Indiana Criminal Defense legal questions and top-rated attorney answers

Indiana Criminal Defense questions and answers

• Can a person win a post-conviction case based on a traffic stop that should have been completed or suppressed?

  Asked in Indianapolis, IN

  An officer claimed to be chasing a car for a traffic stop on the highway at speeds over 120 mph. It’s not possible to catch that car if the officer was at a standstill and mistakenly pulled me over. He didn’t arrest me for reckless driving. He had all my information to complete the stop, and claimed he finished a ticket, but never provided one. We proceeded to trial after the denial of the suppression hearing. At the suppression hearing, he claimed no probable cause, and he claimed he furthered his investigation based on “a hunch” that I was up to something. No video was ever presented of the traffic stop to support the facts on my behalf. I filed a direct appeal and lost based on an Indiana traffic stop of full completion not completed. But federal law says it should have been completed without delay. What can I do to win a post-conviction case based on these facts, or do I need to do something else? Right now I’m pro se

  Answered by 2 attorneys

  

• Can a person legally be picked up and taken to county jail before the court has processed a warrant for the officer?

  Asked in Winchester, IN

  Arrested when checking in for weekly house arrest meeting. Probation called sheriff's department and told them they put in for a probation violation and court was processing it. Sheriff arrested me and took me to jail where they could not even book me in because there was no warrant issued yet. Took approximately 42 minutes before court processed and sent warrant to the county jail so I could be booked in. Probation violation was filed without an attached sentencing order because the court had neglected to file the sentencing order.

  When I finally got in to court for my Probation violation the new judge dismissed all charges because there was no sentencing order. That day the judge filed the sentencing order which was 11 days before my full sentence of 6 months house arrest and 18 months Probation was due to be completed. The judge who originally started and sentenced me on my case was asked to resign to avoid other complications in his life. My case was used 3 times in paperwork to prove the judges wrongdoing and reason for him to resign. What can I do? Is there any legal standing I can file against the county or courts/sheriff's department?

  Answered by 2 attorneys