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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: I have an ex who I have crossed passed with over the past few years. He has taken my pictures of me on 2 occasions.

He has also pulled up next to me in a parking lot only to stare at me for a few minutes and then pull off. Just recently he was staring at me in intimidation when we happened to be at the same restaurant. His wife has confronted me (verbally), sent me a threatening text and has been staring me down... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 3, 2019

You can document best you can each time a situation happens and you can file for a protective order through your local court. The Clerks Office has the forms for you to fill out.

1 Answer | Asked in Criminal Law for Indiana on
Q: To be charged with this crime do you have to prove without doubt that the person knew the funds were fraudulent?
Andrew L. Bennett
Andrew L. Bennett answered on Nov 25, 2019

You will need to provide more details "this crime" does not give enough to base an answer.

1 Answer | Asked in Criminal Law for Indiana on
Q: My 13 yr old daughter was pinned by a 14 yr old boy at school and he stuck his hands down her pants and she said stop

Several times and he grabbed her hand and put it down his pants what trouble can this boy get into and what as parents can we do she said no several times

Andrew L. Bennett
Andrew L. Bennett answered on Nov 21, 2019

It should have been reported to the school and to law enforcement; if it wasn't do it soon. He could be charged with sexual battery or more and confinement. Were there any witnesses, if so, statements need to be taken from them as well.

1 Answer | Asked in Criminal Law for Indiana on
Q: I need a lawyer to file a motion to quash warrant on my behalf.

I just found out about this case 2 months ago and it has been more than 10 years since this happened.

Andrew L. Bennett
Andrew L. Bennett answered on Nov 20, 2019

That is not likely to happen as arrest warrants expire after 6 months but if reissued do not expire; as well as bench warrants do not expire. However, depending on the charges an attorney may be able to assist you in surrendering to the court.

1 Answer | Asked in Criminal Law for Indiana on
Q: I need to know how to get an expungement or seal my records in indiana
Andrew L. Bennett
Andrew L. Bennett answered on Nov 20, 2019

You can contact an attorney in or near the county where the cases are filed that you want expunged or you can file a petition on your own. Keep in mind expungements are very technical and if not filed properly you could be precluded from ever expunging the convictions from your record. You can... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: What's it mean when warrent been issued in error
Andrew L. Bennett
Andrew L. Bennett answered on Nov 20, 2019

You would need to provide more details to adequately answer the question.

1 Answer | Asked in Criminal Law for Indiana on
Q: Should all charges filed against me be shown in the police report?

I’m a 22 year old first offender. When looking at my case through the states website, I have 2 misdemeanor charges pending. However, in the police report there is only one charge mentioned - Public Intoxication.

Andrew L. Bennett
Andrew L. Bennett answered on Nov 20, 2019

Not necessarily. If the details listed in the police report support additional charges, but the police did not list those charges there is not issue because the prosecutor determines what charges get filed and not the police.

1 Answer | Asked in Criminal Law for Indiana on
Q: Probation violation

For non support just got on my feet and don't want jail

Andrew L. Bennett
Andrew L. Bennett answered on Nov 15, 2019

You should consult with an attorney to see what options you have in the particular court where your case is pending.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a felon with a level 6 possession hunt with a rifle
Andrew L. Bennett
Andrew L. Bennett answered on Nov 15, 2019

NO, a felon is prohibited from possessing a firearm, unless he/she would be eligible for an expungement that would restore the person's rights.

