Indiana Criminal Defense Legal Questions

They must have some evidence connecting you with the counterfeit bills, or, they are trying to get you tom make some incriminatory statements about them to make their case for them. The evidence they say they have (question: how do you know this is true? How do you know they have anything, just because they say so? Cops are crafty) could be anything from surveillance videos to prints on the bills, coupled with receipts and some documentation that you paid for something with 6x $20 bills. They still need to show knowledge and intent, however. Do not make any statements to the cops (it's probably too late already) without an attorney present. Chances are, if you do, that you will make their case for them where they couldn't prosecute you without it.... Read More

Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If the "victim" wishes to have the charges dropped or dismissed, he/she should talk with the D.A. However, the final decision will be up to the D.A.... Read More

You stated that the "other individual" called the police.  It might be a situation where the person who called the police told them exactly what you were wearing and looked like (which could include your race), so that is why they made the arrest.  A very simplistic answer as to what is racial profiling is more of a situation where the police stop you and question you because they are "looking" for someone and you might happen to be the same race, or you might be stopped and frisked because of your race.  The way you asked the question would leave me to believe that they had a witness (or alleged victim) who described what you were wearing and who you were.   Sometimes the police really do not ask too many questions, if there is plenty of other evidence that would support probable cause that you may have committed a crime.  As for reading you your rights, that generally only applies to whether or not you said anything that could be used against you while you were being questioned (the right to remain silent).  The court during your initial appearance will inform you of your right to hire counsel or have counsel appointed if you cannot afford an attorney.  ... Read More

You need to ask the lawyer and if you don't have one, ask the DA. I don't know all the facts here. If i can assume that "she" is a judge, she may have been trying to give you a break to get your license and avoid the PT diversion. My guess is that she will not put you in jail for not having a license, but will send the case to PT diversion or schedule it for a regular trial/plea.... Read More

The legal theory that the prosecutor is arguing is what is called "constructive possession."  What this means is that it is possible for anyone in the car to possess the marijuana, so, everyone will be charged with possessing it.  Constructive possession cases are not the easiest for the State to win, you should seek the assistance of a criminal defense attorney in your county. ... Read More

Diversion programs will differ from county to county.  It is best if you talk to a lawyer in your local jurisdiction.  I will say that most diversion programs are aimed at first time offenders, so if you have a past conviction or past time on a diversion program, typically, most counties will not put you back on, but again talk with someone in the county where your case is at. ... Read More

It would really depends on how it was charged.  There seems to be a couple of offenses that the driver could have been charged with.  The type of Felony/Misdemeanor will really determine what the sentence range will be.  Also, if there are multiple counts, then a defendant could be faced with multiple sentences and these sentences could be ordered to be served consecutively or concurrently.  If you know the charges, update the question and I can give you the ranges for each count.... Read More

More cops get hurt responding to domestic violence situations. They will do what they will do. When people start yelling and carrying on, it disturbs the public peace, so it is beyond you, your ex- and your family. He needs anger management training, and if he won't get it himself, the court may help him. If I was you, I would get a person protection order through the court.... Read More

It would depend on how the sentencing was handled and how the plea agreement was written.  If your plea was that you plead guilty to a Class A Misdemeanor, then it wouldn't impact how the case appears on your record.  If your plea was written in such a way that upon completion of probation, the State agrees to allow the charge to be treated as a misdemeanor, then you may be still stuck with the original charge.  You should have an attorney look over the plea deal for you. ... Read More

A person has a right to hire and fire their attorney.  Now if he has a public defender, it gets bit more tricky about getting a different attorney.  Most attorneys are not quick to go to trial, unless they feel that the case against their client is not that strong (or if their client is pushing the issue).  If your son truly wants to plead guilty he should talk to his attorney about this.  However, he could be taking this matter to trial, because the plea deal isn't that great and there really isn't that much at risk by going to trial.  There could be many reasons why a trial could be the best choice. ... Read More

If you have a warrant, you need to deal with it.  This is even more so the case if it is a misdemeanor case.  Because this is a probation violation warrant, you are not looking at a situation where the State has to worry about your speedy trial rights.  The worst case scenario is that you get picked up for the warrant in Florida and no bond is set (remember it is for a probation violation).  You get held and held and held until finally you are extradited to Indiana. ... Read More