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Indiana Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: If they didn't catch me in the car how can they charge me with auto theft

They are going off what some body said but I never was in the vehicle

James A Hanson
James A Hanson
answered on May 25, 2022

Like many questions posted in this and other web forums, this question is one best discussed privately with an attorney where the conversation is privileged.

With that said, all the government is required to do is present sufficient evidence to firmly convince the jury of all the elements...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Indiana on
Q: Workplace mental health issue

I have a question: I was working at a local small government entity as a director. The outgoing director and I formed a strong friendship that ended with a emotionally charged discussion between us before they left. In the course of this discussion, the person said, “I hope you don’t hang... Read more »

Charles Candiano
Charles Candiano
answered on May 24, 2022

At the time of the comment, you are both acting in your official capacity so Worker's Compensation would be your sole remedy. That said, Indiana's Worker's Compensation law does not recognize psychological injury so I honestly do not see any viable cause of action. I would urge you... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Communications Law and Environmental for Indiana on
Q: How do I stop voice 2 skull
Charles Candiano
Charles Candiano
answered on May 24, 2022

This is NOT a legal question but a technical one. You need to identify the mechanism of transmission before any legal remedy is possible.

1 Answer | Asked in Traffic Tickets and Criminal Law for Indiana on
Q: What if any reason would a person keep getting tickets instead of going to jail if they were driving while suspended ?

In Indiana

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on May 24, 2022

It depends on the person's status with the BMV. IF they are suspended-infraction, then they will continue to get tickets and not criminally charged. Though, if they plead to one of the DWS tickets, the status will change to DWS-prior and the person could be arrested and criminally charged.

1 Answer | Asked in Employment Law and Personal Injury for Indiana on
Q: I was assulted and injuried by my manager at work what can i do.
Jason Reese
PREMIUM
Jason Reese
answered on May 23, 2022

You should consult an employment attorney right away regarding your rights under Indiana law. You may have claims against your employer and/or a worker's compensation claim for the injuries you sustained.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can a probation officer use an illegal search and Seizure Report in a psi and you be sentenced on it?

Ok let me add to this then so I can get a little more clarification. An illegal search and Seizure being detailed into a psi is not a violation of my 4th amendment right? Also bc I had marijuana on me in CA and it's legal and being in Indiana it is illegal this evidence enhanced my sentencing... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

During the sentencing phase of a case, the legal standard for the admission of evidence no longer follows the Rules of Evidence. Rather, the evidence only needs to have "sufficient indicia of reliability" which is a pretty low bar.

Hearsay, and even double-hearsay, is allowed....
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1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: How can someone be arrested for possession of narcotic and possession of meth f6 off one bag?

Bag was under 1g of powder and field test lightly as cocaine according to cops found in my mother's jeep after it was stolen and recovered but nothing ever searched in it so I drove it cause she let me and then cops find drugs in it. 2 f6 charges pending now

James A Hanson
James A Hanson
answered on May 22, 2022

You need to stay off of these websites and speak only with your attorney about these charges. From what you posted, there may be a defense in your case, but you could ruin your entire case by sharing details of your case publicly.

Talk with your attorney about the charges privately and work...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Indiana on
Q: I got a ticket for fictitious tags but the ticket states its a civil complaint&summons does that mean i have misdemeanor
James A Hanson
James A Hanson
answered on May 22, 2022

It sounds like you were cited with an Infraction.

Infractions (e.g. speeding tickets, parking tickets, etc.) are civil court matters involving the violation of a statutory rule or local ordinance. Infractions do not result in a criminal record.

If you had been charged with a...
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1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Can a probation officer release you early from probation, if you all your Fines and everything is completed?

Community service, fines, classes all finished. Low ranking to reoffend

James A Hanson
James A Hanson
answered on May 22, 2022

Technically, no.

Your probation officer is simply supervising your probation. The only entity that can release you from probation early is the Court that sentenced you.

You can discuss an early release with your probation officer. If your probation officer recommends early release...
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1 Answer | Asked in Family Law and Adoption for Indiana on
Q: My issue today is I just received legal papers requesting my permission for my daughter's father & wife to adopt my gra

I currently live in Texas and have been helping my daughter with her (currently 4yo) son since he was born, even though she lived in Oklahoma. I even kept her son in Texas for 6 months while she got on her feet. After the 6 months, she took her son to Indiana where she had her father & other... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

Your situation is complex and requires the dedicated attention of an experienced attorney.

You can be assured, however, that adoption is serious process with constitutional implications. Your daughter will have to be notified of any adoption proceedings and will have to be provided an...
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1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: How do I file a motion to consolidate my custody hearing for two children on two separate houses?

Both parent are attending eachother hearing in cahoots to alienate me from my child with various accusations. I would like to consolidate the cases so that I do not have to go from court to court, and can go to the same hearing and court for both children

James A Hanson
James A Hanson
answered on May 22, 2022

There are rules of procedure that make this theoretically possible, but it is not at all common in practice.

