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
Do you have any Indiana Criminal Defense questions 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.

Recent Legal Answers

Sorry to hear about this. If he is not a US Citizen then they could hold him so they can contact immigration (ICE) with the hope that they will deport him.  Usually, they can only hold them for about a week or so before they release them. But if they have a warrant or something from another county, then they could keep them longer. Your friend's situation sounds like a difficult one. Unfortunately, if your friend is not a U.S. citizen it is possible that they could hold him until they can contact Immigration and he may face deportation. Depending on the specifics of his case, there may be other repercussions as well such as having to pay fines or serving jail time in addition to being deported. The best thing you can do right now is to contact an immigration attorney who specializes in cases like this and get them involved in finding out what options are available for your friend and how best to move forward with his case. You might also want to reach out to any local legal aid services or clinics that provide pro bono representation since these services are often free of charge or have low fees depending on the specifics of your financial situation. Finally, speaking from personal experience I know that contacting local state representatives can sometimes help when facing situations like this so consider doing that if all else fails as well!... Read More
Sorry to hear about this. If he is not a US Citizen then they could hold him so they can contact immigration (ICE) with the hope that they will... Read More

My criminal case

Answered 3 years ago by attorney Mr. Mark Nicholson   |   1 Answer   |  Legal Topics: Criminal Defense
In Indiana, when a state files a motion to withdraw an appearance from your criminal case, it means that the prosecutor assigned to your case is getting off and will be replaced by another. This doesn't mean that you are off the hook; the new prosecutor may have different ideas about your case and can still bring charges against you. In addition, if any applicable statutes of limitation have not expired during this change in representation, then those same charges could still be brought moving forward. It's important to understand what is happening in your criminal case.   If they file a motion to dismiss your case, then that's a good thing!... Read More
In Indiana, when a state files a motion to withdraw an appearance from your criminal case, it means that the prosecutor assigned to your case is... Read More

I need a defense attorney

Answered 6 years ago by Gregory Philip Bowes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, you do need a defense attorney. If you cannot afford an attorney, the judge will appoint a public defender to represent you. With these complicated facts, you should have an attorney start working on your case right away. I just found your case online, and it appears you were just given time to hire a lawyer.... Read More
Yes, you do need a defense attorney. If you cannot afford an attorney, the judge will appoint a public defender to represent you. With these... Read More
Once you hire the private attorney, he or she will notify the court that there is a new attorney. At that point, the judge will permit the public defender to withdraw from the case. What this means is you have to hire the new attorney before anything else can happen.
Once you hire the private attorney, he or she will notify the court that there is a new attorney. At that point, the judge will permit the public... Read More

How long can someone get for a first-time invasion of privacy

Answered 6 years and 2 months ago by Gregory Philip Bowes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Ind. Code § 35-46-1-15.1 makes the first offense of Invasion of Privacy a Class A misdemeanor, which, under Ind. Code § 35-50-3-2, could result in jail time between zero days and one year.
Ind. Code § 35-46-1-15.1 makes the first offense of Invasion of Privacy a Class A misdemeanor, which, under Ind. Code § 35-50-3-2, could... Read More

is there a limit on the statute of limitations on an A felony in indiana

Answered 6 years and 2 months ago by Gregory Philip Bowes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Ind. Code § 35-41-4-2(c), available at http://iga.in.gov/legislative/laws/2019/ic/titles/035/#35-41-4-2, states a prosecution for a Class A felony (or a Level 1 or 2 felony) can be brought at any time. 
Ind. Code § 35-41-4-2(c), available at http://iga.in.gov/legislative/laws/2019/ic/titles/035/#35-41-4-2, states a prosecution for a Class A... Read More

Second time shoplifting

Answered 6 years and 8 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You will need to discuss personally with a criminal defense attorney.  You will need to hire an attorney or request a public defender.  What may happen depends on many factors. Including, the specifics of the prior, if you were on probation, what is alleged about the new crime, the county you are in etc. ... Read More
You will need to discuss personally with a criminal defense attorney.  You will need to hire an attorney or request a public defender. ... Read More

Can I be charged of possession of marijuana if the car wasnt mine and the drive was my wife the car was parked keys wasnt in ignition?

Answered 6 years and 8 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
There is such a thing as constructive possesion which allows someone to be charged even if the contraband is not on their person but with these facts it sounds like you have a good defense.  Speak with an attorney asap. 
There is such a thing as constructive possesion which allows someone to be charged even if the contraband is not on their person but with these facts... Read More

What happens on a second driving in suspended offense

Answered 6 years and 8 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Not sure if you were charged with an infraction or misdemeanor but speak with an attorney asap.  You do not want to plead guilty to DWS as you can suffer additional suspensions plus the points on your license.  Call attorney to discuss how to handle this and clearing up your record.... Read More
Not sure if you were charged with an infraction or misdemeanor but speak with an attorney asap.  You do not want to plead guilty to DWS as you... Read More

How much money will it cost

Answered 6 years and 9 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Much more info is needed.  Including the what are the charges, any prior history, where this is pending etc.
Much more info is needed.  Including the what are the charges, any prior history, where this is pending etc.

What would I face if I had stole lottery tickets an only stole $200 to $600 in tickets an I live in Indiana.

