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Indiana Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: I live in indiana and was granted sole custody of my girls. My daughter turned 18 in August and had a baby the day befor

My ex husband was abusive and is racist. My daughters baby is mixed. 3 weeks ago she stormed out of my house with the baby because I said her boyfriend had to leave. What can I do to protect the baby or stop my daughter from taking him to Alabama. My ex husba beat me and my kids and my grandson... Read more »

Troy Tyson
Troy Tyson answered on Dec 6, 2021

By default, your daughter, as the parent of a child born out-of-wedlock, has sole legal custody of the child and may make decisions on the child's behalf. However, if you feel the child is truly in danger and/or have evidence of the same, you can contact CPS to request an investigation, and... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Collections for Indiana on
Q: If my ticket goes to collection will I be issued a bench warrant?Or a warrant period?I dont have the$ and it's due 4days

I was in a car accident that was deemed not my fault. But because my insurance had relapsed the month prior ( I was working food delivery to keep in income when the accident happened) I havent had the money to pay it. Its 12/2 and it's due by 12/6. Should I just go to the traffic court before... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 3, 2021

If your case is an infraction and you do not pay by the deadline the court should not issue a warrant, though I have seen it done. However, your license would most likely be suspended. You should file a motion with the court requesting more time to pay and state your financial issues with paying... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: How do I report Grinch /Dr. Suess themed photo shoots for infringing?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2021

Look up the manager of the rights.

1 Answer | Asked in Criminal Law and Sexual Harassment for Indiana on
Q: What does granting in part and denying in part defendant's motion for summary judgment; granting in part mean?
Dan Moseley
Dan Moseley answered on Nov 21, 2021

In court, a "motion" is a request by one of the parties that the court make some order or orders. Here, some or the party's requests were granted by the court, others were not.

1 Answer | Asked in Personal Injury for Indiana on
Q: If you sign a legal document , and get a copy of it but there is new stuff on it I didnt agree to? Is it null and void?

It was a settlement agreement, When I got hit by a car in the crosswalk. The lawyer changed how the money is being split up. I did not agree to pay any of my doctor visits.

Charles Candiano
Charles Candiano answered on Nov 11, 2021

Talk to your attorney. If a medical provider sends a lien to your attorney, the attorney CANNOT make any distribution until the attorney strikes some agreement with the lienholders or YOUR ATTORNEY would be personally liable for the amount of the lien.

When an attorney conveys a settlement...
Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: My license for double suspended just before my reinstatement payment how can I fix this?

My license was original suspended for a no insurance accident. And I was eligible to pay a reinstatement after six months. Before I paid my reinstatement my license was suspended again for a traffic stop for speeding. It was a he say she say situation. I admitted to the fine because the prosecutors... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 10, 2021

It may be possible to set aside the judgment. However, if you are suspended for a proof of insurance violation, even setting aside the judgment may not remove the suspension. You may be eligible for specialized driving privileges if you can not clean up the suspensions.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Can I do the pretrial deferral for a speeding ticket with a “operating while visually impaired” charge from 2018?

I got a speeding ticket for 12 over the limit 10/29/21. The officer told me (and I got a letter in the mail) that I could do a deferral and get the ticket off my record if I don’t get another ticket in a year. I got an “operating while visually impaired” charge in august 2018 in Michigan,... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 10, 2021

Review the letter in more detail to see if there is an exclusion, my guess is there is not. It should also give you a phone number to the prosecutor's office to call and get more clarification.

1 Answer | Asked in Criminal Law for Indiana on
Q: What would my punishment be on a class B misdemeanor possession of marjiauna less then 2 grams.
Andrew L. Bennett
Andrew L. Bennett answered on Nov 10, 2021

A Class B Misdemeanor has a penalty range from 0-180 days in jail and $0-1000.00 fine. WIthout knowing the specifics of your case, it is impossible to say what will happen in court. A lot will depend on if you hire an attorney or just go in and plead guilty. It may be possible to keep a... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: I thought I got assaulted but it was an accident come to find out. Can I drop charges?

I have severe ptsd (I have documents from my doctor to prove this) from a previous abusive relationship. I was half asleep when it happened. It was dark. And my back was turned. I panicked and went into a panic attack and called 911. He even said "I didn't see you there I'm sorry why... Read more »

Charles Candiano
Charles Candiano answered on Nov 8, 2021

There is a BIG difference between honestly reporting an assault in error and perjuring yourself to stay in an abusive relationship where the police are used as pawns. Tell them, honestly, how you must testify.

Please understand that Prosecutors and police waste way too much time on...
Read more »

2 Answers | Asked in Insurance Bad Faith for Indiana on
Q: the insurance company are under legal obligation to resolve any dispute within a reasonable amount of time.

