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Indiana Civil Rights Questions & Answers
0 Answers | Asked in Civil Rights and Criminal Law for Indiana on
Q: Is it illegal for a pedestrian to stop in a crosswalk to protest in Indiana?

In Indiana, is it illegal for a pedestrian to stop in the middle of a marked crosswalk as part of a protest? The pedestrian stopped while the crosswalk light was green and returned to the sidewalk when the light turned red. During this time, a car was unable to turn on red due to the... View More

0 Answers | Asked in Education Law and Civil Rights for Indiana on
Q: Is it legal for my school to require attendance after I'm no longer enrolled in those periods (Indiana)?

I'm a high school student in Indiana enrolled in dual enrollment, with my high school classes ending after 4th period and university classes beginning from 5th to 7th period. There is no written agreement with the school requiring my presence after 4th period. Despite this, the school... View More

0 Answers | Asked in Civil Rights, Gov & Administrative Law and Civil Litigation for Indiana on
Q: Seeking legal redress for electronic harassment and negligence by authorities.

I have been a victim of electronic harassment since 2014, stemming from an ex-coworker. Despite reporting to local and federal police agencies, including military police, I've faced disregard and even ridicule. I've also contacted public officials and organizations like the ACLU, but... View More

0 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can police search my car if pulled over for driving while suspended?

I was pulled over because the officer said he ran the tags and saw that my license was suspended. There was nothing in plain sight in the car. The officer didn't ask for consent but told me that since I was driving while suspended, he was going to search the car. Was this search legal?

Q: Charges dropped due to no probable cause; can I sue for defamation and impact of arrest?

I was arrested and charged with battery and misconduct after an incident with my neighbor. The charges were dropped at trial because the judge said there was no probable cause to charge me. There were no witnesses or evidence used at the trial. I explained that I was getting home when my neighbor... View More

James L. Arrasmith
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answered on May 14, 2025

What you went through sounds not only exhausting but deeply unfair, especially since the judge found there was no probable cause. Being arrested and charged for defending yourself on your own property, only to have the case dismissed without evidence, can have a serious emotional and financial... View More

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Real Estate Law for Indiana on
Q: Can a city in Indiana remove property and charge taxes without a warrant?

Can a city in Indiana repeatedly remove items such as bicycles, a washer, a dryer, patio furniture, a grill, and lawnmowers from my yard, considering them trash, and charge $5,000 to my property taxes without a warrant? I received tickets but no prior notice or opportunity to appear before a judge... View More

James L. Arrasmith
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answered on May 14, 2025

What you're experiencing sounds deeply frustrating and potentially unfair, especially when your personal property is being taken without warning or a chance to defend yourself. In Indiana, cities can enforce ordinances about yard maintenance and nuisance abatement, but they are still required... View More

1 Answer | Asked in Employment Law, Contracts and Civil Rights for Indiana on
Q: Seeking dispute options for relocation fee and contract post-termination.

I was terminated from my job on April 16th without a formal warning, despite having initially been offered a performance improvement plan. There was a verbal agreement about this plan, but in a second phone call days later, I was terminated for the same offense. When I was first hired, I gave... View More

James L. Arrasmith
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answered on May 14, 2025

You don’t have to accept a relocation‐repayment demand that the contract never clearly tied to a no‑cause termination.

First, review your relocation agreement for any ambiguity around termination without cause; if it doesn’t say you owe money unless you quit for personal reasons,...
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1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Arrested for battery with a deadly weapon, denied medical help. Next steps?

My boyfriend was arrested in Indiana on April 19 for battery with a deadly weapon. His bail is set at $10,000, under 35-42-2-1(c)(1)/F5: Battery by Means of a Deadly Weapon. He was denied medical help while in custody and hasn't been given a reason for this denial. The alleged victim initiated... View More

James L. Arrasmith
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answered on May 14, 2025

At your boyfriend’s first hearing, the judge will review whether the \$10,000 bail is appropriate and may adjust it based on his flight risk, criminal history, and medical needs. If you or his attorney tell the judge that he was denied necessary treatment, the court can order the jail to provide... View More

2 Answers | Asked in Gov & Administrative Law, Civil Rights and Personal Injury for Indiana on
Q: Can a hospital hold my husband based on incorrect records from over a year ago?