Answered 6 years and 9 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It will depend on many factors.  Including what exactly you are charged with, where this happened, any prior criminal history etc. 
It will depend on many factors.  Including what exactly you are charged with, where this happened, any prior criminal history etc. 

My husband is in jail in one county and the jail let him miss his court, now he has warrant in other county, how do we dismiss or file?

Answered 7 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
His attorney said simply notify the court, with proof, that he was in jail  at the time of the court hearing. If the court appointed attorney will not do so, you can get proof your self and take it to the court.
His attorney said simply notify the court, with proof, that he was in jail  at the time of the court hearing. If the court appointed attorney... Read More

Possession of paraphernalia

Answered 7 years and 7 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you truly can’t afford an attorney one can be appointed without any cost if you charged with a jailable offense.  Ask for one. 
If you truly can’t afford an attorney one can be appointed without any cost if you charged with a jailable offense.  Ask for one. 

What can I do to an ex caregiver after realizing that she has been steeling for some time

Answered 7 years and 7 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can call the police and provide the proof.  You can also proceed with a civil suit against her and possibly her employer if the amount taken is significant enough. 
You can call the police and provide the proof.  You can also proceed with a civil suit against her and possibly her employer if the amount taken... Read More

How much Would It Cost For you too pick up My case

Answered 7 years and 7 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Cost can depend on many factors. For example, location, priors, specific facts, whehter it is tried or if a plea agreement is entered etc.  Call some local attorneys to discuss. 
Cost can depend on many factors. For example, location, priors, specific facts, whehter it is tried or if a plea agreement is entered etc.  Call... Read More
A level 6 is punishable from 6 months to 2.5 years.  Your friend needs an attorney.  
A level 6 is punishable from 6 months to 2.5 years.  Your friend needs an attorney.  

how to get a fta warrant dismissed that was issued when I was in jail?

Answered 7 years and 9 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire an attorney.  A motion to quash the warrant can be filed and if you were in jail at the time of the court date the court will more than likley grant the motion.  The attorney can work on resolving the underlying charge after that.  
Hire an attorney.  A motion to quash the warrant can be filed and if you were in jail at the time of the court date the court will more than... Read More
You can hire an attorney.  Depending on the facts, where you are charged and your criminal history it may be possible to get the charges reduced.  If you are unhappy with your current attorney and can afford it then you can certianly hire a private attorney.  
You can hire an attorney.  Depending on the facts, where you are charged and your criminal history it may be possible to get the charges... Read More

How can a warrant be issued for theft with no proof

Answered 7 years and 9 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need to get an attorney to help defend the charges.  They have already charged you so the prosecutor must think there is enough evidence.  At this point only help from an attorney can possibly resolve the charges in your favor.  If you can't afford an attorney you can ask for a public defender but would have to turn yourself in on the warrant first.   A private attorney could help with getting you turned in or the warrant recalled.  ... Read More
You need to get an attorney to help defend the charges.  They have already charged you so the prosecutor must think there is enough... Read More
You have an attorney.  Write down all your questions/concerns and meet with your attorney to discuss.   
You have an attorney.  Write down all your questions/concerns and meet with your attorney to discuss.   

If police had no warrant and I told them to leave.... They threatened lied and tricked me into signing a warrant?

Answered 7 years and 9 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
There are some issue here that an attorney will have to explore.  More facts are needed to decide if the search was valid.  Meet with a local criminal defense attorney asap to discuss.  You will need to hire an attorney to help you.  If you can't afford one ask the court for a public defender.  ... Read More
There are some issue here that an attorney will have to explore.  More facts are needed to decide if the search was valid.  Meet with a... Read More

What could my wife be realistically be facing and is it possible it can be thrown out?

Answered 7 years and 10 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
 The possible penalty depends on exactly how they charged it. This type of crime to be charged as an a misdemeanor which is punishable up to one year in jail or a level six felony which is punishable up to three years in jail. The possible outcome depends on many factors. The evidence they have, the amount that was attempted to be taken outside the store, her prior criminal history, and also the county where she was charged. As it is it jailable offense she will need to hire internally. Feel free to contact me ... Read More
 The possible penalty depends on exactly how they charged it. This type of crime to be charged as an a misdemeanor which is punishable up to one... Read More

What can happen if I get charged with forgery for chasing more than on check over 1200

Answered 7 years and 11 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can certainly be charged criminally. To say what will happen and that more facts are needed. It will depend on all the circumstances, what they decide to charge you with, as well as your criminal history and even the county are charged. If you are certain you will be charged I would be with the criminal defense attorney.... Read More
You can certainly be charged criminally. To say what will happen and that more facts are needed. It will depend on all the circumstances, what they... Read More

Can the law pull u over and search ur vehicle without my consent

Answered 8 years ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It depends on the facts.  There has to be a valid reason for a search.  If you were arrested the search could be as a result of the arrest.  Get a defense attorney asap to protect your rights.  
It depends on the facts.  There has to be a valid reason for a search.  If you were arrested the search could be as a result of the... Read More

What is the statue of limitation for a noise ordinance violation?

Answered 8 years ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The statute of limitations was myet when they filed the charges. The the warrant can pend forever potentially. Hire an attorney  to help resolve.
The statute of limitations was myet when they filed the charges. The the warrant can pend forever potentially. Hire an attorney  to help resolve.