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Questions Answered by James A Hanson
1 Answer | Asked in Criminal Law for Indiana on
Q: What form do you file when judge takes away surved time and awarded time for programs surved days after sentencing

No sentence modification was filed for defendant or by state, 118 actual surved day and 180 awarded for rehabilitation programs in jail completed how do we get it back or reverse the modification after sentencing. The judge originally gave correct actually days in sentencing but 5 days later... Read more »

James A Hanson
James A Hanson
answered on Jun 21, 2022

It is not clear what you are asking from the question above.

I have yet to find a judge unwilling to give credit for actual time served in the jail. I would recommend you speak with an attorney directly about the calculation of the served time, the good time credit days for this offense,...
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1 Answer | Asked in Divorce for Indiana on
Q: Can I get pro Bono or low Income lawyer for my divorce
James A Hanson
James A Hanson
answered on Jun 20, 2022

You are not entitled to an appointed attorney in a divorce. The only time you are legally entitled to court-appointed counsel is when you are facing possible jail time (e.g. contempt of court for not paying child support, criminal cases, etc.).

However, there are several programs like Legal...
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1 Answer | Asked in Adoption and Family Law for Indiana on
Q: Does having a closed dcfs case automatically disqualify someone from adoption?

My husband has a daughter, her biological mother has not seen or talked to her in a year and a half. I would like to adopt her through stepparent adoption. We know we would have to argue for her rights to be involuntarily terminated for abandonment. My issue is, I have a DCFS case because prior to... Read more »

James A Hanson
James A Hanson
answered on Jun 20, 2022

Based on the facts you provide in your question, it is likely you won't have much trouble with an adoption. However, because you have that CPS record, it would be helpful to hire a family law attorney to guide you through the process and iron out any wrinkles with the court regarding your... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: Married when baby was born. She didn't put father on birth certificate against his wishes. Got a divorce a month after

baby was born. Then she gave her rights up to her mother against his wishes.....now she lives 2 hours away and will only let him seed her if he comes down. She tried saying that he raped her while she was pregnant. He didn't. they been together 10 years.

James A Hanson
James A Hanson
answered on Jun 20, 2022

The question is a bit confusing. Here is what I think will help.

First, the divorce decree needs to be checked to see if the court presumed the husband to be the father. If she was divorced just a month after birth, then it is likely the divorce decree either has language acknowledging...
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1 Answer | Asked in Child Support for Indiana on
Q: If I inherit property from my father can child support put a lien on the property for back child support that is owed

The child is an adult now.There is no child support order just the old support that is owed

James A Hanson
James A Hanson
answered on Jun 20, 2022

The answer depends on information not provided in your question. Those details are best discussed directly with an attorney, in any event.

If the back support has been reduced to a judgment against you, then your ex can use normal debt collection processes to collect the back support. If...
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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: My boyfriend is currently facing charges in Indiana but a federal indictment out of Kansas. What happens from here.

The Indiana judge said for him to be released Friday but he didn’t get out. Will the feds come get him or will they wait for the case here to be resolved?

James A Hanson
James A Hanson
answered on Jun 13, 2022

The US Marshall's Office has likely put a detainer on him to keep him from being released. They will come get him from his current location when they get around to it. They may wait until the current state case is resolved. They may not. The detainer will prevent him from bonding out in the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If you get a successful completion of work release can they file a warrant for a violation a month after your release

My husband was released a month ago from work release. He was given a successful release completion signed the paperwork and was released on good terms no trouble while he was in there and now they have filed a warrant for a violation.. If there were any violations shouldnt they have dealt with it... Read more »

James A Hanson
James A Hanson
answered on Jun 10, 2022

In Indiana, the state has up to one year to file violations as long as the violation occurred during the term of confinement or probation. You need to carefully read the violation petition to see what it is they are claiming he did to violate his work release conditions.

I would recommend...
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1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can the state still collect child support although the father has been paying me monthly and ive reported it?

I moved to indiana from cali. When i lived in cali, i had to apply for help as i had a min paying job and the father became the daycare as daycare was outrageously expensive. He did side jobs and gave me money. I reported this as well. We eventually worked out our differences and moved to indiana... Read more »

James A Hanson
James A Hanson
answered on Jun 10, 2022

Indiana does not allow retroactive changes to child support. However, you can explain to a court that payments were made to satisfy child support to eliminate arrearages.

You should probably get the child support re-calculated now that your financial and expense situations are different...
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2 Answers | Asked in Criminal Law for Indiana on
Q: I purchased a handgun from a coworker. No papers just gave money and took it. Well I sold it. Somehow it’s been sold

Again. Now whoever sold the gun to the next guy he got caught with it and he’s a felon. Cops called original owner. He said he sold it to me. Now they want to talk to me but I don’t remember who I sold it to. Am I in trouble? I know it wasn’t the felon I researched his picture.

