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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Q: i would like to ask the prosecution as to what happened to my POT. Yes is illegal in Indiana, but the deputy sherriff

stated that he would not charge me if he found it in the car. I pilot told him not 2 search my car, stating the last time they illegaly searched they open all the antique 'key chucks' that were sealed never opened. around 30 or so. Anyway They done an enventory search but no pot... View More

James L. Arrasmith
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answered on Oct 15, 2023

If you're seeking information about the whereabouts or handling of evidence, you can file a discovery motion in the court where the case is pending. Discovery motions typically request specific items or information relevant to a case. If the marijuana is not listed in the inventory after a... View More

1 Answer | Asked in Domestic Violence, Libel & Slander and Criminal Law for Indiana on
Q: If you are the defendant in a no contact order can the victim continue to harass you?

I know the defendant can't contact the victim but what happens if the victim keeps sending voice messages and posts lies about you in your Facebook comments?

T. Augustus Claus
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answered on Oct 11, 2023

In Indiana, a no-contact order generally prohibits the named defendant from contacting the protected person. However, the order doesn't automatically work both ways. If the protected person (victim) is harassing the defendant, it could be a separate issue. If you believe you are being harassed... View More

2 Answers | Asked in Business Law, Civil Litigation and Criminal Law for Indiana on
Q: I am undergrad at ivytech. I was curious on if I would be able to get a summer law internship this summer.

I will be transferring next year as a junior. I am currently studying criminal justice and want to go into criminal law. I will be taking a couple classes, but was hoping to possibly get an internship at a firm this next summer. If you guys are looking, I would be very interested at working at your... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

This is a legal question and answer forum and not a job seeking forum. You should reach out directly to the law firm where you are interested in obtaining an internship.

It would help you in your search if you were to put together a resume detailing your undergraduate legal coursework...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Going to court tomorrow to see if judge will hear my cause for missing court a year ago. I am needed at home and work.

I'm wondering the chances of being locked up or if I'll be able to go free and have a later court date set up.

Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 25, 2023

If there is a warrant and you show up at court you will be taken into custody and it will be up to the judge to let you out. Since its been a year since you were in court, it is unlikely you will be released. You should consult with a local criminal defense attorney who may be able to get the... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Had court yesterday was there had to leave before over filed continuance and they put warrant or writ body attmnt

What should I do I have the continuance it's stamped and filed

Joel D. Hand
Joel D. Hand
answered on Sep 20, 2023

It sounds as though you are attempting to represent yourself rather than use an attorney. That is a mistake. Just because you file a request for a continuance does not mean that it will be granted. Local rules sometimes require that a request for continuance be filed days in advance of a... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: How can I be charged with F4 Burglary in a home I never entered that day shared by myself and my ex? Theft and SVF
Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 11, 2023

Based on the information provided to the police and then to the prosecutor determines what charges are filed. This does not mean the State can prove the charges, it will be based on what evidence there is in the case. An F4 carries a penalty range of 2-12 years in the DOC. If you have not... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Can Indiana seize a car that was allegedly used to sell a controlled substance before the person is convicted
T. Augustus Claus
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answered on Aug 31, 2023

In Indiana, it's possible for law enforcement to seize a car that is allegedly used to sell a controlled substance before a person is convicted. This practice, known as civil asset forfeiture, allows authorities to take property suspected to be connected to criminal activities. However, due... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Indiana on
Q: What are the chances of getting a felony 6 due to a DUI in the last 7 years to a misdemeanor?
Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 23, 2023

It will depend on many factors including, how long since the last conviction and the strength of the prosecutor's case among other factors. Many counties will allow a reduction after completing probation. You should consult with a criminal defense attorney who practices in the county where... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for Indiana on
Q: What are the chances of getting a felony 6 due to a DUI in the last 7 years to a misdemeanor?
T. Augustus Claus
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answered on Aug 23, 2023

In Indiana, whether a DUI charge can be reduced from a felony 6 to a misdemeanor largely depends on the specific circumstances of the case, the defendant's prior criminal history, and the discretion of the judge and prosecution involved. Generally, a felony 6 DUI is more likely to occur if... View More

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can a judge file a motion to execute sentence and file a petition to revoke probation at the same time and consecutively
Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 22, 2023

No, Judges do not file motions in their own court, they issue orders. Attorneys, self represented persons, probation officers file motion/petitions.

2 Answers | Asked in Criminal Law for Indiana on
Q: Can a judge allow two level fives felonies reduce the charges to misdemeanors because of a plea agreement. In indiana
Joel D. Hand
Joel D. Hand
answered on Aug 20, 2023

A judge may accept or reject any plea agreement presented. Plea agreements are negotiated between the prosecutor and the defense attorney. All parties, including the defendant, must be in agreement for a plea agreement to be filed with the court. Once a plea agreement is filed, the judge will hold... View More

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2 Answers | Asked in Criminal Law for Indiana on
Q: Can a judge allow two level fives felonies reduce the charges to misdemeanors because of a plea agreement. In indiana
Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 21, 2023

The short answer is yes. The prosecutor offers the plea and if the defendant accepts the plea, then the judge decides if the plea is appropriate given the circumstances of the case and the defendant. The judge can either accept or reject the plea.

