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

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.

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

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... View More

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... View More

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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

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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

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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

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

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... View More

Wiretap laws are different in each state. This could be a criminal violation. Something just doesn't sound right when the employer says to "secretly" tape record your customers in their own homes. The customers have a right to privacy and this would appear to violate that. If it... View More

Driving offenses can stack up quickly if one is not careful. Generally speaking, the progression moves from multiple driving while suspended as an infraction, to multiple driving while suspended as a misdemeanor, then being declared a Habitual Traffic Violator as a felony offense. Do whatever you... View More

I'm sorry to hear about your fiancé's situation.

First, do anything reasonable to establish communication with his current attorney so you can understand what work he is doing on the case. Many times, it is unclear what is happening on a case, and it is essential to establish... View More

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answered on Mar 19, 2023

If you believe that your son's rights were violated during the traffic stop and search, there are several steps you can take to address the situation.

Contact an attorney: You may want to consider contacting an attorney who specializes in civil rights or criminal defense to discuss... View More

Indiana Code 35-47-4-5(b) As used in this section, “serious violent felony” means:

(1) murder ( IC 35-42-1-1 );

(2) voluntary manslaughter ( IC 35-42-1-3 );

(3) reckless homicide not committed by means of a vehicle ( IC 35-42-1-5 );

(4) battery ( IC... View More

You will need to find an Arkansas attorney to advise you on how (and if) you can expunge your criminal record in that state.

Criminal convictions are specific to the state where they are entered. Expungements are, likewise, specific to the state of the convictions.

Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.

The vast majority of warrants are "knock and... View More

This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial... View More

First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.

Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same... View More

Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.

There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if... View More