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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: Ik someone with a mis Warrant? How long will the sheriff wait to serve the warrant they live in Hendricks County Indiana

I have a friend who was just made aware they have a misdemeanor arrest warrant in Hendricks County Indiana I'm trying to find out how long the sheriff waits to serve the warrant

Greg Spencer
PREMIUM
Greg Spencer
answered on Jun 23, 2022

A warrant can be served any time, depending on the seriousness of the offense and if the defendant is considered dangerous or not. If it is just a misdemeanor check mycase.in.gov to see if bond can be posted. Generally the sooner a defendant gets out of the warrant status the better. It is better... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: officer question me about a house that had been broken into and some spoons someone said I sold them I did not.

I never sold any spoon and I told him I did not break in the house. all he has is someone saying I sold them spoon. Can he arrest me

Greg Spencer
PREMIUM
Greg Spencer
answered on Jun 23, 2022

Please keep in mind that an arrest is not a conviction. Sometimes innocent people get arrested. If you are proven innocent the charges will then be dismissed. Another important issue to keep in mind that you have the right to have an attorney present any time you are questioned by police. If you... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: What form do you file when judge takes away surved time and awarded time for programs surved days after sentencing

No sentence modification was filed for defendant or by state, 118 actual surved day and 180 awarded for rehabilitation programs in jail completed how do we get it back or reverse the modification after sentencing. The judge originally gave correct actually days in sentencing but 5 days later... Read more »

James A Hanson
James A Hanson
answered on Jun 21, 2022

It is not clear what you are asking from the question above.

I have yet to find a judge unwilling to give credit for actual time served in the jail. I would recommend you speak with an attorney directly about the calculation of the served time, the good time credit days for this offense,...
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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: My boyfriend is currently facing charges in Indiana but a federal indictment out of Kansas. What happens from here.

The Indiana judge said for him to be released Friday but he didn’t get out. Will the feds come get him or will they wait for the case here to be resolved?

James A Hanson
James A Hanson
answered on Jun 13, 2022

The US Marshall's Office has likely put a detainer on him to keep him from being released. They will come get him from his current location when they get around to it. They may wait until the current state case is resolved. They may not. The detainer will prevent him from bonding out in the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If you get a successful completion of work release can they file a warrant for a violation a month after your release

My husband was released a month ago from work release. He was given a successful release completion signed the paperwork and was released on good terms no trouble while he was in there and now they have filed a warrant for a violation.. If there were any violations shouldnt they have dealt with it... Read more »

James A Hanson
James A Hanson
answered on Jun 10, 2022

In Indiana, the state has up to one year to file violations as long as the violation occurred during the term of confinement or probation. You need to carefully read the violation petition to see what it is they are claiming he did to violate his work release conditions.

I would recommend...
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2 Answers | Asked in Criminal Law for Indiana on
Q: I purchased a handgun from a coworker. No papers just gave money and took it. Well I sold it. Somehow it’s been sold

Again. Now whoever sold the gun to the next guy he got caught with it and he’s a felon. Cops called original owner. He said he sold it to me. Now they want to talk to me but I don’t remember who I sold it to. Am I in trouble? I know it wasn’t the felon I researched his picture.

James A Hanson
James A Hanson
answered on Jun 6, 2022

If you didn't sell it to the felon, you should be OK.

You need to gather up any documentation or other information you have about the purchase and sale to support your position with law enforcement.

Ideally, it would help if you could remember who you actually sold the firearm to.

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1 Answer | Asked in Criminal Law for Indiana on
Q: I was just arrested for operating a motor vehicle with lifetime forfeiture with priors, resisting law X 2

And last charge is operating with bal of .15. also now ptr filed... All original charges were enhanced to habitual charges. Got 8 years last time... What am I looking at this time. Just a guess please

Greg Spencer
PREMIUM
Greg Spencer
answered on Jun 3, 2022

It depends on the county, the prosecutor and the attorney, as well as circumstances of the case.

1 Answer | Asked in Criminal Law for Indiana on
Q: Doesn't the search warrant require a notory to sign the warrant too and date it

This is for Indiana. I know that a bench warrant is issued there they must have a notorized warrant and wondering if same goes for search warrants to be valid

Brent T. Geers
Brent T. Geers
answered on Jun 2, 2022

You'd need to ask an Indiana attorney. But generally, search warrants are not notarized. Reason being is that they are often issued at odd hours of the night or weekends, and often when time is of the essence.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can my parole extend past my max out date
James A Hanson
James A Hanson
answered on Jun 2, 2022

It is possible for parole to extend beyond the maximum sentence date. Some offenses come with lifetime parole. The answer in your case will be dependent on the offense of conviction in your case and possibly specific facts associated with your performance while on parole.

You can ask you PO...
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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Is it possible for a recording to be suppressed from evidence it has been edited by law-enforcement?

If an expert would verify that a criminal investigation recording has been edited by law-enforcement can it be suppressed or is that an issue that has to wait to go to trial? Thank you for your time.

