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Indiana Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: If I'm not fully lucid after being woken up suddenly by an officer and he gets my consent to search, is it lawful?

My fiance was sleeping in her car after a 17 hour shift, she parked in a legal parking spot to take a nap in order to avoid trying to drive while sleep deprived. According to a lawrenceburg, IN policeman. Someone had called the police worried about her welfare. The officer rudely and violently beat... View More

James L. Arrasmith
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answered on Jan 16, 2024

Based on the details provided, there are good arguments that the search was not lawful due to your fiance's diminished mental capacity when she supposedly consented. A few key points:

- Consent searches require voluntary, knowing, and intelligent consent. If the person is not fully...
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1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Indiana on
Q: How long does a court have in Indiana before you have to be formally charged while you’re in custody for the charges?

I was held in the jail from December 7th til the 18th when I bonded out. I wasn’t booked into the jail or given a call until the 10th at which time they told me I had a no contact order and already placed a call to the alleged victim. I wasn’t seen in court until the 15th of December which is... View More

James L. Arrasmith
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answered on Jan 7, 2024

In Indiana, the law requires that an individual who is arrested must be brought before a judge for an initial hearing without unnecessary delay. Typically, this should occur within 48 hours of the arrest. If the initial hearing does not happen within this timeframe, there may be grounds to... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Is an appeal the right way to go? And if so, what should I base the brief on?

Missed hearing- court clerk gave invalid proceduresfor covid when i called and asked what their courts protocol was(like indybar and depthealth websites state/had representation that I never received counsel from. I had evidence of breach from landlord within 30 days, retaliation claim. And... View More

James L. Arrasmith
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answered on Jan 2, 2024

Filing an appeal can be a valid course of action if you believe that legal errors affected the outcome of your case. In your situation, where there were procedural issues like being given incorrect information by the court clerk and challenges with your representation, these could form the basis of... View More

1 Answer | Asked in Juvenile Law, Criminal Law and Civil Rights for Indiana on
Q: Seeking Guidance: Concerns about Juvenile Justice in Johnson County Case, Request for Support

Hello, I'm reaching out because I'm deeply concerned about a situation in Johnson County involving a black teenager charged as an adult in a murder case who has a mental illness.

James L. Arrasmith
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answered on Dec 23, 2023

In Indiana, the case you're describing in Johnson County raises important questions about the juvenile justice system and how it handles cases involving minors with mental illness. When a minor is charged as an adult, it brings into focus the balance between public safety, the severity of the... View More

1 Answer | Asked in Family Law, Civil Rights and Education Law for Indiana on
Q: Do I have a case ? He is in 4th grade and removed from sports due to harassment .

My son school stated he should not participate in sports because he was talking in launch. Than when I asked to speak with the instructor due to no previous issues with my son the principal became defense and won't allow it . After going back and forth and coming to school I finally met with... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, there are several concerns that might warrant further legal exploration. If your son has an Individualized Education Program (IEP) and his removal from sports is related to his disability, this could potentially be a violation of his rights under the Individuals with Disabilities... View More

1 Answer | Asked in Civil Rights, Federal Crimes and Consumer Law for Indiana on
Q: Do you think it would be worth my time to sue Dominoes under the Lanum Act for False Advertisement?!

On November 30th at 11:55pm I placed an order to my nearest local Domino's store. At about 12:01am, I received a phone call from the Domino's I placed my order thru. It was one of the employees calling to inform me that my order had come thru at 11:59pm and unfortunately they were closed... View More

James L. Arrasmith
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answered on Dec 5, 2023

Bringing a lawsuit against Domino's under the Lanham Act for false advertising might be challenging in this particular scenario. While it can be frustrating to experience a discrepancy between their advertised policy and the actual service you received, the Lanham Act primarily deals with... View More

1 Answer | Asked in Civil Rights, Criminal Law and Family Law for Indiana on
Q: I put my son in jail and put a protective order against him .when the police filed the police report there where errors

How do I get this fixed.?

James L. Arrasmith
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answered on Nov 24, 2023

To address errors in a police report, you should first contact the police department that filed the report. Explain the situation and the specific inaccuracies you've identified. It's helpful to have any relevant documentation or evidence that supports your claim of errors in the report.... View More

1 Answer | Asked in Consumer Law and Civil Rights for Indiana on
Q: Is it against the law to measure children to be able to eat at a restaurant in indiana
James L. Arrasmith
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answered on Nov 18, 2023

In Indiana, there are no specific laws that address measuring children for the purpose of eating at a restaurant. However, restaurant policies that involve measuring children could potentially raise issues under anti-discrimination laws. Federal and state laws prohibit discrimination based on... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for Indiana on
Q: How do I file complaint for my son not receiving his prescribed medications in franklin county indiana jail

Diagnosed with Graves disease in 2016, on daily prescribed meds until being incarcerated on Aug 29. Facility not giving him his prescribed medication since Aug 29th.

