Indiana Criminal Law Questions & Answers
Q: I slept with My supervisor and found out a week later I had herpes. I’m almost sure it came from him and he knew it.
1 Answer
| Asked
in
Criminal Law, Employment Law, Personal Injury and Sexual Harassment
for
Indiana
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Peter Munsing's answer
Contact a member of the Indiana Assn for Justice in your area who handles employment issues; they represent workers and give free consults.
Contact a member of the Indiana Assn for Justice in your area who handles employment issues; they represent workers and give free consults.
Q: suspended license and a recent new case due to the suspended being pulled over while driving, looking for help
1 Answer
| Asked
in
Traffic Tickets, Criminal Law and Car Accidents
for
Indiana
on
Answered on Jan 8, 2019
Answered on Jan 8, 2019
Ary Avnet's answer
I'd be glad to advise him but i'd recommend you hire an attorney from your county or immediate surrounding county. You did not state in which county this occurred.
I'd be glad to advise him but i'd recommend you hire an attorney from your county or immediate surrounding county. You did not state in which county this occurred.
Q: Being charged with lvl 6 habitual traffic violator. The only evidence is I told the officer. I drove.
Andrew L. Bennett's answer
You need to hire an experience traffic attorney or request a public defender ASAP and not make any more comments to anyone until you do.
You need to hire an experience traffic attorney or request a public defender ASAP and not make any more comments to anyone until you do.
Q: My friend is being charged with f5 intimidation, is it likely she'll have to serve time
Paul Stanko's answer
The range of penalties for a Level 5 felony is 1-6 years in prison. If convicted, she is facing significant jail time.
The range of penalties for a Level 5 felony is 1-6 years in prison. If convicted, she is facing significant jail time.
Q: what will happen for possession of marijuana and paraphernalia
1 Answer
| Asked
in
Criminal Law, Traffic Tickets, Civil Litigation and Civil Rights
for
Indiana
on
Answered on Dec 30, 2018
Answered on Dec 30, 2018
Paul Stanko's answer
The marijuana charge is a misdemeanor. You can't just pay the ticket. Get a lawyer--you may be eligible for a diversion.
The marijuana charge is a misdemeanor. You can't just pay the ticket. Get a lawyer--you may be eligible for a diversion.
Q: What happens when you get violated on probation while currently incarcerated?
Paul Stanko's answer
The judge can impose a number of sanctions on a PTR, including imposing the entire suspended sentence. That is up to the court.
The judge can impose a number of sanctions on a PTR, including imposing the entire suspended sentence. That is up to the court.
Q: Can I violated probation that doesn't start for a year while doing ankle monitor for another case out of the same county
Bernard Crane's answer
Are you saying the PROBATION terms are consecutive? Usually,the SENTENCES which are suspended may be consecutive, but in most jurisdictions, most smart judges rule that the probation terms are concurrent. The reason for this is, if you have two one year probation terms and you violate in the 6th month, which case can you be violated on? You would not have violated the later probation, and couldn't get revoked on it for that violation.
Are you saying the PROBATION terms are consecutive? Usually,the SENTENCES which are suspended may be consecutive, but in most jurisdictions, most smart judges rule that the probation terms are concurrent. The reason for this is, if you have two one year probation terms and you violate in the 6th month, which case can you be violated on? You would not have violated the later probation, and couldn't get revoked on it for that violation.
Q: When Indiana issues a arrest warrant how long do they have to arrest you on it or even look for you on it? Same address
Andrew L. Bennett's answer
An original arrest warrant is good for six (6) months, however, if the prosecutor chooses to reissue the warrant after being notified it has expired, then the new warrant is valid until it is served or recalled, no matter how many years have elapsed.
An original arrest warrant is good for six (6) months, however, if the prosecutor chooses to reissue the warrant after being notified it has expired, then the new warrant is valid until it is served or recalled, no matter how many years have elapsed.
Q: A gal accuses u takin 15000 calls u thief liar 2 evry1 & texts it to many ppl presses charges found not guilty
Andrew L. Bennett's answer
It sounds like someone needs to talk to an attorney about defamation lawsuit. No guarantee it will be successful, but the person won't know until they talk to someone who is familiar with that area of law.
It sounds like someone needs to talk to an attorney about defamation lawsuit. No guarantee it will be successful, but the person won't know until they talk to someone who is familiar with that area of law.