If an insurance company can't resolve the claims for 2 years - is any legal (practical) consequences for insurance company? Could my underage daughter request and to know her rights under insurance policy? Is IN Department of Insurance based on IN title 27 could consider this as violation... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 7, 2021

An Indiana attorney could advise best, but your post remains open for two weeks. Your post requires more than a quick general response. I recommend that you consider reaching out to an Indiana attorney without further delay to discuss in detail as to what your daughter's options are. Most... Read more »

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1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Personal Injury and Contracts for Indiana on
Q: having persistent issue of sewers backing up into home for over 5 years in a row, i own the unit , an rent the land
Charles Candiano
Charles Candiano answered on Nov 7, 2021

I assume you do not want a plumber so you really need to ask a legal question, though it seems apparent you need to have check-valves installed to prevent back-up.

1 Answer | Asked in Criminal Law for Indiana on
Q: How can I find a "Petition for rescission of lifetime suspension" form (Indiana) online to print out or a sample letter?

I have searched online but am not sure of a document number for said petition. I am filing pro se to a small county & the clerk had said that even a hand written letter to the judge would suffice as it has been well over 10 yrs. since suspension took effect so even a sample letter would be helpful.

Andrew L. Bennett
Andrew L. Bennett answered on Nov 5, 2021

There is no form per se, rather look at the statute to make sure you cover all that is required to be alleged in the petition. It would be advisable to put a caption on the top and a title to the petition.

1 Answer | Asked in Employment Law for Indiana on
Q: I submitted notice, my manager accepted my resignation said today is my last day, 6 hours later changed their mind…

During our conversation my manager said it is in the best interest of the business for today to be my last day however I’m still eligible for rehire because I attempted to give notice. They then directed me to clock out and await further instructions regarding my separation. About six hours... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Nov 2, 2021

Assuming you're not subject to an employment contract with a separation term that says otherwise, you can quit at any time and for any reason, with or without notice. You cannot be compelled to work during the next two weeks - however, your employer is only obligated to pay you for the time... Read more »

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Products Liability for Indiana on
Q: How to find an attorney for malpractice tort?

I filed a complaint with attorney general's office Indiana about sub standard treatment. Which resulted in harming me more. Consequently, the outpatient clinic retaliated. Their actions didn't just exclude being treated by their facility, it effectively denied me treatment at any... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 1, 2021

Only an Indiana attorney could advise here because statutes of limitations for med mal and other actions are governed by state law, but your question remains open for a week. You may want to consider reaching out to a local attorney to discuss in detail, and examine the legal theories on which you... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Expungement Eligibility and Process

Hello, I am an international student in the US on F1 Visa. 6 months back, I was simultaneously charged(NOT convicted) with 2 class C misdemeanors(1. Reckless Driving 2. Driving without ever receiving a license) in Newton County in Indiana state for the first time in my life. These have recently... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 1, 2021

Since the case has been dismissed you are soon to be eligible for an expungement, however, you have to wait one year from the offense/charge date to file the expungement. The one exception to this would be the prosecutor would have to agree in writing to an earlier expungement. After you have the... Read more »

2 Answers | Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Indiana on
Q: If property sold to me has a shed with a lien on it and property sold as is, is the shed mine?

Co owner financed shed, filed chapter 7, property sold to me as is by trustee. Can co owner now remove said shed? Shed was exempted under bankruptcy as part of this property. Co owner being evicted and wants shed. I've paid all taxes for shed and it is listed as part of this property sold... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 31, 2021

When an improvement (e.g., that shed, or a house built on the property) is made to real property, it often becomes part of the real estate, i.e., a "fixture". When that happens, a conveyance of the property normally includes fixtures.

Your state's laws determine what might...
Read more »

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1 Answer | Asked in Business Law for Indiana on
Q: I wanna get a degree in corporate law but I don’t know what steps to take to achieve could you help?

I’m a freshman in high school

Michael  Mayoral
Michael Mayoral answered on Oct 29, 2021

A degree in law is known as a JD degree (Juris Doctor degree). In order to get a JD degree, you need to go to law school. First, you need to complete a bachelors degree, which can be in just about any area of study. Common areas of study are philosophy, political science, economics, history,... Read more »

1 Answer | Asked in Criminal Law, Banking, Federal Crimes and White Collar Crime for Indiana on
Q: Does the owner of a deposit accepting ATM machine own the cash inside as well?

Scenario: I have my own personal deposit-accepting atm machine that only I use, no one else. I make a deposit of $100 into my checking account using a $100 bill. I then physically open the ATM machine and take out that $100 bill that was just inserted (but my checking account balance remains the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 27, 2021

If I were you I would have a banking lawyer on retainer, to help you when the going gets really tough.

1 Answer | Asked in Car Accidents for Indiana on
Q: If you have uninsured motorist pd coverage, will it cover damages to your vehicle if is a hit and run accident

The other driver cannot be found or identified, this is in Indiana

Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 26, 2021

Possibly, but you need to review the provisions and language of your policy-----often times, a requirement would be that there is an independent witness to the accident in order to invoke UM coverage. Good luck.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a person that has been kicked out of a home give cop permission to search said home
Andrew L. Bennett
Andrew L. Bennett answered on Oct 25, 2021

If a person has been kicked out of the home, it creates the impression the person does not have ownership in the home or any contractual interest in the home. If there is no ownership or contractual interest, it is questionable how the person could give officers permission to search.

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