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Indiana Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Indiana on

Q: What case log can a inmate use to get a sentence modification if a judge said a different sentence from his release dat

The judge sentenced my boyfriend to 3 years do 18 months if he doesn't get into the drug program, which he didn't. But his release date has the full 3 years and the court told him he needs to file a modification. He needs to know what proper case logs he could use to put in his modification.

Gary Kollin answered on Aug 23, 2019

case log or case law?

Without knowing the facts and circumstances, there are hundreds of books of case law and it is impossible to identify any in particular

1 Answer | Asked in Criminal Law for Indiana on

Q: What is the most current Indiana failure to appear in court criminal code?

My son never received the notification to appear in court.

The prosecutor dropped the charge yesterday of my son injuring an officer because the officer admitted in a separate court case concerning my son's children he fell on the ice and no one was near him some months back, they will... Read more »

Andrew L. Bennett answered on Aug 22, 2019

35-44.1-2-9. Failure to appear.

(a) A person who, having been released from lawful detention on condition that the person appear at a specified time and place in connection with a charge of a crime, intentionally fails to appear at that time and place commits failure to appear, a Class A...
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1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: could I be charged with domestic battery?

My boyfriend and I got in an argument. He kept calling me a xxx so I threw water on him and pushed him. He pushed me back so I punched him and he ended up choking, dragging, and kicking me across my apartment. My parents want me to press charges but could I also be charged with domestic battery?

William Jaksa answered on Aug 21, 2019

Yes. The police may choose to charge you, him or both based on the fact pattern you have provided. The police will need to determine if throwing the water and pushing was defensive or provocation.

1 Answer | Asked in Criminal Law for Indiana on

Q: Can I own a gun in the state of Indiana whole being a felon

Andrew L. Bennett answered on Aug 19, 2019

Felons are prohibited from owing firearms both on the state and federal level. However, if you are eligible for an expungement then it is possible to have your gun rights restored.

1 Answer | Asked in Criminal Law for Indiana on

Q: I have a drug charge and they didn't give any paperwork and issued a warrant in wabash county is that ok for them to do.

It is possession of paraphernalia

Gary Kollin answered on Aug 18, 2019

Yes

1 Answer | Asked in Criminal Law for Indiana on

Q: If I have 3 years in actual days in comunity corrections and have a 6 year sentence do I get credit time for towards it

Andrew L. Bennett answered on Aug 16, 2019

Depending on the program and the sentencing order, there should be some credit applied, however, not to the same amount if you were in custody.

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on

Q: How can they charge you with possession of a handgun if you didn't have one when you were arrested

William Jaksa answered on Aug 15, 2019

Possession of a firearm, or any item, does not depend on police finding on you at the time of your arrest. The prosecutor will need to prove one of the following, beyond a reasonable doubt, to secure a conviction:

1. That you had physical possession of the firearm at some point and time;...
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2 Answers | Asked in Criminal Law for Indiana on

Q: I was charged with something that wasn’t mine

If the Sheriffs find drugs on the ground by your car he then proceeds to say it was my lock me up and then put on the report he saw me throw it on the ground and charged me with a level 2 felony dealing in cocaine and charge me with possession of cocaine a level 4 felony

Andrew L. Bennett answered on Aug 14, 2019

You should seriously consider speaking with an experienced criminal defense attorney as the level of offenses carry significant amount of jail/DOC time.

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1 Answer | Asked in Criminal Law for Indiana on

Q: I have a theft class A misdemeanor and a driving while suspended (prior) class A misdemeanor pending.

Andrew L. Bennett answered on Aug 14, 2019

What is your specific question?

1 Answer | Asked in Criminal Law for Indiana on

Q: After my parents deaths my brother removed from our childhood home an antique mirror that belonged to me. I was able to

get him to return it, but he “forgot” to leave the hardware. He said he would mail them. It’s been months he will not respond to me and hasn’t mailed them. What recourse do I have. My parents home is in Indiana. My brother also lives in Indiana (different county.). I live in Texas.

Gary Kollin answered on Aug 8, 2019

You csn take him to small claims court

1 Answer | Asked in Criminal Law for Indiana on

Q: Is the human body considered a deadly weapon in indiana

Andrew L. Bennett answered on Aug 5, 2019

35-31.5-2-86. Deadly weapon.

