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Indiana Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: I would like to get my felony record expunged. It's from 20 years ago in AR. It was a class b and 2 class c.

Everything I've seen online is leading me to believe that I can't have a class b expunged. I'm just trying to Get my rights back.

James A Hanson
James A Hanson
answered on Feb 1, 2023

You will need to find an Arkansas attorney to advise you on how (and if) you can expunge your criminal record in that state.

Criminal convictions are specific to the state where they are entered. Expungements are, likewise, specific to the state of the convictions.

1 Answer | Asked in Medical Malpractice for Indiana on
Q: Where can I find information on malpractice lawsuits?

I was referred to a surgeon and have learned through a family member at another hospital that this surgeon has had past lawsuits against her. I have looked at the courts on-line but they don't seem to list malpractice cases.

Joel Gary Selik
Joel Gary Selik
answered on Jan 31, 2023

Many states have medical boards where you can search a doctors discipline history. Additionally, many courts have online listen cases were you can search buy a doctors name.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Indiana on
Q: Indiana on the affidavit for arrest if the police say they advised us of our Miranda rights , but never did.

On top of saying I made a statement and never did. With no bodycams on a knock & announce search warrant. What are my options

James A Hanson
James A Hanson
answered on Jan 30, 2023

Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.

The vast majority of warrants are "knock and...
Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: Why do Attorneys on this "FREE LEGAL HELP FORUM " website tell us "Not to talk about the details "

Don't talk about the details of our case? In my situation after 3 yrs and 2 attorneys and NEVER HAVE MY QUESTIONS BEEN ANSWERED!! NOT EVEN HERE!! My questions are basically about procedures in a criminal case in ELKHART INDIANA. HOME OF THE WOLVERINES!! #1 in wrongful convictions &... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: indiana rules When executing a knock and announce search warrant are bodycams excluded? Why?

The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why

James A Hanson
James A Hanson
answered on Jan 30, 2023

First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.

Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same...
Read more »

1 Answer | Asked in Copyright for Indiana on
Q: Can I sell my aviation and automotive photographs?

As a photographer can I, for example, sell my photograph of a Ford Mustang, and describe it in my listing as a "photograph of a Ford Mustang", without Ford’s written permission?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 30, 2023

Yes, of course you can. Using a trademark in the description of the photograph is "nominative fair use" of the mark, and not an infringement.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Indiana on
Q: What can I do if the judge and refused to let my husband show innocence and refused to let him speak at all in court

My husband was charged with a crime and the judge and prosecutor refused to let him show any proof of innocence at all and never once let him speak in court?? He got sentenced to 5 years and he has all the proof including a polygraph test given to him by a private investigator and 11 witness... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.

There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if...
Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Is it typical to do a rape kit on a person struck and killed by a car?
James A Hanson
James A Hanson
answered on Jan 30, 2023

Every criminal investigation is unique because the facts and circumstances of each case are different.

Is it TYPICAL for law enforcement to do a rape kit in this situation... No. Are there circumstances in this specific case that may have prompted them to do a rape kit.....Maybe....
Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can you be charged with theft if the person received their items back?

I was at work as a CNA I was told to take care of this one patient in particular because her daughter comes in complaining all the time where as another patient needed more care so I took care of the patient with the complaints and did the rest of my patients at some point I had to pick up a phone... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

All the State needs to file charges is probable cause that at a particular moment in time you took the phone with the conscious intent of depriving the rightful owner of its use or value. A classic example is someone who gets caught at the door shoplifting. Even though all the items are recovered... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Indiana on
Q: Car insurance is not paying out for the accident. What ca be done?

My daughter's car was hit from behind on December 16 2022. Insurance company has made no movement on paying out the car. Her car has been in impound. She has been paying ride shares and walking to work. What can she do? Does the insurance have time requirement to resolve the issue?

Tim Akpinar
Tim Akpinar
answered on Jan 28, 2023

An Illinois attorney could advise best, but your question remains open for two weeks. Some of your primary options include attempting negotiation with the carrier, filing suit in small claims court or civil court, or arranging a consult with an attorney to discuss them filing suit or continuing... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: what gonna happen in the court for my son for Unlawful Possession of Tobacco, e-Liquid or an Electronic Cigarette

My son is 18 years

James A Hanson
James A Hanson
answered on Jan 26, 2023

If your son was ticketed under I.C. 35-46-1-10.5 for Purchase, acceptance, or possession of tobacco, an e-liquid, or an electronic cigarette by a minor, then it is an infraction and not a criminal offense.

