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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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

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... View More

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... View More

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.

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... View More

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... View More

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... View More

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... View More

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... View More

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,... View More

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... View More