Michael E., Jr. Polen
Rubino Ruman Crosmer Smith Sersic & Polen
- Criminal Law
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Jurisdictions Admitted to Practice
|Partner, Rubino Ruman Crosmer Smith Sersic & Polen|
|Police Officer -supervisor/accident reconstructionist, Highland Police Department|
|Valparaiso University School of Law||J.D.|
|Honors: Magna Cum Laude|
|Calumet College of St. Joseph||B.S.||Law Enforcement Management|
|Member, Indiana State Bar|
- Overall: 12 Answers
Q. What is the drug level cut off for thc
A: I am not sure what you are asking. If you are charged with driving a vehicle under the influence of TCH (marijuana) then the level does not matter. However if you are charged with possession of marijuana, the amount becomes very important. If it is 30 grams or less, the charge is a misdemeanor. anything greater is a felony.
Q. What are the statute of limitations on theft
A: The answer depends on the charge. Under Indiana law, generally the state has 5 years for B, C, and D felonies and 2 years for misdemeanors. There are a few deviations for certain situations. These can be found in Indiana Code 35-41-4-2.
Q. What is the statute in homicide abuse?
A: Under Indiana law, homicide includes many things including murder. There is no time limitations to the State filing a murder charge. I am not sure what you mean by "homicide abuse."
Q. Is there a statute of limitations on homicide neglect?
A: Under Indiana law, homicide includes many things including murder. There is no time limitations to the State filing a murder charge. I am not sure what you mean by "homicide neglect."
Q. How long does a prosecutor have to file chargers? something happened 6 yrs ago and they just now filed charges
A: The answer depends on what the alleged crime is. The amount of time can be found in Indiana Code 35-41-4-2.
Q. If i took a plea for something i didnt do but i have evidence to prove i didnt do it, could i still put in a law suit
A: From your post, I am not sure what you mean when you say "put it in a law suit." A plea agreement can be admitted as an admission in a civil suit, which won't be good for you because you admitted guilt. It is also very unlikely that you will be able to get the plea agreement changed with the Court.
Q. Can the prosecutor force a whitness testify? When key witness is a minor and family member of the person on trial.
A: A prosecutor may issue a subpoena requiring a person to give testimony. If the person ignores the subpoena, the prosecutor may bring the matter before the court and ask that the witness be held in contempt. Rather than just ignoring a subpoena, the best practice is to try to have an attorney file a motion to quash the subpoena if there are grounds for doing so.
Q. We live in CA. My 14 yr old son is charged with 2 felonies in IN. I am unemployed and broke. How do i get him a lawyer?
A: If you and your son qualify, you may be entitled to a public defender. The Court will make that determination and assign one if appropriate. Another option might be if there is a free legal aid clinic. You can check with the local bar association and/or the clerk of the Court for phone numbers.
Q. What constitutes a strong armed robbery
A: Generally a strong armed robbery takes place when a person uses physical force (without a weapon) to take somebody's property. The force may be as simple as pushing. An armed robbery involves a weapon of some sort.