James A Hanson
James A Hanson
answered on Jun 6, 2022

If you didn't sell it to the felon, you should be OK.

You need to gather up any documentation or other information you have about the purchase and sale to support your position with law enforcement.

Ideally, it would help if you could remember who you actually sold the firearm to.

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1 Answer | Asked in Child Custody for Indiana on
Q: How can I get proof of sole legal custody of my child? There’s no custody order because I was unwed to his father.

I’ve called the clerks office and they don’t seem to know. I need documentation of the sole legal custody to apply for passport.

James A Hanson
James A Hanson
answered on Jun 6, 2022

Indiana Code 31-14-13-1 states that the biological mother of a child born out-of-wedlock has sole legal custody of the child. There are exceptions, but absent a court order this is the general rule.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can my parole extend past my max out date
James A Hanson
James A Hanson
answered on Jun 2, 2022

It is possible for parole to extend beyond the maximum sentence date. Some offenses come with lifetime parole. The answer in your case will be dependent on the offense of conviction in your case and possibly specific facts associated with your performance while on parole.

You can ask you PO...
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1 Answer | Asked in Child Support for Indiana on
Q: Emancipation, Does child support terminate after the child graduates from college? Ex wife still wants money.

Porter county Indiana

James A Hanson
James A Hanson
answered on Jun 1, 2022

Standard child support ends when the child achieves the age of 19. Child support during the college years generally requires an additional order from the Court specifying how much each parent is to contribute to the cost of education.

You should review your child support order to see...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Soon to be ex scare tactics or?

Soon to be ex husband says his lawyer said he doesn’t have to prove me incompetent to get full custody just that he’s the better situation. In his mind he's the better situation because he's the money maker. I'm still however fully capable of taking care of my children and have... Read more »

James A Hanson
James A Hanson
answered on Jun 1, 2022

The fact that your ex has a lawyer only underscores the importance for you to retain an attorney and ask these detailed questions to that attorney in a confidential setting.

More generally, the legal standard in Indiana is the "best interests of the children" meaning that the...
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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Is it possible for a recording to be suppressed from evidence it has been edited by law-enforcement?

If an expert would verify that a criminal investigation recording has been edited by law-enforcement can it be suppressed or is that an issue that has to wait to go to trial? Thank you for your time.

James A Hanson
James A Hanson
answered on May 31, 2022

Great question.

If there is credible evidence that the recording has been manipulated, your attorney should file both a motion to suppress and a motion in limine.

The motion to suppress would argue that the evidence is inadmissible on several different grounds including fraud upon...
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1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: If I tell an officer he can't come in and search for someone without a warrant and he tries to get in my house anyway

Is that a crime

James A Hanson
James A Hanson
answered on May 31, 2022

Short answer: No.

The 4th Amendment protects you from unwarranted searches and seizures (subject to a truckload of exceptions that make it more holes than wall).

The remedy for a violation of the 4th Amendment is the exclusion of any evidence found or seized.

However, if you...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Didn't appear in court .arrested twice for less then a gram of meth what is the sentence for that .
James A Hanson
James A Hanson
answered on May 31, 2022

You wisely didn't provide a lot of detail. This is a conversation you should be having with your attorney.

Possession of small amounts of methamphetamine in Indiana is a Level 6 felony with an advisory sentence of 1 year, a minimum sentence of 6 months and a maximum sentence of 2 1/2...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Is it illegal to not report and leave the scene o f an accidental overdose resulting in death?

The victim had consumed their own drugs. Persons in question gave the victim no drugs.

James A Hanson
James A Hanson
answered on May 31, 2022

The traffic code has a requirement to report accidents that occur, but that is for those involved in the accident. A hit-and-skip only applies to the person causing the collision.

In Indiana, there is a general requirement to report child abuse or neglect.

Otherwise, Indiana follows...
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2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Indiana on
Q: What can I do if my public defender is not doing her job? Also to make things WORSE she is lying and damaging my case.

She lied to the judge and told him that I wasn't coming to appointments.Which is a lie. I have video to prove it. The judge then told me what a good attorney she was i

her skills were so great so when I went to say something he shut me down and told me that I need to make myself... Read more »

James A Hanson
James A Hanson
answered on May 31, 2022

You have to remember that this is a Public Defender. You are entitled to court-appointed counsel if you qualify, but you are not entitled to pick the attorney who gets appointed. As long as the appointed attorney provides "effective assistance" as that term is defined by the Supreme Court... Read more »

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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 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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