My husband voluntarily went to Bloomington Meadows Psychiatric Hospital on April 22, 2025, to adjust his medications. He signed an AMA on Wednesday, but they are holding him until Monday, citing incorrect records from IU Health Morgan ER related to an incident from November 2023. Despite providing... View More

Charles Candiano
Charles Candiano
answered on Apr 26, 2025

With all due respect, that doesn't make any sense. If your husband wanted or needed to "adjust" his psychotropic medication, he could have and should have contacted the prescribing physician, NOT check himself into a psychiatric hospital if he did not want to be admitted. Once... View More

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1 Answer | Asked in Gov & Administrative Law, Civil Rights, Civil Litigation and Criminal Law for Indiana on
Q: Can a hospital hold someone based on erroneous records from an incident over a year ago?

My husband voluntarily went to Bloomington Meadows Psychiatric Hospital on Tuesday, April 22, 2025, to adjust his medications. They are holding him until Monday, citing records from IU Health Morgan ER that relate to an incident from November 2023, which I can prove did not happen recently. Despite... View More

James L. Arrasmith
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answered on May 14, 2025

When you voluntarily admit yourself for a mental‑health evaluation, the facility can convert you to an involuntary patient only if two qualified professionals certify that you currently pose a danger to yourself or others or can’t care for your basic needs. That emergency hold is limited to 72... View More

2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can a prosecutor force me to testify against my spouse in Indiana after coercive police actions?

I'm married and my spouse was arrested and charged with murder in Indiana. I wasn't present at the scene and have no first-hand knowledge; the incident was two hours away. However, three days later, I picked up my spouse to be with our kids. A detective, without a subpoena, drove two... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 21, 2025

If your spouse is going to trial and you are being subpoenaed to testify, you should hire an attorney yourself to discuss the situation with him/her and if the spousal privilege applies and to protect your interests from the State.

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2 Answers | Asked in Medical Malpractice, Civil Rights, Divorce, Personal Injury and Family Law for Indiana on
Q: Can I sue for non-consented family translation for a schizophrenia patient?

I am concerned about a situation where a doctor used a family member, who was the brother-in-law of a schizophrenia patient and living in the same household, to translate medical conversations without consent. The patient, who was under stress due to her living situation, cannot recall much of... View More

Charles Candiano
Charles Candiano
answered on Apr 21, 2025

You don't tell us who you are, nor do you specify the basis of your proposed lawsuit. To summarize, you are somehow related to an individual suffering from schizophrenia. The individual's brother-in-law translated medical conversations with unknown persons, in an unknown context, while... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can a prosecutor in Indiana force a spouse to testify in a murder case?

In the state of Indiana, I am married, and my spouse has been arrested and charged with murder. There have been legal proceedings, and an upcoming jury trial is scheduled. I have not been subpoenaed or formally requested to testify, and I do not wish to testify due to personal concerns. Earlier, I... View More

James L. Arrasmith
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answered on May 15, 2025

In Indiana, as in most states, there are protections in place that prevent a spouse from being forced to testify against their partner in a criminal case, due to spousal privilege. This means that, generally, you cannot be compelled to testify against your spouse. However, there are some... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Indiana on
Q: How can I rectify an overcharged case with a possibly biased judge in Indiana?

I was charged with several crimes in 2005, including neglect of a dependent and dealing methamphetamines, and spent 10 years in prison. I believe I was overcharged, even though the state later dropped some charges. My release date was never adjusted after the charges were dropped. Additionally, I... View More

James L. Arrasmith
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answered on May 14, 2025

I’m truly sorry you've had to carry this for so long—it’s incredibly hard to walk free yet still feel like justice hasn’t been served. If charges were dropped but your sentence was never adjusted to reflect that, you may have grounds to file a motion to correct or reduce your sentence.... View More

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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