An infraction is punishable only by a fine, much like a standard traffic ticket....
Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: What does it mean if they say probable cause affidavit for arrest warrant?

Does this mean they will come to your house?

James A Hanson
James A Hanson
answered on Jan 26, 2023

In order to get a warrant, law enforcement must show the judge some evidence that demonstrates probable cause that evidence of criminal activity is present at a certain place or that a certain person committed a certain crime and should be arrested. The Probable Cause Affidavit is a sworn statement... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I was charged with a level 6 felony in Indiana. My warrant was recalled. What are my chances of going to jail at the

Initial hearing

James A Hanson
James A Hanson
answered on Jan 26, 2023

For a Level 6 felony, you will need to be formally booked at the jail. If the warrant was withdrawn and bail is OR or set at a fixed amount, then you will likely need to submit to fingerprinting and booking at the jail after which you will either be released on the OR bond or allowed to post the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a warrant be issued in Indiana for a cause that has been disposed.?
James A Hanson
James A Hanson
answered on Jan 26, 2023

Your question is a bit confusing.

A warrant can be issued in a unique cause number prior to any charges being filed. This is done quite often and usually the unique cause is sealed until after the warrant is served.

A warrant can be issued as part of the initial filing of a felony...
Read more »

1 Answer | Asked in Employment Law, Criminal Law and Health Care Law for Indiana on
Q: If a licensed therapist who owns the practice is arrested, what legal/employment implications are there for employees?

The owner of the company I work for has not been an active employee for over a year and may or may not still be a part-owner of the company itself. The current management is keeping things pretty close to the vest. The individual was arrested for drug-related charges and I am wondering what legal... Read more »

James A Hanson
James A Hanson
answered on Jan 26, 2023

In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: In indiana can a prosecutor file a habitual offender on someone well after their omnibus date has passed?
James A Hanson
James A Hanson
answered on Jan 26, 2023

As long as the habitual enhancement applies to the case, there is no statute or other law the requires the State to file that enhancement before the omnibus date. Prosecutors routinely hold back on the habitual filing at first as a bargaining chip during plea negotiations.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: I need a civil rights lawyer in Indiana to help with violation of civil rights and human rights being violated

Husband has many of his rights being violated including;

#2- freedom from discrimination

#3- right to life and safety

#5- freedom from torture and inhumane treatment-- not even anything but one little blanket during the Sub-Zero degrees no heat and there was snow on his bed.... Read more »

James A Hanson
James A Hanson
answered on Jan 26, 2023

There doesn't appear to be question posed, but the issues you are raising are issues that need to be discussed with an attorney actually handling the case.

If you husband has an attorney (retained or appointed) these are issues that need to be discussed with that attorney.

1 Answer | Asked in Collections for Indiana on
Q: agree on payment contract for an certain amount say 150.00 monthly and if i happen to not have 150 they dont accept 75

plus keep adding 35 late fee and addtional interest

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 21, 2023

Yes. The minimum is $150.00. It is NOT anything less, regardless of the reason.

1 Answer | Asked in Criminal Law for Indiana on
Q: Vehicle was searched nothing was found took boyfriend to jail searched again and found a handguns that allowed

My boyfriend was pulled over and arrested for a warrant they searched the vehicle while he was there they found nothing took him to jail search the vehicle again before I arrived and found a handgun now he's being charged with unlawful possession of a firearm by serious violent convicted felon

James A Hanson
James A Hanson
answered on Jan 20, 2023

If there was a valid warrant for your boyfriend's arrest, the officers are allowed to do a search incident to arrest within certain limits. Also, if the vehicle was going to be impounded, they are allowed to do an inventory search. There are many nuances and details associated with search and... Read more »

1 Answer | Asked in Civil Litigation and Personal Injury for Indiana on
Q: Being exposed to asbestos in a public area; is this grounds for a lawsuit? Or does hospitalization need to arise?

Hazardous Material was easily accessible; even to children, Mental distress/ Aggravation/ negligence. This is well known to cause cancer and other bodily harm and has been well known for quite an extensive period of time. This is a public area where tens of thousands of people are known to interact... Read more »

Charles Candiano
Charles Candiano
answered on Jan 19, 2023

You listed this question under personal injury. Please specifically state the nature of the injury that you sustained. If you are saying that you were exposed to asbestos but were unharmed, you have no cause of action as you were not "injured." There are no health risks associated with... Read more »

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