Your best bet would be to hire an experienced attorney who can put together a compelling argument for why the Court should at least consolidate the evidentiary hearings for the two...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Does suspended parenting time mean NO CONTACT?

My parenting time has been suspended pending a hair follicle test being submitted to the court and my ex-husband in Indiana.. does that mean NO CONTACT? He won't let me speak to them by phone and has even changed my son's play station account password and email so I can't send vbucks.

James A Hanson
James A Hanson
answered on May 22, 2022

It is impossible to answer your question specifically with the information provided. Also, it would not be appropriate to provide more detail in this venue.

I would presume from what you have shared that the Court simply suspended in-person parenting time. You should read the actual order...
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1 Answer | Asked in Family Law for Indiana on
Q: I live in Indiana and my ex is keeping my children from me. She said her Attorney told her to do this, no court order

My ex (never married) is keeping the kids from me, she told me and an officer that an attorney advised her to keep the children from me until visitation is put into place. I have signed the paternity affidavit for both my children and for my son we signed a form with the health department agreeing... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

Your situation is exactly why you need to get an actual parenting time order from an appropriate court.

In Indiana, a Juvenile Paternity (JP) case will legally identify you as the father of each child and will establish the parameters of both Custody and Support.

The fact that you...
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1 Answer | Asked in Estate Planning and Family Law for Indiana on
Q: My 89 year old father wants to get married to his 77 year old girlfriend who he has been dating for a year.

He now wants to include her in the will. He wants to make all the decisions on this and will not let his adult children help make this decision. He has some dementia, gets confused easily and should probably be in a nursing home. As of right now he had a will made out 7 years ago with me being the... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

Up front, it is important to remember that your father's property belongs to your father. He can give it to whomever he wants at any time.

With that said, the situation you describe does raise some red flags.

First, there is the issue of your father's capacity to make...
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1 Answer | Asked in Traffic Tickets and Criminal Law for Indiana on
Q: I was never notified that I was a habitual traffic offender my traffic offense was in 2009 how can they charge me forit

My last conviction in2009 my license was suspended for two years

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on May 21, 2022

There is not enough information to answer your question accurately. If you have a myBMV account, print off a copy of your driving record and schedule an appointment with a criminal defense attorney who can look at your record to determine what can be done. Depending on the circumstances the HTV... Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: I got my first owi in porter county indiana, i was alone. Im a mom though. Will social services try to take my kids?

My BAC was above .15 . Went the wrong way down a one way, did not crash or hurt anyone.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on May 21, 2022

If your children were not in vehicle with you, then DCS should not be involved.

1 Answer | Asked in Workers' Compensation for Indiana on
Q: What is the legal consequence when workers compensation fails to provide necessary medical care in IN?

Going on two years post ORIF. Failed to provide treatment for post op DVT (basically left me for dead), failed to provide any care for my related nerve damage or problematic hardware. Finally got them to send me to a new specialist who agrees there are all kinds of problems and ordered mri and emg.... Read more »

Charles Candiano
Charles Candiano
answered on May 19, 2022

Shame on you! You are a healthcare professional. There is no reason why you could not have worked with Worker's Compensation to coordinate any needed care. Indiana's Worker's Compensation board is not set up as a traditional, adversarial system. In Indiana, the employer has... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: My boss is asking me to do things I'm not comfortable with.

I am an accountant for a small multi-state business. Recently my boss has asked to to start also doing his personal accounting while not being compensated for it. The other day he also had me come to his house to fix his computer and then had me change his bandage and dressing from a recent hurnea... Read more »

Grant E Helms
Grant E Helms
answered on May 16, 2022

Although isolated incidents of an employer's request to perform extraneous tasks unrelated to your position probably do not rise to the level of sexual harassment or hostile work environment, but if the tasks develop into a pattern with obvious sexual overtones that make you uncomfortable, the... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: Is this considered discrimination?

I was recently terminated from a job because of absences that exceeded their policy. However, when I got the job, I gave them documentation from my doctor proving that I have a disability and that my disability will cause more absences than the average healthy person due to medical complications or... Read more »

Grant E Helms
Grant E Helms
answered on May 16, 2022

Based on the information you provided, your employer probably did violate the ADA by terminating you in retaliation for requesting a reasonable accommodation of your disability or, alternatively, by discriminating against you on the basis of disability despite your use of the interactive process in... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: If I am living with a roommate while on house arrest and they come do a search can they room get searched as well

what all areas are they allowed to search with and without a search warrant while i am on house arrest

Grant E Helms
Grant E Helms
answered on May 16, 2022

The documentation you signed when you started house arrest will outline the parameters of your monitoring situation and what the monitoring authority and law enforcement is authorized to do. It's not clear if you're a pre-trial detainee on house arrest or a defendant on house arrest doing... Read more »

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