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Questions Answered by James A Hanson
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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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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