Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

my husband and i were driving with our two small children in

a rental van through indiana...
my husband and i were driving with our two small children in a rental van through indiana to ga for the holiday weekend when we were pulled over for speeding. when the sheriff deputy smelled cannibus in the vehicle. When asked we stated that there was nothing in the vehicle. There actually was a half smoked joint in my husbands cig. pack and three joints that a neighbor offered my husband to take to a bachelor party he was on he way to after dropping me and the kids off. I did not know this was in the van and made a comment when i entered the van that i thought it smelled the night before. we left without any further questions on my part.
my husband did not consume the drug in the vehicle with the children. they were both strapped in the back of their car seats in the back of the vehicle. he did eventually tell where the drugs were and when asked why he originally lied they discovered it was because he had a gun hidden in the cooler in the front of the vehicle with the clip in the gun. when confronted he told them the truth that this was for his family's safety (did you see the two year old get taken out of the shopping cart with her mother 1 foot away in walmart and a knife held to her throat?). he does not have a concealed weapons permit since we are from chicago, but he feels our families safety is far more important. he was arrested for felony child endangerment, felony possession of a loaded firearm, and a misd. possession of marijuana. I paid the bond...his bail was $5000. When he was released the paperwork only shows that his bail was "as needed for $5000" and the misde. for possession for $0. Does this mean that he is only being charged for the misd. for possession or does he still have the possibility of being charged with all the other felonies? does he need a lawyer for his July 9th initial court date? Will he potentially be charged with the felony charges at the initial court hearing? Neither of us have EVER been in trouble with the law and have no idea what to do or what to expect. What are we do? How are we to proceed? What are we to expect? Please help me understand Indiana law!!!! A stupid mistake to be the cool man at the bachelor party and relive the high school days for my husband and carry a weapon (that has been strictly purchased for family protection and never fired at anyone - only practice at a firing range) could potentially ruin my husbands life. The second police officer terrified my 4 year old when announcing that her daddy was going to jail. she thought they were going to hurt and kill him and she would never see him again. we just want to pay any necessary fines and my husband just wants to may the consequences of his actions, but in a fair way. He is good man that has NEVER been in trouble, pays his taxes, is an amazing father and husband, and supports our country with all his heart!! Please help lead us in the right direction. His initial court date is July 9th. Thank you!!
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 26 minutes by:
7/6/2013
LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,855
Experience: 30 years legal experience
Verified

Good afternoon Melissa,

I'm Doug, and I'm very sorry to hear of your husband's situation. My goal is to provide you with excellent service today. I don't intend to scare you, but I get the sense that you don't fully appreciate the seriousness of these alleged criminal violations.

Yes, he absolutely needs an attorney, even for the arraignment on the 9th. If you cannot get an attorney in time for the hearing, then he will need to plead not guilty and the judge will set the matter for Preliminary Hearing.

I can almost assure you that the weapons charges and endangerment charges were not dropped. It is possible that he has only been charged with the pot for the time being. If that is what has happened, the I suspect the prosecutor, instead of charging him with the weapons charges outright, maybe planning to present the felony charges to a Grand Jury instead, and thereby eliminate the need for a Preliminary Hearing if the Grand Jury comes back with a charging Bill. Your husband would go directly to trial on those felony charges if a plea deal is not reached.

These are pretty serious felonies that your husband is facing, and it is not realistic to believe that he is just going to pay some fines and be released. I have no doubt that he is a good man and normally a law abiding man---but this is more than just a mistake, in the eyes of the law. He potentially could be sentenced to jail time. Each of the individual felony charges carries with it a possible penalty of 6 months to 3 years in prison, and a fine of up to $10,000. And while it is likely that the prosecutor will drop one or more of the felony charges and negotiate a plea deal on just one or two---there still remains the real possibility of jail or prison.

So it really is critical that he retain a criminal defense attorney as soon as possible.

I wish you the best in 2013.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

Doug

 



LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,855
Experience: 30 years legal experience
Verified
LawTalk and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,855
37,855 Satisfied Customers
Experience: 30 years legal experience

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

37,855 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
What does criminal intent or criminal contempt mean? My son
what does criminal intent or criminal contempt mean? My son is being held on this, but they won't tell him what the crime was.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My friend has a previous gun charge it was a misdemeanor but
My friend has a previous gun charge it was a misdemeanor but now is being charged with aggravated assault … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
When in a trial is there a sentencing guideline and the
when in a trial is there a sentencing guideline and the judge said i had a 0 rating what does that mean i have misdameanors and summaries… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
If convicted by the state for gun straw purchase with two
if convicted by the state for gun straw purchase with two guns not used in a crime can there be a lighter sentence then the 5 years if defendant don't have any criminal record or any contact with the … read more
Steinlaw
Steinlaw
Attorney/Principal
JD
1,704 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can I be cited for criminal Trespass from the tennis courts
Can I be cited for criminal Trespass from the tennis courts on a school grounds entirely at the discretion of the school officials… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
I would like to purchase a "gun" for pest control.
I would like to purchase a "gun" for pest control. Squirrels, possums, skunks and whatever lil critter thinks it's ok to dig up my beautiful plants. I am a convicted felon in the state of VA. Possessi… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
Can someone own a BB gun co2 air gun while a restraining
Can someone own a BB gun co2 air gun while a restraining order case is open in state of Florida?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Criminal (murder) trial in progress in San Diego. My
Criminal (murder) trial in progress in San Diego. My daughter lives in Kansas. The paralegal for the DA sent her an email "subpoena" - must she attend? California Penal Code 1330 seems to rule out the… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x