James A Hanson
James A Hanson
answered on May 31, 2022

Great question.

If there is credible evidence that the recording has been manipulated, your attorney should file both a motion to suppress and a motion in limine.

The motion to suppress would argue that the evidence is inadmissible on several different grounds including fraud upon...
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1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: If I tell an officer he can't come in and search for someone without a warrant and he tries to get in my house anyway

Is that a crime

James A Hanson
James A Hanson
answered on May 31, 2022

Short answer: No.

The 4th Amendment protects you from unwarranted searches and seizures (subject to a truckload of exceptions that make it more holes than wall).

The remedy for a violation of the 4th Amendment is the exclusion of any evidence found or seized.

However, if you...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Didn't appear in court .arrested twice for less then a gram of meth what is the sentence for that .
James A Hanson
James A Hanson
answered on May 31, 2022

You wisely didn't provide a lot of detail. This is a conversation you should be having with your attorney.

Possession of small amounts of methamphetamine in Indiana is a Level 6 felony with an advisory sentence of 1 year, a minimum sentence of 6 months and a maximum sentence of 2 1/2...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Is it illegal to not report and leave the scene o f an accidental overdose resulting in death?

The victim had consumed their own drugs. Persons in question gave the victim no drugs.

James A Hanson
James A Hanson
answered on May 31, 2022

The traffic code has a requirement to report accidents that occur, but that is for those involved in the accident. A hit-and-skip only applies to the person causing the collision.

In Indiana, there is a general requirement to report child abuse or neglect.

Otherwise, Indiana follows...
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2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Indiana on
Q: What can I do if my public defender is not doing her job? Also to make things WORSE she is lying and damaging my case.

She lied to the judge and told him that I wasn't coming to appointments.Which is a lie. I have video to prove it. The judge then told me what a good attorney she was i

her skills were so great so when I went to say something he shut me down and told me that I need to make myself... Read more »

James A Hanson
James A Hanson
answered on May 31, 2022

You have to remember that this is a Public Defender. You are entitled to court-appointed counsel if you qualify, but you are not entitled to pick the attorney who gets appointed. As long as the appointed attorney provides "effective assistance" as that term is defined by the Supreme Court... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: If they didn't catch me in the car how can they charge me with auto theft

They are going off what some body said but I never was in the vehicle

James A Hanson
James A Hanson
answered on May 25, 2022

Like many questions posted in this and other web forums, this question is one best discussed privately with an attorney where the conversation is privileged.

With that said, all the government is required to do is present sufficient evidence to firmly convince the jury of all the elements...
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1 Answer | Asked in Traffic Tickets and Criminal Law for Indiana on
Q: What if any reason would a person keep getting tickets instead of going to jail if they were driving while suspended ?

In Indiana

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on May 24, 2022

It depends on the person's status with the BMV. IF they are suspended-infraction, then they will continue to get tickets and not criminally charged. Though, if they plead to one of the DWS tickets, the status will change to DWS-prior and the person could be arrested and criminally charged.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can a probation officer use an illegal search and Seizure Report in a psi and you be sentenced on it?

Ok let me add to this then so I can get a little more clarification. An illegal search and Seizure being detailed into a psi is not a violation of my 4th amendment right? Also bc I had marijuana on me in CA and it's legal and being in Indiana it is illegal this evidence enhanced my sentencing... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

During the sentencing phase of a case, the legal standard for the admission of evidence no longer follows the Rules of Evidence. Rather, the evidence only needs to have "sufficient indicia of reliability" which is a pretty low bar.

Hearsay, and even double-hearsay, is allowed....
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1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: How can someone be arrested for possession of narcotic and possession of meth f6 off one bag?

Bag was under 1g of powder and field test lightly as cocaine according to cops found in my mother's jeep after it was stolen and recovered but nothing ever searched in it so I drove it cause she let me and then cops find drugs in it. 2 f6 charges pending now

James A Hanson
James A Hanson
answered on May 22, 2022

You need to stay off of these websites and speak only with your attorney about these charges. From what you posted, there may be a defense in your case, but you could ruin your entire case by sharing details of your case publicly.

Talk with your attorney about the charges privately and work...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Indiana on
Q: I got a ticket for fictitious tags but the ticket states its a civil complaint&summons does that mean i have misdemeanor
James A Hanson
James A Hanson
answered on May 22, 2022

It sounds like you were cited with an Infraction.

Infractions (e.g. speeding tickets, parking tickets, etc.) are civil court matters involving the violation of a statutory rule or local ordinance. Infractions do not result in a criminal record.

If you had been charged with a...
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1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Can a probation officer release you early from probation, if you all your Fines and everything is completed?

Community service, fines, classes all finished. Low ranking to reoffend

James A Hanson
James A Hanson
answered on May 22, 2022

Technically, no.

Your probation officer is simply supervising your probation. The only entity that can release you from probation early is the Court that sentenced you.

You can discuss an early release with your probation officer. If your probation officer recommends early release...
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