(a) Except as provided in subsection (b), “deadly weapon” means the following:

(1) A loaded or unloaded firearm.

(2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC...
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1 Answer | Asked in Criminal Law for Indiana on

Q: wife was arrested on F3 drug charge. She hasnt had proper medical attention n other injustices. can i sue county?

my wife was served arrest warrant and booked under wrong Identity (name, DOB, address, and all) They then changed the info four more times , each time being incorrect. I was attempting to put money on her books and while i put it on the name they booked her by, directly after my deposit her info... Read more »

Andrew L. Bennett answered on Aug 4, 2019

You should consult with a local attorney who is familiar with criminal law and civil suits against governmental entities. Use the find a lawyer feature.

1 Answer | Asked in Criminal Law for Indiana on

Q: What rights does a defendant have when there is a hung jury for a murder trial.

Andrew L. Bennett answered on Aug 4, 2019

After a hung jury, the prosecutor must decide if they are going to move forward with the case to another trial. It is as if the first trial did not take place and the defendant is in the same position as before the trial.

1 Answer | Asked in Criminal Law for Indiana on

Q: I live in NC and got an underage alcohol ticket at the 500. How do I avoid my court appearance and clear my record?

I am 20 years old with a clean record and don't want to drive from NC to Indiana to go to court.

Andrew L. Bennett answered on Aug 1, 2019

You will be ordered to appear in court and must appear for your Initial Hearing or a warrant for your arrest will be issued. However, because this case is a misdemeanor, if you hire a local attorney, he/she should enter on your behalf and waive the initial hearing so you would not have to be... Read more »

1 Answer | Asked in Criminal Law and Military Law for Indiana on

Q: Been wanting to join the army but i have a level 6 felony the lowest of felonies that i pleaded to a lesser charge

How can i get a waiver to enlist

John Mario Acosta Jr. answered on Jul 30, 2019

Based on the information contained in your question it would be up to a recruiter to apply for the waiver to enlist, nothing really an attorney can do for you.

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

Q: do the police have a right to tell me and everyone else to get out of our room during a pop up inspection?

If someone in my home is on house arrest do the police have a right to tell everyone to go to the living room while they search my WHOLE house during a pop up inspection? This person has their own room .

William Jaksa answered on Jul 29, 2019

In many jurisdictions, this type of behaviour by police to not permitted. Check the terms of the house arrest of your housemate. Are there terms that they agreed to that allow police to search the house? Usually, with a few limited exceptions, police only have authority to enter and search with a... Read more »

3 Answers | Asked in Criminal Law for Indiana on

Q: The police want to question my son in connect with a shooting that happens in Gary,IN

People are telling the police he did it or know who did. But my son says he wasn’t there when it happened

Gary Kollin answered on Jul 24, 2019

Retain an attorney first!

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1 Answer | Asked in Criminal Law for Indiana on

Q: Can my sister counter-sue her ex-boyfriends girlfriend.

So on 7/19/18 my sister had told her ex boyfriend that she was coming over to his and his girlfriends house. She got to the house knocked a few times and left. Went around the block and noticed he was in the yard. She pulled up and his current girlfriend came out accusing her of trying to break... Read more »

Andrew L. Bennett answered on Jul 23, 2019

Rather than worrying about counter suing at this point, it sounds like she needs to consult with an attorney regarding her own arrest. If it is shown through her case there was false allegations, then she may have a case for malicious prosecution.

1 Answer | Asked in Criminal Law for Indiana on

Q: What is the statue of limitations for filing a domestic battery charge against an individual who spit in your face

Andrew L. Bennett answered on Jul 22, 2019

In Indiana the Statute of Limitations to file a misdemeanor is two years, however the filing of charges is completely the prosecutors decision after reviewing a police report and evaluating the evidence. If you have not made a police report you should do so.

1 Answer | Asked in Criminal Law for Indiana on

Q: If someone in your home is on house arrest how much of your home can be searched? Who must I allow into my home?

Do i only have to allow the probation officer? This person has their own room do i have to let the police search my whole house?

Andrew L. Bennett answered on Jul 22, 2019

Probation would have the ability to search all the common areas where the person on house arrest may go. Any private areas of the home where the person is not allowed to go to, probation should not be entering.

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