Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Gojko Kasich

1 Answer | Asked in Divorce for Indiana on

Q: See detailed question below:

Left soon to be ex 3 mos. ago. Filed almost 2 mos. ago. He is living in the house we shared. Waiting for finalized divorce date in 16 days. To avoid hassles I've paid ex $600 dollars every 2 wks. for mortgage. Did I have to since I was not living there and do I have obligation to pay anymore on... Read more »

Gojko Kasich answered on Mar 18, 2012

I'll answer the mortgage question first. The mortgage company DOESN'T CARE if you are divorced. Your ex needs to refinance to get you off the mortgage. Otherwise, you're stuck and you need some protective language in any final decree. Hire a lawyer. It might hurt now, but it will save you TONS... Read more »

1 Answer | Asked in Family Law for Indiana on

Q: What are the laws regarding the non custodial parent providing adequate heat in the home during visit

The non custodial parent does not have working heat in the home

Gojko Kasich answered on Mar 18, 2012

Laws can't cover every eventuality. If the children don't have heat in the home/apartment where they are having visitation, a motion should be filed with the Court to curtail visitation or to hold noncustodial parent in contempt.

Now, the problem with something like this is PROVING it....
Read more »

1 Answer | Asked in Criminal Law for Indiana on

Q: How long must an offender be on parole in the state of Indiana after his release from prison?

Gojko Kasich answered on Mar 18, 2012

Usually, it's 2 years. However:

If an inmate was given probation after his/her sentence following the in-custody portion of the sentence, the inmate won't be put on parole but will be assigned to probation.

If an inmate was allowed to go into a CTP [Community Transition Program] for...
Read more »

1 Answer | Asked in Criminal Law for Indiana on

Q: If you're on unsupervised probation, does it require a drug test?

Gojko Kasich answered on Mar 18, 2012

Typically, unsupervised probation means you're mailing in a document once a month. But different probation departments work differently. At some point, if your PO suspects that you're doing something illegal, they can pretty much treat you as if you were supervised, call you in, and make you pee... Read more »

1 Answer | Asked in Juvenile Law for Indiana on

Q: Can a officer question a juvenile without a parent present?

Gojko Kasich answered on Mar 18, 2012

Yes. BUT . . . it is NOT admissible if the child did not have an opportunity to have a "meaningful consultation" with a parent or guardian BEFORE waiving right to counsel. UNLESS .. . the child gets on the witness stand and testifies INCONSISTENTLY with what was said in the unlawful... Read more »

1 Answer | Asked in DUI / DWI for Indiana on

Q: Can you have a felony when applying for indiana alcohol server 2 year permit

Gojko Kasich answered on Mar 18, 2012

Here's the pdf for the application:

http://www.in.gov/atc/files/EmployeePermit_3_1-5-10.pdf

The only mention of "felony" I can find is where it tells you lying on the application is a felony.

The Indiana Administrative Code section for the Alcohol Bureau is...
Read more »

1 Answer | Asked in Divorce for Indiana on

Q: Is it possible to get a divorce with out knowing where the other person is?

We have been seprated now for more then a year with no contact would also like to know if there is a program close to me that helps with legal fees

Gojko Kasich answered on Mar 18, 2012

Very difficult. If you KNOW the community he/she is in, you can serve them via publication under Trial Rule 4.13

http://www.in.gov/judiciary/rules/trial_proc/index.html#_Toc313019761

Is there any property to distribute? And children? Those issues can complicate matters.

Hard...
Read more »

1 Answer | Asked in Family Law for Indiana on

Q: I have a 17 year old son who turns 18 in June. He has bipolar disorder can I gain guardianship of him once he is 18.

Gojko Kasich answered on Mar 18, 2012

Does his bipolar disorder render him "incapacitated?" This usually needs to be proven by medical/psychological expert testimony. In other words, will his psychologist/psychiatrist testify, under oath, that he meets the criteria under the following statute, to a reasonable degree of medical... Read more »

1 Answer | Asked in DUI / DWI for Indiana on

Q: How long do you have to wait to get license after dui if tjhe judge granted ninety day suspension

Paper was faxed to indianapolis on the 29th the original date of dui was november 5th

Gojko Kasich answered on Mar 18, 2012

It should be on your driving record, which you can access at:

https://myweb.in.gov/BMV/mybmv/Default.aspx?ReturnUrl=%2fBMV%2fmybmv%2fM...

Or here:

http://www.in.gov/bmv/2331.htm

Is your DUI case over? Did you have counsel or did you just plead without a lawyer? If the...
Read more »

1 Answer | Asked in Family Law for Indiana on

Q: I am being asked odd requirements for family court and they aren't sending paper work like they are supposed to

What shouldI do I have no transportation to out of town court I am making every effort to pay child support and they are finding another way to get me into trouble what can I do???

Gojko Kasich answered on Mar 18, 2012

You really don't provide enough information. What do you think is "odd?" Do you have child support or visitation issues? What paperwork aren't they sending? Does your court have any local rules?

Local rules can be found here: http://www.in.gov/judiciary/2694.htm

1 Answer | Asked in Family Law for Indiana on

Q: My children are 15 and 11 and do not like going to their father's home for visitation. Do they have to go?

