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Indiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: Is the human body considered a deadly weapon in indiana
Andrew L. Bennett
Andrew L. Bennett answered on Aug 5, 2019

35-31.5-2-86. Deadly weapon.

(a) Except as provided in subsection (b), “deadly weapon” means the following:

(1) A loaded or unloaded firearm.

(2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC...
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1 Answer | Asked in Criminal Law for Indiana on
Q: wife was arrested on F3 drug charge. She hasnt had proper medical attention n other injustices. can i sue county?

my wife was served arrest warrant and booked under wrong Identity (name, DOB, address, and all) They then changed the info four more times , each time being incorrect. I was attempting to put money on her books and while i put it on the name they booked her by, directly after my deposit her info... Read more »

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

You should consult with a local attorney who is familiar with criminal law and civil suits against governmental entities. Use the find a lawyer feature.

1 Answer | Asked in Criminal Law for Indiana on
Q: What rights does a defendant have when there is a hung jury for a murder trial.
Andrew L. Bennett
Andrew L. Bennett answered on Aug 4, 2019

After a hung jury, the prosecutor must decide if they are going to move forward with the case to another trial. It is as if the first trial did not take place and the defendant is in the same position as before the trial.

1 Answer | Asked in Criminal Law for Indiana on
Q: I live in NC and got an underage alcohol ticket at the 500. How do I avoid my court appearance and clear my record?

I am 20 years old with a clean record and don't want to drive from NC to Indiana to go to court.

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

You will be ordered to appear in court and must appear for your Initial Hearing or a warrant for your arrest will be issued. However, because this case is a misdemeanor, if you hire a local attorney, he/she should enter on your behalf and waive the initial hearing so you would not have to be... Read more »

1 Answer | Asked in Criminal Law and Military Law for Indiana on
Q: Been wanting to join the army but i have a level 6 felony the lowest of felonies that i pleaded to a lesser charge

How can i get a waiver to enlist

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 30, 2019

Based on the information contained in your question it would be up to a recruiter to apply for the waiver to enlist, nothing really an attorney can do for you.

1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: do the police have a right to tell me and everyone else to get out of our room during a pop up inspection?

If someone in my home is on house arrest do the police have a right to tell everyone to go to the living room while they search my WHOLE house during a pop up inspection? This person has their own room .

William Jaksa
William Jaksa answered on Jul 29, 2019

In many jurisdictions, this type of behaviour by police to not permitted. Check the terms of the house arrest of your housemate. Are there terms that they agreed to that allow police to search the house? Usually, with a few limited exceptions, police only have authority to enter and search with a... Read more »

3 Answers | Asked in Criminal Law for Indiana on
Q: The police want to question my son in connect with a shooting that happens in Gary,IN

People are telling the police he did it or know who did. But my son says he wasn’t there when it happened

Gary Kollin
Gary Kollin answered on Jul 24, 2019

Retain an attorney first!

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can my sister counter-sue her ex-boyfriends girlfriend.

So on 7/19/18 my sister had told her ex boyfriend that she was coming over to his and his girlfriends house. She got to the house knocked a few times and left. Went around the block and noticed he was in the yard. She pulled up and his current girlfriend came out accusing her of trying to break... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Jul 23, 2019

Rather than worrying about counter suing at this point, it sounds like she needs to consult with an attorney regarding her own arrest. If it is shown through her case there was false allegations, then she may have a case for malicious prosecution.

1 Answer | Asked in Criminal Law for Indiana on
Q: What is the statue of limitations for filing a domestic battery charge against an individual who spit in your face
Andrew L. Bennett
Andrew L. Bennett answered on Jul 22, 2019

In Indiana the Statute of Limitations to file a misdemeanor is two years, however the filing of charges is completely the prosecutors decision after reviewing a police report and evaluating the evidence. If you have not made a police report you should do so.

1 Answer | Asked in Criminal Law for Indiana on
Q: If someone in your home is on house arrest how much of your home can be searched? Who must I allow into my home?

Do i only have to allow the probation officer? This person has their own room do i have to let the police search my whole house?

Andrew L. Bennett
Andrew L. Bennett answered on Jul 22, 2019

Probation would have the ability to search all the common areas where the person on house arrest may go. Any private areas of the home where the person is not allowed to go to, probation should not be entering.

