Legal Question in Criminal Law in Indiana

Follow up to previous question. A friend of mine was turned in by ex-boyfriend for meth use 4 months ago. Kids were involved so they were taken from her but temporarily given to her folks. At that time, friend went before judge. She entered a rehab program through Narcotics Anonymous and has been tested 3 times a week since then. Has been clean every time. They've gone to several court appointments and have gotten to point where kids can have supervised visits with their mom. At one of the hearings, the judge stated she would not be arrested. Suddenly last week, she was arrested. We are confused as to why or if that can be done? Was the judge's word not good enough? Do they have any recourse besides letting the system work its way through?


Asked on 9/22/10, 6:11 am

1 Answer from Attorneys

You have two different situations. One is civil, the other is criminal. Additionally, a judge has no say in who is arrested for a crime. You may recall from civics class that there are three separate branches of government, judicial, legistlative and executive. The decision to make an arrest or seek an arrest is executive in nature. A judge does not come into play until after an arrest. The judge lacked authority to state that no arrest would happen.

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Answered on 10/12/10, 7:21 pm


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