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Indiana Questions & Answers
0 Answers | Asked in Business Law for Indiana on
Q: Determining the value of a 1960s Imperlite lamp for potential sale.

I have an Imperlite lamp that my grandmother bought in the 1960s in NYC. It is approximately 4 inches in height and 2-3 inches in width, with the top part measuring about 3-6 inches in width. The lamp is covered in a flower design and has the model number EL58411. I am considering selling the lamp... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Charged with residential entry without entering; girlfriend witness.

I am being charged with residential entry in Indiana, although I did not enter the home. My girlfriend, who lives alone, is a key witness and can confirm that I did not enter the house. While I was at the location, I only knocked on the door. With her testimony, can I successfully defend against... View More

James L. Arrasmith
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answered on Apr 12, 2025

Indiana Residential Entry Defense Analysis

Under Indiana Code §35-43-2-1.5, residential entry requires proof that you knowingly or intentionally broke and entered the dwelling of another person without proper consent. The prosecution must establish beyond reasonable doubt that actual entry...
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0 Answers | Asked in Constitutional Law for Indiana on
Q: Is retroactive application of abortion as murder possible in Indiana?

If a law was already in place in Indiana that states murder is illegal, and years later, the state adds abortion as a type of murder, would this apply retroactively since murder has always been illegal?

0 Answers | Asked in Collections and Civil Litigation for Indiana on
Q: Motion for relief from judgment due to improper service in debt case.

I need to file a motion for relief from judgment regarding a debt collection case for a vehicle from over 20 years ago. The hearing took place in September 2024, and I was not notified as the paperwork was sent to an incorrect address. I have filed a motion for an extension to prepare a defense for... View More

2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: How to protect rights and get royalties for my photo?

I own a picture of a rare animal that I haven't registered with a copyright office yet. I'm considering sending it to a news channel. What steps should I take to ensure I receive royalties or protect my rights before sending it to them?

Alan Harrison
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answered on Apr 11, 2025

It costs only $65 to register the photograph copyright yourself. You can follow the instructions at https://www.copyright.gov/registration/.

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: Is it legal for an officer to question me at work about my charges after arrest and bail?

I was arrested for reckless driving (speeding), possession of marijuana, and possession of paraphernalia. After being bailed out, an officer came to my workplace two nights in a row. On the second night, the officer asked me questions about my charges. I have a court date assigned. Is it legal for... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s not uncommon for officers to attempt to question individuals about charges, but they must still follow certain rules when doing so. After your arrest and bail, you have the right to remain silent if you choose, and the officer cannot force you to answer questions. If you don’t want to... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Q: Can Indiana's HB 1334 (2025) apply retroactively to past legal abortions?

If a woman in Indiana had a legal abortion while Roe v. Wade was still in effect, and Indiana House Bill 1334 (2025) subsequently categorizes abortion as a type of homicide, would this law apply retroactively to women who had legal abortions at that time, given that ex post facto laws don't... View More

James L. Arrasmith
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answered on Apr 12, 2025

Indiana's House Bill 1334, introduced in 2025, redefines "human being" in the criminal code to include unborn children from the moment of fertilization. This change removes previous exemptions for certain abortions under homicide statutes and repeals the crime of feticide. The bill,... View More

0 Answers | Asked in Education Law, Civil Litigation and Civil Rights for Indiana on
Q: Can I sue a school for calling CPS under false pretenses?

I want to know if I can sue a school for calling CPS when they twisted my kids' words, and the school never informed me of any concerns beforehand. This situation has caused stress, anxiety, and fear in our home, and there's a potential risk of job loss. Our relationship with the school... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: Can I work using my LLC and EIN for heating and cooling jobs without a contract?

I want to know if I can be employed for heating and cooling work using my LLC and EIN number, instead of working as an individual. My LLC is registered in my state, and I won't have a contractual agreement with the job. Are there any tax implications I should be aware of for this arrangement?

James L. Arrasmith
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answered on Apr 12, 2025

Yes, you can work using your LLC and EIN for heating and cooling jobs without a formal contract, but there are a few key points to consider. By using your LLC, you are treating your business as a separate entity, which provides some legal protections, such as limiting personal liability for... View More

0 Answers | Asked in Gov & Administrative Law and Public Benefits for Indiana on
Q: Utility company won't turn on power without explanation.

I am experiencing issues with a utility company in Indiana that refuses to turn on my power and won't tell me why. I've contacted their customer service multiple times, visited their office to request assistance, and confirmed that I have no outstanding balance. I'm on disability and... View More

1 Answer | Asked in Probate and Estate Planning for Indiana on
Q: How can I claim my deceased husband's properties in Indiana without a will?

I am a widow from the Philippines, and my husband passed away in Indiana, USA, without leaving a will. I have not started any legal processes yet. He has two grown-up sons from his first deceased wife. I would like to know how I can claim the properties he left in Indiana, including his house,... View More

James L. Arrasmith
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answered on Apr 12, 2025

I'm sorry to hear about your loss. Navigating the legal process after a spouse's death can be challenging, especially when you're in a different country. In Indiana, when someone dies without a will, their estate is distributed according to the state's intestate succession laws.... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Indiana on
Q: Can I sublease a house in Indiana against lease terms?

