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Indiana Criminal Defense Legal Questions

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404 legal questions have been posted about criminal law by real users in Indiana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Indiana Criminal Defense Questions & Legal Answers - Page 2
Do you have any Indiana Criminal Defense questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 404 previously answered Indiana Criminal Defense questions.
Criminal Law
Indiana

Recent Legal Answers

How do they have to prove I sent a text

Answered 8 years and a month ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire an attorney.  Can possibly show through phone records.  The records won't show the content of the the text but will show if you sent a text at that time. 
Hire an attorney.  Can possibly show through phone records.  The records won't show the content of the the text but will show if you sent a... Read More

If drugs are found in a home and nobody claims possession who gets charged

Answered 8 years and a month ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You are being charged because you had "constructive" possession.  Meaning the drug was in an area available to you.  Hire an attorney asap to defend.  
You are being charged because you had "constructive" possession.  Meaning the drug was in an area available to you.  Hire an attorney... Read More

What sentencing to expect for two counts of possession of a legend drug?

Answered 8 years and a month ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Get an attorney.   Level 6 felonies are punishable by up to 2 1/2  years in jail.  Whether you will do that much time depends on many factors. Too many to discuss in a forum like this.  
Get an attorney.   Level 6 felonies are punishable by up to 2 1/2  years in jail.  Whether you will do that much time depends on many... Read More

Felony exspongement

Answered 8 years and 3 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depending on the level, type and convcition date you may be able to get expunged.   Wait time is 8 years for most felonies.  If eligible you should have an attorney file for you as there are pitfalls if not filed properly.  Most laywers, like myself, will not charge to discuss.   ... Read More
Depending on the level, type and convcition date you may be able to get expunged.   Wait time is 8 years for most felonies.  If... Read More

I have pending charges for possession and paraphernalia. Need to know what to expect next and how it can be resolved

Answered 8 years and 4 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Best to hire an attorney.  These charges can follow you for quite sometime if you plead guilty. Could effect school, job, drivers license etc.  Most prosecutor's will not negotiate a resolution without an attorney which means plead guilty or go to trial.  
Best to hire an attorney.  These charges can follow you for quite sometime if you plead guilty. Could effect school, job, drivers license... Read More

What is the law when during a traffic stop for non use of a turn signal turns into a criminal case after the fact no body has warrants.

Answered 8 years and 4 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If the officer had reasonable suspicion to believe illegal activity (ie smell of marijuana) can detain for investigation.  However, the stop can't last any longer than a normal traffic stop.   So depending on why the officer felt there was reasonable suspicion and how long it took to get the dog there and do it sweep it may or may not have been proper. ... Read More
If the officer had reasonable suspicion to believe illegal activity (ie smell of marijuana) can detain for investigation.  However, the stop... Read More

What is most likely to happen?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
He SHOULD NOT attempt any resoltuion without an attorney!  As far as what can happen there are many factors that need to be considered which is why he needs an attorney.  Hire private counsel or ask for public defender. 
He SHOULD NOT attempt any resoltuion without an attorney!  As far as what can happen there are many factors that need to be considered... Read More

can plea agreements be changed if you find your lawyer failed to provide evidence that could free you ?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Normally a plea can not be changed because you think it should have been better.  The time to argue that is before you sign and enter it.  If the State failed to give you evidence they had before the plea then that might be different.  Speak with an attorney
Normally a plea can not be changed because you think it should have been better.  The time to argue that is before you sign and enter it. ... Read More

Had a auto accident along wit a owi

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
David, An Attorney can help you with the underlying OWI charge and the suspensions.  You can be suspended before and after any conviction.  Depending on if you took the breath test, have any priors etc the suspension can be from 90 days to 2 years.  Possibly more if you have mutlipe prior convictions.   Speak with an attorney asap. ... Read More
David, An Attorney can help you with the underlying OWI charge and the suspensions.  You can be suspended before and after any... Read More

Can I go to jail?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You must go.  No matter what happens it will be worse if you fail to appear.  I woud suggest you get an attorney asap.  If your probation is revoked you could have to serve the remainder of any suspended sentence. 
You must go.  No matter what happens it will be worse if you fail to appear.  I woud suggest you get an attorney asap.  If your... Read More

Can my wife have a handgun if I am a felon?

Answered 8 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. The problem is that her possession of in, let's say, the dresser you both put your clothes in, or on the top shelf of a closet you both put your clothes in, may also make a jury think that YOU are in possession of it.
Yes. The problem is that her possession of in, let's say, the dresser you both put your clothes in, or on the top shelf of a closet you both put your... Read More

If I am 18 and my mother calls the police on me for not being home after a heated argument, can I go to jail?

Answered 8 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Defense
No, you can't go to jail for that.
No, you can't go to jail for that.

