Comments on: A Righteous Legal Loophole

By: Rob Murphy

Rob Murphy — Tue, 10 Oct 2017 19:30:13 +0000

I Agree “Every alleged assailant is not a ticking time bomb.” or convicted assailant, to take that statement a step further and I can certainly identify with the full statement. A decent prosecutor should, in fact, make these considerations However The logic seems to be that Punishment trumps rehabilitation and individual rights e.g. Passports, voting, Second Amendment, loans and Housing and continues to punish a person in a fundamental way ex-post facto… especially the loss of second amendment rights and I find pre-crime a repugnant concept.
So Back to the mythical decent prosecutor, Some people have been taught to be violent to resolve their problem from childhood. They can be taught other methods successfully. Most people are not Bad people, they have bad judgment and responded in an inappropriate way to anger or even disproportionate self-defense. Forcing them into treatment should suffice. but I’m not sure you can count on any prosecutor to temper zeal with human kindness it’s just their factional purpose to avoid that righteous legal loophole.

By: Rob Murphy

Rob Murphy — Mon, 09 Oct 2017 12:05:00 +0000

I am having a hard time distinguishing between the two codes 35-42-2-1.3 and 35-42-2-1 understanding that 35-42-2-1.3 is a domestic battery then logically 35-42-2-1 would be the vanilla battery (non-domestic) however before applying to a federal job requiring a hazardous material permit that requires me to answer a question honestly…Glancing over my criminal history on Mycase.In .gov I see this > 1989 35-42-2-1 BATTERY (A) (D.V.) So I’m like what the heck is the (D.V.) mean and where did it come from first instinct is that it could stand for domestic violence doing research turns up no definition to me, however, I did see something that could interpret this as (d.5.)? adult endangerment? as far I know I was convicted of a simple battery and that is the answer would like to give to them but now I’m confused and wishing they would include a legend to their abbreviations.

By: John Kindley

John Kindley — Sat, 09 Sep 2017 15:31:45 +0000

In reply to Betty Caudill. I don't give legal advice on this blog. Feel free to contact my office if you're inquiring about legal representation.

By: Betty Caudill

Betty Caudill — Sun, 27 Aug 2017 20:51:03 +0000

My son was charged with child molestation and then took a plea deal of a Class D Felony simple battery. He is already done with his probation. Could he file a petition to modify his class D felony to a class a misdemeanor?

By: Jake

Jake — Thu, 08 Jun 2017 11:00:09 +0000

In reply to Summer. They do have Swift and Speedy Trial here in Indiana

By: Summer

Summer — Fri, 16 Sep 2016 05:59:08 +0000

Can a person in Indiana be prosecuted on a level 6 domestic violence case that he’s never been arrested for and has been dragging through the court system for nearly 2yrs now? He is already a felon and is getting the short end of the stick here, not to mention this is not the 1st time his ex has made a false complaint against him which she just did again 3wks ago. Does Indiana carry the right to a speedy trial, etc?

By: Tricia

Tricia — Mon, 01 Aug 2016 23:58:34 +0000

What can happen if the spouse was lien about the abuse for the second time?

By: Fawntay

Fawntay — Tue, 19 Jul 2016 15:52:34 +0000

What if it is not a domestic violence case against the spouse,the husband got into trouble for something else can the wife be made to testify??

By: Wilma

Wilma — Sun, 19 Apr 2015 23:18:00 +0000

Is there a ‘cooling off’ period when one is arrested for domestic battery ? Can they bond immediately? Or wait until a judge is seen ?

By: TJ

TJ — Mon, 19 Apr 2010 00:52:44 +0000

The domestic abuse,battery, vilonce laws in Indiana are the worst I have ever seen. Prime ex: My sister was beaten to a plup on saturday and they let the a—— out bail on sunday. What are they thinking, the best part the countyand town cops says he drink all he wants tonite because he has not formally been charged. So with both PIGS standing there I informed them if my sister dies tonite because he was threathing her still I will SUE THEIR ASS OFF AND YOU CAN COUNT ON THAT!!!!!

INDIANA SUCKS FOR THE LAWS WHERE IS YOUR GOVERMENT !!