1 Answer | Asked in Criminal Law for Indiana on
Q: Will Alabama extradite back to Indiana for felony charges?

My boyfriend has a probation warrant for felony intimidation on an officer when he left court ordered drug treatment. Will entry into another facility possibly keep him out of jail and if he was almost complete when he left treatment on a 4 month sentence modified for release to rehab, how much... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 11, 2019

There is not enough information to accurately answer your question. It will depend on the original sentence and any modifications to determine the amount of time he may serve in jail/DOC. Also it will be up to the prosecutor to determine if they want to go through the extradition process from... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: What does this mean Once a bond has been posted, if it is a cash bond, the money becomes the property of the defendant

Once a bond has been posted, if it is a cash bond, the money becomes the property of the defendant being held in trust

Paul Stanko
Paul Stanko answered on Nov 10, 2019

Courts don't get involved in disputes between persons posting cash bonds and the defendants for whom the bonds are posted. Anyone posting a cash bond on behalf of a defendant must understand that the court will consider that cash an asset of the defendant that can be used to pay fines, court... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: My plea was in writing AND i have it on tape!
Gary Kollin
Gary Kollin answered on Nov 6, 2019

Thank you for sharing.

No question asked

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: The fayette county prosecutor isnt doing what she said&now refuses the plea deal that SHE made. I have PROOF in a record

Ing my husband made,thank God! What should i do? PLEASE HELP ME

Andrew L. Bennett
Andrew L. Bennett answered on Nov 5, 2019

Have you spoken with a local attorney to represent you? You may want to bring it up to the judge, but the prosecutor can withdraw a plea offer.

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2 Answers | Asked in Criminal Law for Indiana on
Q: Can I have a bond revoked just because I don't want my name on there anymore

I just don't want my name on there bond anymore

Andrew L. Bennett
Andrew L. Bennett answered on Nov 4, 2019

Once a bond has been posted, if it is a cash bond, the money becomes the property of the defendant being held in trust.

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2 Answers | Asked in Criminal Law for Indiana on
Q: My case was dismissed under I.C. 35-33-7-1. 35 days later I have a warrant.
Paul Stanko
Paul Stanko answered on Nov 4, 2019

I would need more information to assist you. If you can provide a cause number or your name and date of birth (privately), I can look up your case. Do not post private information on the site.

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1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: How likely am I to get a restraining order dropped without a lawyer?

My brother had his children on his weekend for visitation. The mother wanted them to go home and he told her no as it was his weekend per court orders. She said she was going to come to my house and get them. He had told her not to come. We knew she was coming and had been drinking so we called the... Read more »

Gary Kollin
Gary Kollin answered on Oct 26, 2019

A detailed explanation of court procedure of this nature is beyond the scope of this column.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a confidential informant in the state of indiana do drugs
Paul Stanko
Paul Stanko answered on Oct 20, 2019

I would speculate that nearly all confidential informants are drug users. Otherwise, they would not be involved in the business of setting up supposed dealers.

There is no code of ethics or behavior for snitches.

1 Answer | Asked in Criminal Law for Indiana on
Q: Who do I report for criminal mischief and theft on property we rent?

Do I report it to home owner or police? I know who broke window,& stole our ramps. Do I tell home owner or police?

Andrew L. Bennett
Andrew L. Bennett answered on Oct 17, 2019

The wise decision would be to call the police to report the crime so they may investigate and also call the home owner so they can address the damage and repairs.

2 Answers | Asked in Criminal Law and Federal Crimes for Indiana on
Q: I would like to know if I have a case on my hands. I was arrested for Auto Theft in Sep. 17, 2019 between 5-6pm.

I was told I was in video with my boyfriend and another male commuting this crime. The detective who file for the warrant came to my house previously and I told him I did not do this crime and I was willing to give any evidence to prove this to be true I had an alibi. The detective accused me of... Read more »

Gary Kollin
Gary Kollin answered on Oct 13, 2019

If you are convicted by plea or trial you have no case.

I think you should concentrate on your case before you consider a civil suit

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1 Answer | Asked in Criminal Law for Indiana on
Q: What is a typical punishment for a first time offender pleading guilty to 35-43-4-2(a)/MA: Theft
Andrew L. Bennett
Andrew L. Bennett answered on Oct 11, 2019

It is difficult to answer that without more information. It will depend on the local practices of the prosecutors office and the particular court. However, if the person has no criminal history it is not likely they would go jail. Additionally, if this is their first offense they should consider... Read more »

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