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Indiana Questions & Answers
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...
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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.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Is there such thing as Indigent papers I can fill out so I can get two suspensions removed off my driver's license

I am trying to go back to work but I have to have my driver's license to be able to get to and from work because I have no friends or family that will take me to and from work everyday I got a speeding ticket in Georgia and a month after I got it me and my ex-wife was going through a divorce... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Oct 14, 2021

If you are wanting the suspensions removed, it will depend on a successful argument in front of the judge after filing the appropriate motion. If you are wanting reinstatement fees waived because of indigency, you can go ti IN.GOV and click on the link to the BMV to find forms for the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: owi involving drugs. How does law enforcement or prosecutor define intoxicated when the substance is drugs not alcoho
Andrew L. Bennett
Andrew L. Bennett answered on Oct 11, 2021

Intoxicated is not a number, its a state of being. Intoxicated is under the influence of drugs or alcohol or both to where a person's mental and physical abilities are impaired to where there is a loss of normal control of a person’s faculties. If you have a blood or breath alcohol score... Read more »

1 Answer | Asked in Social Security for Indiana on
Q: I applied for social security disability due to medical issues.

I got denied so I did the appeal,and still got denied. Nothing has gotten better or changed. I really help

Susan Michele Schaefer
Susan Michele Schaefer answered on Oct 9, 2021

It is not uncommon to be denied Social Security disability at the initial and reconsideration levels. Continue to appeal your claim. You will be able to provide testimony to an Administrative Law Judge at the third level of appeal. Meanwhile, it is important that you have all of your medical... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: Need advice on insurance company trying to claim our statute of limitations ended in Indiana over an accident.

Their client was at fault, been trying to get a reasonable settlement outside of medical liens, and Selective insurance is now trying to say they don't owe us anything because we couldn't come to an agreement on what was a fair amount to resolve the issue.

Charles Candiano
Charles Candiano answered on Oct 9, 2021

If your accident occurred on or before 10-08-19 and you did NOT file suit on or before 10-08-21, the Statute of Limitations HAS run and you have no right to recover anything. This is yet another reason why you should have hired an experienced personal injury attorney. If the attorney missed the... Read more »

1 Answer | Asked in Employment Law, Contracts and Workers' Compensation for Indiana on
Q: Can a place of employment make you sign another offer letter after they got the pay rate wrong on the first?

A company I work for is being bought/transitioned to a new company. Employees are being encouraged to transition over as well, with better pay rates. They have sent out employment offer letters to each employee to sign detailing their individualized pay rates. I received my first one and signed it... Read more »

Charles Candiano
Charles Candiano answered on Oct 7, 2021

This is question of Contract Law. Workers' Compensation deals exclusively with work-related injuries. If you were offered $16.30 per hour and you accepted that rate of pay, the must pay you $16.30 for all hours worked from the date you accepted the offer to the date that they changed their... Read more »

1 Answer | Asked in Insurance Bad Faith, Personal Injury and Products Liability for Indiana on
Q: Why would an insurance company offer to "resolve" the claim with payment after the claim was denied?

I am the third party in a product liability insurance claim. My claim was denied and I appealed the decision and it was denied again but have continued contact with the claims adjuster. Yesterday, the adjuster called me wanting to "resolve" the claim by offering payment for... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 6, 2021

An Indiana attorney could advise best, but your question remains open for a week. It's really anyone's guess why they want to resolve the claim all of a sudden. One possibility is that the claims adjuster needed additional information to evaluate the claim. And speaking with their insured... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If we both got charged but everything was mine in the car and I wrote a statement would there's be dropped
Andrew L. Bennett
Andrew L. Bennett answered on Oct 5, 2021

To answer your question even with the letter whether the case is dismissed against the others will depend on the evidence and the prosecutor's discretion. Everyone should have an attorney and not try to resolve this on your own.

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