Gojko Kasich answered on Mar 18, 2012

Yes. You need to look at the Parenting Time Guidelines. In the recent case of AN v. JN [not published in NE2d but available in pdf at http://www.in.gov/judiciary/opinions/pdf/06201101cld.pdf the Court said:

*****

The Guidelines state that “each parent shall be responsible to...
Read more »

1 Answer | Asked in Criminal Law for Indiana on

Q: Charged with Class D Felony for Theft. Friend lied to me and said we had permission to take the scrap metal.

I was asked by my friend to go "scrapping"(collecting metal and taking it to a scrap yard for money) with him. He drove me to a property where he claimed he had permission from the owners to take the scrap metal off their property and take it to the scrap yard. So me and my friend started loading... Read more »

Gojko Kasich answered on Mar 18, 2012

To be convicted in Indiana, you either have to KNOWINGLY OR INTENTIONALLY "exert control" over someone else's property WITHOUT permission.

However, understand, that theft is very often based on circumstantial evidence .. . so if you have, for example, snuck under a security fence because...
Read more »

2 Answers | Asked in Criminal Law for Indiana on

Q: Does the Anti-Terrorism and Effective Death Penalty Act of 1996 foreclose Error Coram Nobis relief?

Gojko Kasich answered on Jul 10, 2011

Here's a law review article that may answer your question. Haven't had many ATEDPA of 1996 cases here in the cornfields of Indiana.

View More Answers

1 Answer | Asked in Criminal Law for Indiana on

Q: How many yrs can a habitual theft offender possibly get in ind?

Gojko Kasich answered on Jul 10, 2011

It's a maximum three times the advisory [formerly called presumptive] sentence for a particular felony.

For a D felony, the advisory is 18 months, so the max habitual is 4 1/2 years.

For a C felony, the advisory is 4 years, so the max habitual is 12 years.

For a B felony and...
Read more »

1 Answer | Asked in Criminal Law for Indiana on

Q: Can prosecutors in Indiana add sales tax to a shoplifted item to determine value of item for forfeiture purposes?

Indiana law states that an item has to be valued in excess of $100.00 to qualify for forfeiture action being brought against the shoplifter. Indiana prosecutors added tax to an item that is worth $96.00 to arrive at a value that exceeds $100.00 to justify bringing forfeiture action against the... Read more »

Gojko Kasich answered on Jul 10, 2011

IC 34-24-3-2 Irrebuttable presumption of retailer's pecuniary loss; insurance or indemnification prohibited

(a) For purposes of determining the amount of damages recoverable under section 1(1) of this chapter, there is an irrebuttable presumption that a retailer who brings a civil action...
Read more »

1 Answer | Asked in Divorce for Indiana on

Q: I have been separted for 2 years trying to get a divorce now I am pregnant with my boyfriends baby can I get divorced

Gojko Kasich answered on Jul 10, 2011

Under Indiana Code 31-14-7-1, a child born during a marriage and within 300 days after a dissolution, is PRESUMED to be that of the husband. However, if both parties agree, and the LEGITIMATE father of the child agrees, I've had situations where the Court will take SWORN testimony from the... Read more »

2 Answers | Asked in Divorce for Indiana on

Q: I was made to leave my home by husband for girlfriend, home in his name can i make him sell in divorce ?

He made threats for me to leave the home, then found he had a girlfriend. He made me leave 2 weeks before christmas so she could stay at our home. I would honestly like to know if i would be able to make him sell the home or something ?? What can i do ? Anything? we have been married 11yrs Sept 1.... Read more »

Gojko Kasich answered on Jul 10, 2011

1. It appears that you bought the home during marriage. What funds did you use? Was there a down payment made and subsequent mortgage payments? If so, it is highly likely it will be considered marital property. If he bought it "cash" at the time of purchase with his funds that he had kept... Read more »

View More Answers

1 Answer | Asked in Divorce for Indiana on

Q: How can i get a divorce settlement reviewed? certain criteria were not evaluated...

Gojko Kasich answered on Jul 10, 2011

Not clear on what you mean. If you think it requires an appeal, you had to file Notice of Appeal [Indiana Appellate Rule 9] or a Motion to Correct Error [Indiana Trial Rule 59] within 30 days of the court's order.

If there is a MISTAKE or surprise or "excusable neglect" or fraud or other...
Read more »

2 Answers | Asked in Criminal Law for Indiana on

Q: How do i find court case files of the whole trial and police report

Gojko Kasich answered on Jul 10, 2011

If you are the defendant, and you're in Lake or Porter and some of the surrounding counties in NW Indiana, a copy of the police report was given to your attorney of record in discovery. Not certain that it happens in Newton County Superior, but I'm certain it happens in Lake, Porter, Jasper, and... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Indiana on

Q: Is there a statute of limitations on homicide neglect?

Gojko Kasich answered on Jul 10, 2011

Easiest way to answer this rather inartful question is:

IC 35-41-4-2 Periods of limitation

(a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:

(1) within five (5) years after the commission of the offense, in the...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.