1 Answer | Asked in Criminal Law for Indiana on
Q: I was arrested &charge with public intoxication disorderly counduct for being loud & trespassing Could those be dropped
Andrew L. Bennett
Andrew L. Bennett answered on Jul 20, 2019

In Indiana the prosecutor has the discretion to file charges as long as it appears there is probable cause to file the charges. Additionally, the prosecutor has the discretion to dismiss charges when ever they determine appropriate. Now with that said, the charges you have are not serious in... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Does there have to be any physical sign of injury to be charged with domestic violiance?
Andrew L. Bennett
Andrew L. Bennett answered on Jul 17, 2019

The short answer is NO. A complaint of pain is sufficient for an officer to believe there was a touching to be arrested.

1 Answer | Asked in Criminal Law for Indiana on
Q: I was told today that I had a warrant for parole violation how long till they come get me
Andrew L. Bennett
Andrew L. Bennett answered on Jul 17, 2019

That is too speculative to answer accurately. It is unknown whether the police or marshals will come looking for you. Also if you are in a vehicle and get stopped your name would be run and the warrant located.

1 Answer | Asked in Criminal Law for Indiana on
Q: I was sentenced to 1 year probation. And probation knowingly lied & filed a false document restitution short sheet

When all fines, fees and restitution are paid in full probation to convert to non reporting. The judge asked if I understood and had any questions so I said yes sir. So when I pay this off today what does that mean. He said well that word mean you dont have to worry about anything and a year from... Read more »

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

It sounds like probation did not do their work in a timely manner and restitution was not determined until you had paid all other fees as required. You should consult with a local attorney who can hopefully resolve this quickly.

1 Answer | Asked in Criminal Law for Indiana on
Q: Im being blamed and threatened with police for stolen safe but it wasnt me. What do I do?

It was my husband Matt's that passed away. His mom took everything. His sister stole it and sold it to my roommate. She told us her mother gave it to her because she didnt get anything from Matt. I took nuts off thats it.

Gary Kollin
Gary Kollin answered on Jul 13, 2019

Thank you for sharing. There is NO question.

Venting often helps

2 Answers | Asked in Criminal Law for Indiana on
Q: Can a person be charged with possession of narcotics or paraphernalia weeks after found with a warrant?

Items seized during warrant search, no charges files then or for weeks

Gary Kollin
Gary Kollin answered on Jul 12, 2019

Yes

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1 Answer | Asked in Criminal Law for Indiana on
Q: If an agreement has been made to replace items that were taken can the victim still press charges in indiana

Can he still preas charges if i have reciepts showing everything has been replaced

Andrew L. Bennett
Andrew L. Bennett answered on Jul 12, 2019

Without knowing more it would be difficult to give a completely accurate answer, agreement with whom. However, the victim does not press charges in Indiana. The prosecuting attorney makes the decision to file or not file charges entirely. A victim's thoughts and feelings are taken into... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: How did the law change as far as how prisoners do their time did it go 75% of their time, to now only having to do 50%

when did this law changed from having to do 75% of time, to now only having to do 50%. has this changed,and does it apply only to non violent cases.

Andrew L. Bennett
Andrew L. Bennett answered on Jul 12, 2019

In Indiana for many many years it was a jail or DOC sentence was served at 50%. In 2014 the law changed, after 2014 misdemeanors and level 6 felonies it remained at 50% for all other felonies it is a minimum of 75% unless the person is a credit restricted felon, then the person would serve 85% of... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Does a sealed warrent violate your sixth amendment right to a speedy trial if sealed for over 2 years while incarcerated

I was incarcerated for 2 and a half years and the evidence they sealed it on was dna. I served 4 yrs and 8 months so far. Th warrent was sealed for 2 years and a couple months

Gary Kollin
Gary Kollin answered on Jul 12, 2019

If it was merely an arrest warrant, I do not have an opinion.

However, if was a warrant issued based on an indictment or information, then you should look at the Supreme Court case of Doggett v. United States

Gary Kollin

1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Indiana on
Q: Can you get house arrest with a fleeing charge
Andrew L. Bennett
Andrew L. Bennett answered on Jul 1, 2019

Without more detail it is too difficult to give an accurate answer. However, if there was no injury on a fleeing case, it is possible to get house arrest in most situations, if at all.

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