Can I legally sublease my house in Leo, Indiana, at my renter's request, even though the lease agreement prohibits subleasing? My tenant wants to leave the country for 6 months and prefers that I sublease the property during their absence. What are my legal obligations and potential consequences?

James L. Arrasmith
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answered on Apr 11, 2025

ChatGPT said:

​In Indiana, subleasing is governed primarily by the terms of the lease agreement, as state law does not specifically grant tenants the right to sublet. If your lease explicitly prohibits subleasing, then proceeding with a sublease would constitute a breach of contract. This...
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1 Answer | Asked in Social Security and Public Benefits for Indiana on
Q: Can I manage my disabled son's Social Security online account?

I am the mother of a disabled adult son for whom I am the representative payee and authorized representative for Medicaid. He cannot read and lives with me, but he is able to give consent. Can I set up and manage his My Social Security online account on his behalf?

James L. Arrasmith
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answered on Apr 8, 2025

Yes, you can manage your son's Social Security online account as his representative payee. The Social Security Administration (SSA) allows individuals to act on behalf of a person who is unable to handle their own affairs, such as in the case of your son. As his representative payee, you can... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Will I pass Indiana background check with a 2020 expungement?

I would like to volunteer for a field trip at my daughter's school in Indiana. In 2020, I had an expungement for inappropriate communication with a minor. Will I pass a background check conducted by the Indiana State Police given this history?

James L. Arrasmith
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answered on Apr 12, 2025

In Indiana, an expungement allows you to legally deny the existence of an expunged conviction, and such records are typically sealed from public view. However, certain entities, including law enforcement and government agencies, may still access these records. Regarding background checks for... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Release timing from jail with pending bond revocation decision?

My boyfriend was out on bond for drug charges and was later arrested for breaking a separate protective order. He received a $500 bond, pending bond revocation in the drug case, but no action has been taken regarding the bond revocation. He was arrested on March 25th for invasion of privacy, had... View More

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answered on Apr 12, 2025

If no action has been taken regarding the bond revocation in the drug case, your boyfriend could potentially be released after posting the $500 bond for the protective order violation, as long as there are no other holds or issues with his case. Since he was given a bond for the invasion of privacy... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: When will my boyfriend, arrested for breaking a protective order, be released from jail in Indiana?

My boyfriend was out on bond for drug charges, but then got arrested for breaking a protective order that is not related to the drug charges. He was given a $500 bond pending bond revocation in the drug case, but nothing has been filed regarding the bond revocation. Counting the day of his arrest... View More

James L. Arrasmith
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answered on Apr 12, 2025

If your boyfriend was arrested for breaking the protective order and given a $500 bond, he could potentially be released once the bond is paid, provided there are no other issues preventing his release. Since his bond for the protective order violation is set, and the bond revocation for the drug... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Why might an attorney contact me if I'm on probation ending in June?

I am currently on probation, which is scheduled to end in June. I am supposed to receive a letter from an attorney, but I don't have any indication that it's related to my probation, and there hasn't been any incident or violation of my probation terms. I haven't received the... View More

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answered on Apr 12, 2025

If an attorney is contacting you while you're on probation, there could be several reasons, even if you haven't violated any terms. It’s possible that the attorney is reaching out about a routine matter related to your case, such as your upcoming probation termination in June.... View More

1 Answer | Asked in Employment Law and Business Law for Indiana on
Q: Can a privately held company deny employee access to board meeting minutes?

I work as a registered nurse at a privately held company that is not being transparent about its potential closure. If I request the meeting minutes from the board meeting where this topic was discussed, is my company legally allowed to deny my request? There have been no past instances of similar... View More

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answered on Apr 12, 2025

In a privately held company, board meeting minutes are generally not considered public records and may not be accessible to employees unless explicitly granted by the company. As a registered nurse, you may not have an automatic right to request these minutes unless it’s part of your job... View More

2 Answers | Asked in Probate, Real Estate Law and Tax Law for Indiana on
Q: Guidance on notice under IC 6-1.1-25-4 for deceased owner in Indiana tax sale.

I've purchased a certificate at a tax sale in Indiana, and my title search revealed that the property owner is deceased. I need guidance on how to proceed with giving notice under IC 6-1.1-25-4, especially when no information about the estate or potential heirs was found in the title search.... View More

Anthony M. Avery
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answered on Apr 6, 2025

You will need an IN attorney to file a quiet title action and to extinguish redemption rights. Service on heirs should be by a publication order.

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1 Answer | Asked in Criminal Law for Indiana on
Q: OWI charge in Indiana not scheduled within 20 days. Dismissal possible?

I was charged with OWI in Indiana, and my initial hearing was not scheduled within the 20-day period required by Indiana Code Title 35, § 35-33-7-1. There has been no communication regarding this delay. Is this a reason for dismissal or some other legal action?

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answered on Apr 12, 2025

Under Indiana law, if a defendant is not brought to trial within 20 days of being charged with an OWI (Operating While Intoxicated), they may have grounds to request a dismissal. This rule is part of the statutory right to a speedy trial, which is designed to prevent unnecessary delays in the legal... View More

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