraband - illegal to have it - irrespective of whether it belongs...Read more »
We began dating 7 months ago I was 15 he was 19, he's now 20. My parents knew about our relationship the entire time, but they decided to put a restraining order when they found details of our relationship. I'm just wanting to know if it is a restraining order that will expire, one I can... Read more »
The protective order is likely for 2 years so it will expire before you turn 18, however, your parents may be able to get an extension. Additionally, if you and your boyfriend are sexually active and there is more than 4 years in age difference, he is committing Sexual Misconduct with a Minor...Read more »
I violated twice 3 do 18 months... 180 do 90 days served then 144 days did 72 then 720 365 she is arguing it was condition of probation and credit time isn’t the same but that’s the new law and she says I still have a boat load of time left to serve I need to see if I can even dispute this and... Read more »
Influenced her to steal tanning lotions. She believes they are aware & seen her on camera. Can a warrant be issued & if so would it be issued immediately? Meaning after the police report was filed? We have no clue if any of this has happened she’s just VERY nervous to the point she won’t go to tan.
My son's baby mamma acted on text massages saying she was going to find and hurt his new gf , she came in to my home and beat her while she knew she was pregnant. She is in jail cps found her and her mother unfit to have my grand baby and gave my son guardianship. We want full custody how... Read more »
I am assuming you meant "can police impound my vehicle . . . " If you are stopped in your vehicle and on a public road or location and not your property, the police can impound your vehicle as part of their caretaking function to prevent theft or damage. If it is in a location where...Read more »
The defendant was told he was not being arrested or detained that the officer just wanted to speak to him. The officer asked for the knife on his belt and the defendant said he'd like to keep it since he was not being arrested or detained and was not on probation and had no wants or warrants.... Read more »
He was jumped by a group of guys who were trying to rob him because they knew he had just got all of his unemployment back pay in one lump sum. When the cops, fire department and emts arrived they found him unconscious on the ground with a syringe laying next to him. He didn't have any drugs... Read more »
In Indiana, possession can be either actual (on the person) or constructive. To be constructive possession the state will need to prove that it was within his dominion and control. Obviously, if it was found by him it is within his dominion, however, they also must prove he knew of its existence....Read more »
My sisters ex came onto our property causing problems, him and his dad tried to jump my dad so I pushed the 20 year old away and he hit me so I defended myself. Will I be having any trouble and will he? The cops were called and it was sent into the prosecution office
Our daughter was dating a guy who started dealing drugs after they started living together. He got caught, charged and sentenced. Almost 2yrs. later and after our daughter got herself into trouble (misdemeanor and probation) the only thing on her record. The county police show up saying they were... Read more »
Yes, Marshall County can charge your daughter with a crime that someone else pled guilty if the allegations are she is a co-defendant in the commission of the crime. If they are charging her with murder or another homicide charge, the $25K bond is normal. She should hire an attorney who can...Read more »
Both states would have jurisdiction over the auto theft and it would have been a continuing crime while going from one state to the next. Both could prosecute for the violations of law in each state, however, the prosecuting attorney in one may elect to not pursue the charges based on charges in...Read more »
Our daughter was dating a guy who acquired a case and has been convicted and sentenced. Over one year later Elkhart Police show up with a sealed warrant for our daughter. No one ever received notice there was ever a hearing to seal the warrant. Not sure if administrative rule 9 was used. The only... Read more »
A prosecuting attorney when filing charges can request the court seal the warrant until the person has been arrested. It is done so the person does not find out about the charges and flee the jurisdiction. Once the person has been arrested on the warrant and is in the county where the warrant was...Read more »
If someone has a felony for marijuana possession from 2014, and now has a felony 6 for meth possession in 2021, what length sentence are they facing? Online states the sentence for a first felony as 6 months to 2 and a half years, but not a sentence for a 2nd felony. This happened in Indiana.
A level 6 felony has a penalty range of 6 months to 2 1/2 years with an advisory sentence of one year, even for a second offense and also any subsequent offense. However, with prior convictions the sentence can be aggravated from the advisory to the max sentence. If the second offense has an...Read more »
Which was 2 900 day consecutive sentences I competed one and PTR in 2020 also getting a level 5 felony when I got arrested. Then I did 210 days in jail and they only gave me 76 days credit shouldn't it have been I got a day for every day I did in jail? Two for one?
My boyfriend got arrested in dubois county on 2/4/2021 to them find out he had a writ body attachment on him dated 2/6/2020 from crawford county for failure to appear but he was incarcerated in pike County jail the day he is being charged? Is this really legal? Now dubois county is holding him till... Read more »
Yes, it is a common occurrence and the Crawford Co. court put the detainer on him to make sure he appears in court. DuBois County must honor the warrant until Crawford Co. jail can arrange transport. The Crawford Co. court will want to know why when he was released in Pike Co. did he not contact...Read more »
The way to find the best attorney for you, one that you can feel comfortable with and can afford is to call several, most have free consultations, to discuss your matter with them. Additionally, most attorneys have payment arrangements to make monthly payments. You can use the Find a Lawyer...Read more »
You should contact an attorney who is familiar with the county where your case is pending. Jail is always a possibility, however, an attorney can protect your rights and interests, as well as possibly negotiate a resolution to the case where you would not have to come back to IN to conclude the...Read more »
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.
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.