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2 Answers | Asked in Criminal Law for Indiana on
Q: Hi. I realized I have a pending criminal conversion case from 2014, how can I get it dismissed?

Hi. I realized I have a pending criminal conversion case from 2014, all fees were paid, my community hours were done BUT I did not submit them to the prosecutors office and the case has been pending. What can I do to dismiss this case? I have all my documents, including the community hour sheets... View More

Joel D. Hand
Joel D. Hand
answered on Aug 12, 2023

Much will depend on the prosecutor’s office and how they decide to handle this situation. If you were in a pre trial diversion program, you have likely been terminated from it. I agree with Mr. Bennett. You really should contact a criminal defense attorney who regularly practices in the county... View More

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

Get pulled over for license plate being too dark, they ran the dog searched me and found drugs(meth)IS THAT PC?

They took me to jail and have me a dealing charge they said if I gave them my pw to my phone they wouldn't take my brother to jail too before any of this happened they were... View More

Brandon T. Hicks
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answered on Aug 11, 2023

Good Afternoon,

I'd advise you to immediately contact an attorney to go over the specific facts of your case. Probable clause can be easy for police to establish in many cases. An attorney would need to review the police reports and the facts of the case to determine the best strategy...
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1 Answer | Asked in Animal / Dog Law and Criminal Law for Indiana on
Q: If i shot a dog for eating chickens,someone said the bullet hit his house am i guilty criminal wrecklessness with DW

... im being investigated for level 5 felony. Are the laws simular to self defense laws? Considering my children could have been attacked by said dog. He killed 16 chickens that day have video evidence of dog eating my kids pets

James A Hanson
James A Hanson
answered on Aug 6, 2023

It is always important to remember that sites like this are best used for more general legal questions. You don't want to share too many facts that could be used as admissions if charges are later filed.

Your situation involves more than one analysis.

One is whether you were...
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1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for Indiana on
Q: I was attacked by my wife and called the police. They came out I didn't press charges then but I would like to now. I

I have 911 audio recording while she was hitting me in the head and officers body cam footage of marks on my neck and back

T. Augustus Claus
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answered on Jul 27, 2023

If you were attacked by your wife, and you now wish to pursue charges, it's essential to take action promptly. You can contact your local law enforcement agency or the prosecutor's office to file a formal complaint or provide them with the evidence you mentioned, such as the 911 audio... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Indiana on
Q: In the state of Indiana do police officers have the authority to place you on a permanent ban from city/state property
T. Augustus Claus
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answered on Jul 21, 2023

In Indiana, police officers generally do not have the authority to permanently ban individuals from city or state property on their own. Decisions regarding access to public property are typically governed by local laws, ordinances, or policies established by the relevant government entities.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Hello I have a warrant for me right now for burglary 2nd but the lady that took the warrant for me is the one who actual

Actually took the stuff. She's been ordered by the court to return it. But the warrant still remains on me. How do I get it dropped

T. Augustus Claus
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answered on Jul 4, 2023

If you believe there is evidence or information that can support your innocence or prove that the person who accused you is responsible, it is important to gather that evidence and present it to your attorney. Your attorney can then help you build a strong defense and may be able to challenge the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: im wanting to transfer from IN to NJ while being on probation and owing restitution, can i do that ?

im currently homeless here in IN, and my girlfriend said i can move in with her in NJ if im able to be transferred there. my probation officer said that the state of IN will have to approve the go ahead to request a transfer. i told him i will do anything and everything possible to move and i will... View More

Joel D. Hand
Joel D. Hand
answered on Jun 8, 2023

If you are on probation for a felony offense, it is possible to transfer probation from one state to another. However, there is a process that must be followed and it requires approval of both the sending (Indiana) and receiving (New Jersey) states as well as payment for f a required transfer fee.... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Civil Litigation for Indiana on
Q: I'm representing myself and the opposing attorney does not inform me of depositions. How can I report this in Indiana?

Because I have become disabled during the course of my legal case, I now must represent myself. The opposing counsel does not inform me of when they are taking depositions which precludes me from asking any questions of the person being deposed, which seems to violate IN Rule 30 B, 1 of IN trial... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

First and foremost, you should consult an Indiana attorney to determine what the procedure is under Indiana procedural laws.

Commonly, if a deposition is taken without notice to another party, the party who did not receive notice can file a motion to suppress the deposition so that its...
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