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  1. #1
    Join Date
    Aug 2005
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    Indiana
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    2

    Default Theft charges in Indiana

    frist I would like to know what the statue of limation is for indiana, Second like would like to know if you can be arrested if you use your right to remain silent if youasked to take a voice stress test.thanks

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: theft in indiana

    Quote Quoting ta66sa69
    frist I would like to know what the statue of limation is for indiana,
    Indiana's criminal statute of limitations provides:
    Quote Quoting Indiana Code 35-41-4-2 - Periods of limitation
    Sec. 2. (a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:
    (1) within five (5) years after the commission of the offense, in the case of a Class B, Class C, or Class D felony; or
    (2) within two (2) years after the commission of the offense, in the case of a misdemeanor.

    (b) A prosecution for a Class B or Class C felony that would otherwise be barred under this section may be commenced within one (1) year after the earlier of the date on which the state:
    (1) first discovers the identity of the offender with DNA (deoxyribonucleic acid) evidence; or
    (2) could have discovered the identity of the offender with DNA (deoxyribonucleic acid) evidence by the exercise of due diligence.
    However, for a Class B or Class C felony in which the state first discovered the identity of an offender with DNA (deoxyribonucleic acid) evidence after the time otherwise allowed for prosecution and before July 1, 2001, the one (1) year period provided in this subsection is extended to July 1, 2002.

    (c) A prosecution for a Class A felony may be commenced at any time.

    (d) A prosecution for murder may be commenced:
    (1) at any time; and
    (2) regardless of the amount of time that passes between:
    (A) the date a person allegedly commits the elements of murder; and
    (B) the date the alleged victim of the murder dies.

    (e) A prosecution for the following offenses is barred unless commenced before the date that the alleged victim of the offense reaches thirty-one (31) years of age:
    (1) IC 35-42-4-3(a) (Child molesting).
    (2) IC 35-42-4-5 (Vicarious sexual gratification).
    (3) IC 35-42-4-6 (Child solicitation).
    (4) IC 35-42-4-7 (Child seduction).
    (5) IC 35-46-1-3 (Incest).

    (f) A prosecution for forgery of an instrument for payment of money, or for the uttering of a forged instrument, under IC 35-43-5-2, is barred unless it is commenced within five (5) years after the maturity of the instrument.

    (g) If a complaint, indictment, or information is dismissed because of an error, defect, insufficiency, or irregularity, a new prosecution may be commenced within ninety (90) days after the dismissal even if the period of limitation has expired at the time of dismissal, or will expire within ninety (90) days after the dismissal.

    (h) The period within which a prosecution must be commenced does not include any period in which:
    (1) the accused person is not usually and publicly resident in Indiana or so conceals himself that process cannot be served on him;
    (2) the accused person conceals evidence of the offense, and evidence sufficient to charge him with that offense is unknown to the prosecuting authority and could not have been discovered by that authority by exercise of due diligence; or
    (3) the accused person is a person elected or appointed to office under statute or constitution, if the offense charged is theft or conversion of public funds or bribery while in public office.

    (i) For purposes of tolling the period of limitation only, a prosecution is considered commenced on the earliest of these dates:
    (1) The date of filing of an indictment, information, or complaint before a court having jurisdiction.
    (2) The date of issuance of a valid arrest warrant.
    (3) The date of arrest of the accused person by a law enforcement officer without a warrant, if the officer has authority to make the arrest.

    (j) A prosecution is considered timely commenced for any offense to which the defendant enters a plea of guilty, notwithstanding that the period of limitation has expired.
    Quote Quoting ta66sa69
    Second like would like to know if you can be arrested if you use your right to remain silent if youasked to take a voice stress test.thanks
    Yes. One has nothing to do with the other. They can arrest you if you pass a polygraph or voice stress test, and Miranda deals only with interrogation of suspects who are in police custody.

  3. #3
    Join Date
    Aug 2005
    Location
    Indiana
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    2

    Default theft in indiana

    I was asked to come in and take voice stress test. I took the advice of many lawyers and told them I had nothing to say without a lawyer present and ask if they were going to arrest me or if I was free to go. I was told I was free to go, but as I was walking out the door, he said he would see me again in a couple days because he was going to issue a warrant for my arrest. If he has enough probable cause to get a warrant, wouldn't he have went ahead and arrested me while I was there? I asked what he had to go on and he said he felt that I did it. Can a warrent be issued on the fact that I am being charged for an unrelated crime in another county and he has the feeling I did it? Also, if he has enough probable cause, wouldn't he have just arrested me at that time instead of issuing a warrant? Do I have to now sit around a wonder if/when they could be coming to arrest me?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: theft in indiana

    Quote Quoting ta66sa69
    Also, if he has enough probable cause, wouldn't he have just arrested me at that time instead of issuing a warrant?
    Not necessarily. He is probably completing the police report for submission to the prosecutor, who will make the actual decision as to whether to proceed with charges.

    Quote Quoting ta66sa69
    Do I have to now sit around a wonder if/when they could be coming to arrest me?
    You can hire a criminal defense lawyer, who can speak to whichever prosecutor is reviewing the police report.

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