T. Augustus Claus
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answered on Sep 28, 2023

In Indiana, first contact the Franklin County jail administration to file a complaint about your son not receiving his medication. If that fails, consider filing a complaint with the Indiana Department of Correction Ombudsman. In urgent cases, consult an attorney experienced in prisoners'... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Health Care Law and Medical Malpractice for Indiana on
Q: I am being court ordered to remain under psychiatric care under false pretenses. Is this legal? Can I fight it?

A psychiatrist I haven't seen in 3 years filed a motion to continue treatment, under false claims that I'm a danger to myself and others, and don't have what I need to eat, that I have no clothing or shelter. All of this is substantially false. If I don't appear as directed, I... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 11, 2023

Yes you can fight it with proper legal action to show why they are wrong.

Consult with experienced attorneys in the state where this occurred.

1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for Indiana on
Q: I was attacked by my wife and called the police. They came out I didn't press charges then but I would like to now. I

I have 911 audio recording while she was hitting me in the head and officers body cam footage of marks on my neck and back

T. Augustus Claus
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answered on Jul 27, 2023

If you were attacked by your wife, and you now wish to pursue charges, it's essential to take action promptly. You can contact your local law enforcement agency or the prosecutor's office to file a formal complaint or provide them with the evidence you mentioned, such as the 911 audio... View More

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Hello I have a warrant for me right now for burglary 2nd but the lady that took the warrant for me is the one who actual

Actually took the stuff. She's been ordered by the court to return it. But the warrant still remains on me. How do I get it dropped

T. Augustus Claus
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answered on Jul 4, 2023

If you believe there is evidence or information that can support your innocence or prove that the person who accused you is responsible, it is important to gather that evidence and present it to your attorney. Your attorney can then help you build a strong defense and may be able to challenge the... View More

1 Answer | Asked in Business Law, Employment Law, Civil Rights and Criminal Law for Indiana on
Q: Employer wants me to secretly record customers in their homes for sales pitches in Indiana. Is that legal?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Wiretap laws are different in each state. This could be a criminal violation. Something just doesn't sound right when the employer says to "secretly" tape record your customers in their own homes. The customers have a right to privacy and this would appear to violate that. If it... View More

1 Answer | Asked in Civil Rights and Employment Law for Indiana on
Q: Can a restaurant make me cut my beard if I’m Muslim In Indiana
John Michael Frick
John Michael Frick
answered on May 16, 2023

Since wearing a beard is considered “sunnah” for Muslim men, and not obligatory, it may be difficult to compel an employer to allow you to wear a beard as a religious accommodation. Moreover, in the food service industry, it may impose an undue hardship on the employer given health... View More

1 Answer | Asked in Contracts, Civil Rights and Employment Law for Indiana on
Q: Can I reinstate EEO claim if federal settlement agreement was not honored and I didn't contact Resolutin Mgmt in 30 days
James L. Arrasmith
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answered on Mar 30, 2023

Under federal EEO laws, employees who believe they have been discriminated against in the workplace can file a complaint with the Equal Employment Opportunity Commission (EEOC) and pursue a legal claim. In some cases, these claims are settled through a federal settlement agreement.

If you...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Indiana on
Q: My son is being harassed by our local drug task enforcement agency, was pulled over with no probable cause and the car s

Searched without consent and they my son and his friend out of the car physically to search it. I want to know who to talk to you and what I can do to have this stopped this is a true real situation and I want it stopped, can you please direct me to who to talk to and what to do!?

James L. Arrasmith
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answered on Mar 19, 2023

If you believe that your son's rights were violated during the traffic stop and search, there are several steps you can take to address the situation.

Contact an attorney: You may want to consider contacting an attorney who specializes in civil rights or criminal defense to discuss...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: Why do Attorneys on this "FREE LEGAL HELP FORUM " website tell us "Not to talk about the details "

Don't talk about the details of our case? In my situation after 3 yrs and 2 attorneys and NEVER HAVE MY QUESTIONS BEEN ANSWERED!! NOT EVEN HERE!! My questions are basically about procedures in a criminal case in ELKHART INDIANA. HOME OF THE WOLVERINES!! #1 in wrongful convictions &... View More

James A Hanson
James A Hanson
answered on Jan 30, 2023

This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Indiana on
Q: Indiana on the affidavit for arrest if the police say they advised us of our Miranda rights , but never did.

On top of saying I made a statement and never did. With no bodycams on a knock & announce search warrant. What are my options

James A Hanson
James A Hanson
answered on Jan 30, 2023

Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.

The vast majority of warrants are "knock and...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: indiana rules When executing a knock and announce search warrant are bodycams excluded? Why?

The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why

James A Hanson
James A Hanson
answered on Jan 30, 2023

First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.

Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: I need a civil rights lawyer in Indiana to help with violation of civil rights and human rights being violated

Husband has many of his rights being violated including;

#2- freedom from discrimination

#3- right to life and safety

#5- freedom from torture and inhumane treatment-- not even anything but one little blanket during the Sub-Zero degrees no heat and there was snow on his bed.... View More

James A Hanson
James A Hanson
answered on Jan 26, 2023

There doesn't appear to be question posed, but the issues you are raising are issues that need to be discussed with an attorney actually handling the case.

If you husband has an attorney (retained or appointed) these are issues that need to be discussed with that attorney.

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