Do I need a lawyer if I bonded out of jail?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You most certainly need a lawyer.  If you had to bond out this is a jailable offense.  If not handled properly you can lose certain freedoms and rights.  What the judge probably said was that he/she was enetering an initial plea of not guilty.  That just means that currently you have not admitted to the charges but you still have to answer to them.   Speak with an attorney asap.   ... Read More
You most certainly need a lawyer.  If you had to bond out this is a jailable offense.  If not handled properly you can lose certain... Read More

What should I do to remove a theft misdemeanor case back in 2014 from my record?

Answered 8 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Defense
There is nothing you can prior to the expungement period passing except get a pardon from the Governor.
There is nothing you can prior to the expungement period passing except get a pardon from the Governor.

I have been accused of burglary and theft, aquatance said they had permission courts are giving me 6 years prison and this is my first offense...help

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can ask for a public defender and you should do so.  
You can ask for a public defender and you should do so.  

I was arrested for getting in a fight w my daughter. It's a misdominor domestic battery. The police omitted in their report that my daughter admitted

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Normally pre-trial diversion does not include a plea of guilty.  Pre-trial diversion normally is no finding of guilt with a time period to meet conditions of the agreement, which are normally just a payment and no furhter arrests.  If those conditions are met the charges are dismissed.  I would suggest speaking with an attorney if those are not the terms.  ... Read More
Normally pre-trial diversion does not include a plea of guilty.  Pre-trial diversion normally is no finding of guilt with a time period to meet... Read More

Is police entrapment

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Much more information is needed.  Entrapment is when an officer uses force, coercion, or trick to get someone to do something illegal they were not going to do without the actions of the officer.
Much more information is needed.  Entrapment is when an officer uses force, coercion, or trick to get someone to do something illegal they were... Read More

If something goes wrong with the abortion, am I legally held responsible since I am driving her across state lines?

Answered 8 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Defense
If your friend is at least 18 years old, you have nothing to worry about.
If your friend is at least 18 years old, you have nothing to worry about.

My fiancé was arrested on a warrant that had been lifted 4 times while out of state. Is that legal? Any thing we can do about this?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
More than likely the warrant was never lifted.  Indiana just did not want to extradite him so the arresting state released him.  He should have taken care of the warrant and the underlying issues the first time he was released.   The question now is if the judge was correct in the sentence.  You can get all the info together and speak with an attorney.  ... Read More
More than likely the warrant was never lifted.  Indiana just did not want to extradite him so the arresting state released him.  He should... Read More

Can state police keep seized property if charges are dismissed from death of defendant

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I assume the seizure was due to the allegation the property was used for criminal activity.  If so they must prove that fact to keep the property.  The fact that the charges were dismissed becasue the defendant passed away does not change the issues.  If the property is valuable speak with an attorney.  ... Read More
I assume the seizure was due to the allegation the property was used for criminal activity.  If so they must prove that fact to keep the... Read More

I was place on probation for a misdemeanor theft charge that I later stopped attending out of fear of going to jail

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The worst thing to do is not keep in contact with probation.  More than likley they have revoked your probation and a warrant is issued.  You need to speak with an attorney asap.  The attorney can look up the status of your case and decide how best to move forward.  Don't ignore this any longer.  The longer you wait the worse it gets.  Your best opportunity to get resolved is if you do it on your own before the court forces you to do so.  ... Read More
The worst thing to do is not keep in contact with probation.  More than likley they have revoked your probation and a warrant is issued. ... Read More

What's the possibility for me to go to jail for theft or am I more eligible for like probation/community service?

Answered 8 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Defense
You have a possibility to avoid time; a better answer could be obtained by talking to a criminal lawyer who knows the court and the judge you will be in front of to give a better opinion. This is a statewide forum, and judges throughout Indiana have different ideas as to w how to handle cases such as this.... Read More
You have a possibility to avoid time; a better answer could be obtained by talking to a criminal lawyer who knows the court and the judge you will be... Read More

Can unlawful possession of a firearm charges be dropped if another person takes claim of the weapon after the fact?

Answered 8 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Defense
They can still charge the woman. They can charge both if they think the two were exercising joint control over the gun.
They can still charge the woman. They can charge both if they think the two were exercising joint control over the gun.

Should I talk to CPS without an attorney if my child is being accused of accessory to rape?

Answered 8 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Defense
You need to talk to a lawyer first (with your child present) before talking to CPS.
You need to talk to a lawyer first (with your child present) before talking to CPS.

How does the court figure what I pay a court appointed attorney?

Answered 8 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Defense
Each court does this differently. You will have to ask someone in your county.
Each court does this differently. You will have to ask someone in your county.
Criminal Law
Indiana

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