Every criminal investigation is unique because the facts and circumstances of each case are different.

Is it TYPICAL for law enforcement to do a rape kit in this situation... No. Are there circumstances in this specific case that may have prompted them to do a rape kit.....Maybe.... View More

All the State needs to file charges is probable cause that at a particular moment in time you took the phone with the conscious intent of depriving the rightful owner of its use or value. A classic example is someone who gets caught at the door shoplifting. Even though all the items are recovered... View More

If your son was ticketed under I.C. 35-46-1-10.5 for Purchase, acceptance, or possession of tobacco, an e-liquid, or an electronic cigarette by a minor, then it is an infraction and not a criminal offense.

An infraction is punishable only by a fine, much like a standard traffic ticket.... View More

In order to get a warrant, law enforcement must show the judge some evidence that demonstrates probable cause that evidence of criminal activity is present at a certain place or that a certain person committed a certain crime and should be arrested. The Probable Cause Affidavit is a sworn statement... View More

For a Level 6 felony, you will need to be formally booked at the jail. If the warrant was withdrawn and bail is OR or set at a fixed amount, then you will likely need to submit to fingerprinting and booking at the jail after which you will either be released on the OR bond or allowed to post the... View More

Your question is a bit confusing.

A warrant can be issued in a unique cause number prior to any charges being filed. This is done quite often and usually the unique cause is sealed until after the warrant is served.

A warrant can be issued as part of the initial filing of a felony... View More

In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the... View More

As long as the habitual enhancement applies to the case, there is no statute or other law the requires the State to file that enhancement before the omnibus date. Prosecutors routinely hold back on the habitual filing at first as a bargaining chip during plea negotiations.

If there was a valid warrant for your boyfriend's arrest, the officers are allowed to do a search incident to arrest within certain limits. Also, if the vehicle was going to be impounded, they are allowed to do an inventory search. There are many nuances and details associated with search and... View More

Yes, the witness can testify. Credibility of witnesses is always an issue for the finder of fact. In a jury trial, the finder of fact is the jury. In a bench trial, the finder of fact is the judge. Credibility of a witness can be attacked by prior inconsistent statements. That seems to be the... View More

It sounds as though there is at least a possibility that you may have a defense to one or more of charges that you could be facing but there is not sufficient information in your post to know for certain. I strongly recommend that you reach out to an experienced OVWI/criminal defense attorney who... View More

Michael I. Leonard Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2024

You should make sure that you file an actual police report. Except in the most unusual of circumstances, his Probation Officer will be notified or find out.

Michael I. Leonard Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2024

That will be up to the individuals prosecuting the case. If you are the only victim, then yes there is a great likelihood that they will want to call you to testify as a witness at trial. If you are asking whether you "HAVE TO" testify, even if you do not want to testify, the prosecutor... View More

You should hire another attorney to represent you in the new case and to see about the possibility of specialized driving privileges.

That will depend on the police department policy as well as the state lab policy. However, many police departments have equipment to do testing either a chemical reagent test or miniature spectrometers.

Contact the Attorney General's Office for consumer fraud.

If the two blood draws are done close in time to where there should be a comparable result, then it does become an evidentiary issue as to what is the correct blood score. You should consult with and experienced OWI attorney.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

If you've been a victim of identity theft from childhood into adulthood, including fraud involving Social Security and insurance policies, it's crucial to take immediate action. Start by reporting the identity theft to the Federal Trade Commission (FTC) through their website,... View More

The way this works is you ask a question and we do our best to answer it. I don't see any question. Please rephrase.

I would suggest speaking to the prosecutor's office in Hendricks County, Indiana to get an update on the case. I would also speak with the bank directly to dispute the account activity. If you do not have luck with the prosecutor's office or the bank, you may want to consider speaking... View More