Q: My son is 10 years old we live in indiana he took a picket knife to school... he is being charged with intimidation with
Andrew L. Bennett's answer
Your son absolutely can be detained either as a danger to himself of a danger to the community. You should have an attorney to help protect your son's interests. In Indiana he can request a public defender in juvenile court regardless of your income and in most cases in juvenile court the PD will get as good of a resolution as a paid attorney.
Your son absolutely can be detained either as a danger to himself of a danger to the community. You should have an attorney to help protect your son's interests. In Indiana he can request a public defender in juvenile court regardless of your income and in most cases in juvenile court the PD will get as good of a resolution as a paid attorney.
Q: Can a prosecutor stop a defendant from reviewing his discovery without violating due process?
Paul Stanko's answer
Probably not. It is possible for the prosecutor to redact the discovery to exclude information that would endanger witnesses, such as addresses and phone numbers. Any evidence the prosecutor intends to rely upon at trial should be disclosed, as well as any exculpatory evidence that could be of use to you.
Probably not. It is possible for the prosecutor to redact the discovery to exclude information that would endanger witnesses, such as addresses and phone numbers. Any evidence the prosecutor intends to rely upon at trial should be disclosed, as well as any exculpatory evidence that could be of use to you.
Q: Can a no contact order be dropped on a domestic battery charge if the state picked it up?
Andrew L. Bennett's answer
You need to contact a good criminal defense attorney and hire him/her ASAP. If you cannot afford an attorney then you need to request a public defender. Your first hearing is your Initial Hearing where you will be told of the charges and penalties. The judge will also ask how you plead. DO NOT plead guilty, ask for an attorney (PD) or time to hire an attorney.
You need to contact a good criminal defense attorney and hire him/her ASAP. If you cannot afford an attorney then you need to request a public defender. Your first hearing is your Initial Hearing where you will be told of the charges and penalties. The judge will also ask how you plead. DO NOT plead guilty, ask for an attorney (PD) or time to hire an attorney.
Q: Is it illegal for a 24 year old to date a 16 year old in Indiana
Paul Stanko's answer
16 is the age of consent, so "dating" is not illegal per se. Contributing to deliquency is an entirely different matter. That, of course, would be illegal.
16 is the age of consent, so "dating" is not illegal per se. Contributing to deliquency is an entirely different matter. That, of course, would be illegal.
Q: If your case gets postponed 3 times for conflict of interest should it be thrown out
Andrew L. Bennett's answer
Because the case has been postponed 3 times generally is not a reason for the case the be thrown out. However, if there is a violation of Criminal Rule 4c then it is possible to have the case dismissed.
Because the case has been postponed 3 times generally is not a reason for the case the be thrown out. However, if there is a violation of Criminal Rule 4c then it is possible to have the case dismissed.
Q: If a police officer lied on the probable cause and it is proven is the rest of the probable cause credible?
Paul Stanko's answer
Credibility is a judgement call, but proving that an affiant lied under oath (committed perjury) should certainly cause skepticism with that person's other statements.
Credibility is a judgement call, but proving that an affiant lied under oath (committed perjury) should certainly cause skepticism with that person's other statements.
Q: If someone issued threats via text or messenger, and then invited you to meet them for mutual combat, and you went
Paul Stanko's answer
Entrapment is an affirmative defense against state actors (like police). It doesn't apply to private individuals.
Entrapment is an affirmative defense against state actors (like police). It doesn't apply to private individuals.
Q: If a person that is visiting my home has a warrant, do the police have the legal right to stand by my windows
Andrew L. Bennett's answer
If the person is visiting and has no possessory interest in the home and the warrant lists another address then the police cannot force their way in unless they get a new search warrant that lists your address.
If the person is visiting and has no possessory interest in the home and the warrant lists another address then the police cannot force their way in unless they get a new search warrant that lists your address.
Q: After an arrest in Muncie, Indiana and subsequent bail out, how long before charges are brought?
Andrew L. Bennett's answer
Charges are generally filed within a few days to a few weeks after a person bonds out. However, the State has up to 2 years to file charges on misdemeanors and most felonies up to 5 years to file charges.
Charges are generally filed within a few days to a few weeks after a person bonds out. However, the State has up to 2 years to file charges on misdemeanors and most felonies up to 5 years to file charges.
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