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Indiana Criminal Law Questions & Answers
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 »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on
Q: If a law officer runs your plates and the registration comes back correct but the paint color is different

Is this grounds to pull you over

Paul Stanko
Paul Stanko answered on Oct 8, 2019

Yes. I had this exact issue arise in an Elkhart County drug case.

1 Answer | Asked in Criminal Law for Indiana on
Q: What can I do about neighbors leaving trash in my front yard?

They sit outside all night revving their engines on cars that soumd like theyre missing a muffler, then when they leave they leave all their trash in the street and in my yard.

Gary Kollin
Gary Kollin answered on Oct 7, 2019

Video record and then call the police

1 Answer | Asked in Criminal Law for Indiana on
Q: Level 6 and 5. Misdemeanor b same case no. Looking for 1 to 1 1/2 years mcc home detention and some probation. Possible?
Andrew L. Bennett
Andrew L. Bennett answered on Oct 6, 2019

Would need much more information than what you have provided to even attempt an answer. It will depend on the specifics of the charges, if a victim is involved, criminal history, etc.

2 Answers | Asked in Criminal Law, Immigration Law and Domestic Violence for Indiana on
Q: How can I without getting in trouble help defendant not be found guilty for DV after I reported it.

Bf is charged with level 5 felony Domestic battery against pregnant women. I realize he could be deported and I do not want that. How can I help so that he is found not guilty?

Gary Kollin
Gary Kollin answered on Oct 2, 2019

You appear to be asking us to provide you with some method, perhaps illegal, I, for one, will not be engaged in this.

What? Have to pay a lawyer for the work they do? On a criminal case at that? Say its not so! THAT stated, AVVO is no a dollar store version of lawyering where you get...
Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes, Immigration Law and Domestic Violence for Indiana on
Q: should defendant accept plea deal and accept guilty for DV and Strangulation level 5 felony ?

Defendant is not US citizen and is on Ice Hold. should he take offer and accept counciling, probation , etc instead of jail time or say not guilty and continue trial so that he won’t be deported.

Gary Kollin
Gary Kollin answered on Oct 2, 2019

This is like asking a doctor over the internet should I have my lung removed or take the chance with the chemotherapy.

He has an attorney who he should listen too.

Isn't this your BOYFRIEND who is charged with strangulation of a pregnant woman?

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: My boyfriend is charged with DV and strangulation against pregnant women level 5 felony.

He is not a US citizen. Victim does not want to worsen his case and wants to work relationship .If found not guilty is he still deportable? or if he accepts Plea bargaining will he still be deported?

Andrew L. Bennett
Andrew L. Bennett answered on Oct 2, 2019

If there is a conviction regardless if by plea or by trial, he would be deportable. If the case is dismissed or found not guilty, deportation is very unlikely.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: I filed a report against my boyfriend who is 19 for abuse they charged him with domestic battery against pregnant women.

There is a no contact order issue. He is not a US citizen. I am pregnant and he is the father of the baby. I want his charges to be dismissed.

Andrew L. Bennett
Andrew L. Bennett answered on Oct 1, 2019

The filing of the charges and the continued prosecution of those charges is completely the prosecutors choice. Victims Assistance from the Prosecutors Office should have contact with you where you can advise them of your position, however, it will still be the prosecutors decision to move forward... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: My case been going on since 2014 all they do is continue it. I agreed to do probation but still nothing... what can i do

I moved out of town for work.. After a year I moved back to Indianapolis just to handle the case and be done.. Ive had the same judge he didn't even like my public defender because she never show for court or come at the end.. I go to court every weds just to get continued. I'm tired and want this... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 30, 2019

If your PD is not moving your case, you can either request a new PD or hire your own attorney who should be able to get is done.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Indiana on
Q: Is it required for police to leave a receipt of items removed from a home during a search warrant?

Both occupants were home when warrant was served for specific items to be obtained, but only one of the two received a copy. 11 days have passed and still no knowledge of what was removed from the home, but two specific items missing from home had nothing to do with the investigation. Feels as... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 30, 2019

The Search Warrant should have a case number at the Clerks Office, the police would also file a Return of Search Warrant detailing the items removed. The return is to be filed in the same case as the search warrant

1 Answer | Asked in Criminal Law for Indiana on
Q: Does weekend count on a 15 day hold for probation voilations in Indiana
Andrew L. Bennett
Andrew L. Bennett answered on Sep 24, 2019

It should

1 Answer | Asked in Criminal Law and Animal / Dog Law for Indiana on
Q: Can I shoot someone's dog while it is attacking my dog?
Andrew L. Bennett
Andrew L. Bennett answered on Sep 23, 2019

You do have the right to protect your dog, as long as your dog was not the aggressor.

1 Answer | Asked in Criminal Law for Indiana on
Q: My don't want to press charges they put me on the ankles bracket can I get off the bracket at my deadline motion
Gary Kollin
Gary Kollin answered on Sep 20, 2019

Your question and terminology does not make sense

1 Answer | Asked in Criminal Law for Indiana on
Q: How do I file a petition to expunge my record for multiple dismissed cases in Lake County Indiana?
Andrew L. Bennett
Andrew L. Bennett answered on Sep 19, 2019

You can look on IN.Gov to see if there are forms or you can contact an experienced criminal attorney to file on your behalf. There are stringent time constraints and requirements that must be followed.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a truck have police sirens and loudspeaker that is not the police in the state of Indiana
Andrew L. Bennett
Andrew L. Bennett answered on Sep 16, 2019

Are you asking if a person can equip a personal truck with a police siren and loudspeaker?

There are trucks that are police vehicles.

2 Answers | Asked in Criminal Law for Indiana on
Q: I took a charge for someone pleaed guilty the case is over can I go back and tell them it wasn't me
William Jaksa
William Jaksa answered on Sep 11, 2019

You went to court, told a judge that you committed the crime, you were found guilty and now want to tell them the truth that it wasn't you? You might be able to successfully appeal this, but you would have to show/prove that you did not enter into the plea voluntarily, that you did so under duress... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Indiana on
Q: is an incarcerated person who is in the appellate process entitled to an attorney if he cannot afford one - what form

should he file with the court to ask for representation. Inmate at Pendleton.

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

Yes he is entitled to have appellate public defender and should ask for one ASAP

1 Answer | Asked in Criminal Law for Indiana on
Q: If a person breaks into a house and finds video evidence of a crime that was previously commited can it be use in court

An x girlfriend of my brothers broke into his house while he was in jail and stole and sold his belongings, and while she was committing a B&E she found a memory card that had video evidence of my brother committing a aggregated battery crime, and she then sent the videos out to countless number of... Read more »

Gary Kollin
Gary Kollin answered on Sep 4, 2019

Why not?

It was not a product of police action like an illegal search which could allow it to be suppressed

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