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Indiana Civil Rights Questions & Answers
1 Answer | 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

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable that you are upset and frustrated by the situation. If a school calls CPS based on false information or misinterpretation of your children's words, it could be a serious matter. However, schools are typically required by law to report suspected abuse or neglect, and they... View More

2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can "Fruit of the Poisonous Tree" be used as a defense for meth found after false gun report?

Someone falsely reported to the police that I had a gun. When pulled over, I fled because I was without a license. Although I did not have a gun, the police found meth in my truck's cooler. I'm charged with possession and intent to distribute, although there's no fingerprint or DNA... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 4, 2025

Likely not, had the police pulled you over simply because of the false allegation of a gun, you might have a good chance. However, because you fled, the discovery of the meth was likely as a result of a search incident to an arrest. The definitive answer will depend on the fine details of the... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Indiana on
Q: Is it a violation of my rights for probation to be held open for 10 years with no new charges?

I was on probation in one county in Indiana and was supposed to start probation in a second county after dealing with an incident involving an officer who was drinking on the job. I was charged with resisting law enforcement but found not guilty. Although I've had no new charges for the past... View More

James L. Arrasmith
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answered on Apr 7, 2025

It sounds like you've been facing a very challenging situation with your probation. While there are no strict limits in Indiana regarding how long probation can last, generally, probation should be tailored to help individuals reintegrate into society. If you've had no new charges or... View More

1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: What legal actions can I take for harassment and arrest by campus police?

I have been experiencing ongoing issues with campus police, including being followed by officers and denied a report when I attempted to report the harassment. The officers refused to provide their names and later admitted on camera to following me, only to backtrack afterward. I was arrested a... View More

James L. Arrasmith
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answered on Apr 2, 2025

You have several options to address the harassment and wrongful arrest by campus police. First, document everything thoroughly - dates, times, officer details if available, and all interactions including the video evidence of them admitting to following you. This documentation will be crucial for... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Employment Law for Indiana on
Q: What are my legal options for false charge affecting my CDL and driving privileges in Indiana?

I was a CDL driver for 16 years, but when my DOT physical card expired, the BMV incorrectly claimed I lacked insurance, even though I showed proof to a state trooper. I wasn't informed of a court date and didn't know my license was suspended until a police officer pulled me over using my... View More

James L. Arrasmith
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answered on Mar 26, 2025

You've experienced a serious injustice that has significantly impacted your career and livelihood. For wrongful license suspension in Indiana, you may have grounds for a civil lawsuit against the BMV for administrative error, negligence, and the resulting damages. Consider filing a petition... View More

2 Answers | Asked in Education Law, Personal Injury and Civil Rights for Indiana on
Q: What attorney to contact for school bus safety and discipline issues in Indiana?

I am concerned about an incident where my 3-year-old child, who has behavioral issues, managed to get out of his harness on the school bus and nearly fell. My child claims the bus driver spanked him, and when we requested to review the bus footage to understand how he reached the front of the bus,... View More

Charles Candiano
Charles Candiano
answered on Mar 25, 2025

Why would you want to pay a $5,000 retainer to hire an attorney to see a video of your child acting badly? What are your concerns? If your child has behavioral issues, why is he riding the bus at age 3? If this is a publicly funded school, it is protected by the Indiana Tort Claims Act. On your... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Indiana on
Q: Charged with false informing; found misconduct in search warrant and bodycam footage. What steps to take?

I was charged with false informing after officers searched my property for several hours before obtaining a search warrant, which had a judge's signature forged. An arrest warrant was issued for me on the same day I complained, leading to my detention without any legal contact for five days... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation involves serious allegations of police misconduct that require immediate attention. Based on what you've described, there appears to be evidence of potential forgery, illegal search, improper detention, and tampering with evidence - all serious violations that could compromise... View More

2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can I be charged with drug possession after a no-consent search during a traffic stop?

During a traffic stop for a blown headlight, a police officer discovered an alleged syringe with a liquid suspected to be meth under the console of my car. I was the only person in the vehicle and did not consent to a search. The item was found out of my reach from the driver's seat with the... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 24, 2025

Yes, you can be charged because illegal items were found in the car you were operating. However, based on your description there may be more than one way to have the evidence suppressed. You should consult with a local criminal defense attorney, most offer free consultations, to further discuss... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: Police searched my vehicle without warrant after K9 alert, found syringe with meth, left test kit inside. Arrested for possession. Legal issues and defense options?

I was stopped by police for a headlight violation in Indiana, and without my consent, a K9 unit was deployed, which allegedly alerted on my truck. The officers searched my vehicle without a warrant and claimed to find a syringe with liquid meth. They also left the test kit pouch used for... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 24, 2025

Yes, you can be charged because illegal items were found in the car you were operating. However, based on your description there may be more than one way to have the evidence suppressed. You should consult with a local criminal defense attorney, most offer free consultations, to further discuss the... View More

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1 Answer | Asked in Civil Rights, Criminal Law, Employment Law and Family Law for Indiana on
Q: How can I get a handgun in Indiana without a fixed address for self-defense?

I am a homeless resident of Indiana, without a fixed address due to a divorce, and I've been assaulted multiple times, including a recent severe attack where I was maced, beaten, and almost set on fire. I wish to purchase a handgun for self-defense, but I am unable to comply with the... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation presents significant challenges, but there are potential paths forward for legally obtaining a handgun in Indiana despite your homelessness.

Indiana does not require a license to purchase a firearm, and as of July 2022, the state permits constitutional carry for eligible...
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1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: Unlawful arrest and charges in Indiana after DUI report: Seeking dismissal advice?

While visiting family in Indiana, I was unlawfully arrested. My boyfriend was stopped for a suspected DUI, and I pulled over in a separate vehicle to inquire about my son's car seat, expecting my boyfriend's truck to be towed (I had reported the DUI for safety). The officer was rude and... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation involves potential Fourth Amendment issues regarding unreasonable seizure and excessive force, which could form the basis for a motion to dismiss. Based on your description, the officer's actions—particularly drawing a weapon during a non-violent encounter and arresting you... View More

1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for Indiana on
Q: Legal protections for Indiana bus driver assaulted by student

I am a 72-year-old bus driver in Indiana, and I was hit in the face by a student's backpack. Two weeks later, the same student kicked me in the ribs. The bus aid was also hit during the incident. The school suspended the student for a week and then assigned him to another bus. What protections... View More

Charles Candiano
Charles Candiano
answered on Mar 3, 2025

You can and should have made a police report as each of those incidents constituted a battery on you. If the child is a minor, any charges would be processed through the juvenile justice system. Regardless of his/her, no student should be committing battery on a bus driver or the aid without... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Civil Litigation and Criminal Law for Indiana on
Q: Can an officer testify twice after lying in a suppression hearing?

I am dealing with a situation where an officer lied at a suppression hearing in a case involving an alleged break-in. The officer's story was proven false by the defense lawyer, as the officer claimed actions such as visiting the house and contacting the alleged victim, which never occurred.... View More

James L. Arrasmith
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answered on Mar 24, 2025

This situation raises serious concerns about witness credibility and judicial fairness. When an officer is proven to have provided false testimony in a suppression hearing, it doesn't automatically prevent them from testifying again, though it significantly damages their credibility. Courts... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Rights for Indiana on
Q: My public defender Told me to admit The allegation, He said we're not gonna win. but their proof wouldnt have proved it

My public defender talked me into admitting.The allegation was true. He said we're not gonna win.We're just gonna have a mad judge and be in the same Situation if you continue to to deny it. But the Evidential proof the other side had wouldn't have proved anything.

James L. Arrasmith
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answered on Feb 9, 2025

It sounds like you were pressured into admitting something you believe wasn't proven. That can be a frustrating and overwhelming experience, especially when you feel like you didn’t have a real choice. Public defenders are often overloaded with cases, but that doesn’t mean you should have... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Indiana on
Q: is it against confidentially procedures for a judge to demand I verbally state my D.O.B. and SS number in open court?

During a small claims, proceedings supplemental hearing, opposing counsel asked for confidential information (social security number, date of birth, address, etc.). I asked the judge if I had to tell him that information. The judge told me I had to answer the attorney's questions and to tell... View More

James L. Arrasmith
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answered on Feb 9, 2025

It sounds like you were placed in a difficult and uncomfortable situation. While courts sometimes require the disclosure of personal information for legal proceedings, sensitive details like your Social Security number and date of birth should be handled with caution. Many courts have procedures in... View More

1 Answer | Asked in Civil Rights for Indiana on
Q: My daughter & her 4 kids moved in with a man she's on the lease as an additional occupant. Can he just kick her.

Does she have any rights.

James L. Arrasmith
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answered on Feb 8, 2025

If your daughter is listed as an additional occupant on the lease, her rights depend on the terms of that lease. Generally, an occupant is not the same as a tenant, which means she may not have the same legal protections. However, the man she lives with cannot simply force her out without following... View More

1 Answer | Asked in Civil Rights for Indiana on
Q: My daughter & 4 kidsmoved in with a man she's on the lease as an additional occupant can he just kick her & 4 kids out &

And does she have any rights.

James L. Arrasmith
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answered on Feb 8, 2025

If your daughter is listed on the lease as an additional occupant, the man she moved in with cannot just kick her and the children out without following legal eviction procedures. Even though she may not be a leaseholder, she still has tenant rights, and he would need to go through the proper legal... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Collections for Indiana on
Q: What do I have to do to get a infraction thrown out after it's been defaulted ,I was arrested on 08-14-22 in Lakeville,

Indiana for being htv,five days later the cop issued me an infraction in another town court with no court date ,I was never told about the ticket after letting the cop re issue the infraction under a different case number stating the first one was incorrect,they opened as a new case,almost three... View More

James L. Arrasmith
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answered on Jan 28, 2025

It sounds like you’re dealing with a serious legal issue that could impact your ability to drive. Since the infraction was defaulted without your knowledge and later reissued under a different case number, you may have grounds to challenge it. One possible argument is that the ticket violates... View More

1 Answer | Asked in Estate Planning, Family Law and Civil Rights for Indiana on
Q: My dad is he recently passed & his friends are telling me I'm not aloud on his property to get my thing

Nor am I getting anything from my dad inheritance

James L. Arrasmith
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answered on Jan 21, 2025

I'm very sorry to hear about the loss of your father - losing a parent is incredibly difficult, and dealing with property issues during this time must be adding extra stress.

If your father had a will, you should obtain a copy from the probate court in the county where he lived. This...
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1 Answer | Asked in Civil Rights for Indiana on
Q: If a police officer pulls up beside you looks at you and pulls you over is that profiling

Police officer said that he pulled me over due to my plate lights or dim but they were working I am a senior citizen on disability I was searched three times handcuffed put in the backseat of a car was unable to get out due to the severe pain that I deal with from my disabilities can I get the... View More

James L. Arrasmith
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answered on Jan 13, 2025

I'm really sorry to hear about your experience. It’s important to know that you have rights during a traffic stop. If you believe the stop was unjustified or that your treatment was inappropriate, there may be grounds to take action.

Excessive force claims can be complex, especially...
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