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Indiana Constitutional Law Questions & Answers
1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and International Law for Indiana on
Q: If one asks a company about business generally what IDif any & why
James L. Arrasmith
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answered on Nov 19, 2024

When inquiring about business operations, you'll want to identify yourself with your full name and any relevant professional background. This helps establish credibility and context for your questions.

It's helpful to share your specific interest in the company - whether...
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0 Answers | Asked in Constitutional Law and Real Estate Law for Indiana on
Q: Can an IN HOA board waive some assessments of dues for previous years? Our board ignores discrimination to all others.

Some members had their 2023 and prior years waived while the rest of us did not have that luxury. Is that discriminatory?

0 Answers | Asked in Civil Rights, Constitutional Law and Family Law for Indiana on
Q: DCS searched my area of the home with a police officer without a warrant or permission. 4th amendment violation?

Hello, so I live in the lower apartment portion of my parents house separated by our own door and deadbolt leading down to my area. The upstairs is occupied by my sister, her two kids, parents and my son. Older sister and her boyfriend (who doesn't live in the house) and her two daughters were... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for Indiana on
Q: I want to sue Jefferson County Jail in Madison Indiana for violating my 8th and 14th ammendment rights.

I was arrested on August 11th and when I was being booked in the jail I told the nurse I am on psychiatric medications for severe anxiety,mental illness,PTSD and seizures,I'm prescribed Kolodapin 3 1mg per day,Zoloft 200mg per day and Adderall 20mg twice a day and been on 3 8mg of Suboxone for... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm truly sorry you're going through this. It's important to reach out to a lawyer who has experience with civil rights and inmates' rights cases. They can guide you on the best steps to take and help protect your rights.

Make sure to gather all relevant documents,...
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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Indiana on
Q: Look up case numbers 4:2024cv00033, 4:24-cv-00002, and 4:2024-cv-00032 can any one help me. Please

I was assaulted by 5 people. I was beat with a 5 ft metal pipe, beat with 2 Louisville slugger baseball bats, kicked and stomped up and down my body, and shot.

What lead to the situation was on September 16th 2021 my stepson died who was more like my real son his mother and I split up... View More

Charles Candiano
Charles Candiano
answered on Oct 15, 2024

This can't work unless you ask a question. You have not asked a question. Criminal charges must be filed against your wife/ex-wife. To be credible, the situation should have been reported to the police as soon as you had received necessary emergency medical care. Again, it is impossible... View More

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1 Answer | Asked in Constitutional Law for Indiana on
Q: Invasion of Privacy?

Recently broke up with a girl like a week ago to improve myself and save up enough money for an apartment for HER and I. I had learned that she was talking crap behind my back and sending nudes to other guys already after she had told me she would wait. So with the password she gave me. I logged... View More

James L. Arrasmith
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answered on Oct 9, 2024

Accessing someone’s private accounts without their permission can lead to legal issues. Even if she initially shared her password, using it after a breakup might be viewed as unauthorized access depending on the circumstances and local laws.

You could potentially face charges related to...
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1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Q: If I was sentenced on the same cause number more than once that's Double Jeopardy right
James L. Arrasmith
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answered on Oct 2, 2024

Experiencing multiple sentences for the same case can be confusing and distressing. Double jeopardy is a legal principle that prevents you from being tried or punished more than once for the same offense. If you've been sentenced more than once for the same cause number, it might fall under... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Indiana on
Q: Is telling your attorney that they have acted incompetent a reason for them to quit? He hasn't filed with the Court

I am having quite the hard time finding an attorney that is willing to take my case on Mid Stream

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2024

Without knowing anything about your case or your attorney's performance on it, it's possible your words made your attorney apprehensive about further work on the case. Whatever the case might be, you could continue your efforts to find a replacement attorney, supplementing your searches... View More

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1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Indiana on
Q: What can I do if community corrections threatens me with police presence then my po threatens me with revocation
James L. Arrasmith
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answered on Sep 12, 2024

When community corrections or a probation officer threatens you with police presence or revocation, it's important to stay calm and understand your rights. Make sure you know the specific conditions of your probation or parole, as well as any recent accusations or violations they may be... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Q: Can local police in state A go to a county judge in state B to obtain a search warrant against a resident of state B?
James L. Arrasmith
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answered on Sep 8, 2024

When dealing with law enforcement across state lines, the process for obtaining a search warrant can be complex. Generally, police in one state (State A) cannot directly go to a judge in another state (State B) to obtain a search warrant against a resident of State B. Jurisdictional boundaries... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Q: My conviction was for battery only not domestic battery or domestic violence yet my CCW was revoked. Is this right?

I was deemed an improper person even though the conviction wasn’t domestic, from what I’ve read and been told this isn’t correct.

James L. Arrasmith
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answered on Sep 8, 2024

It sounds frustrating to have your Concealed Carry Weapon (CCW) permit revoked, especially if your conviction was for battery and not specifically domestic battery or domestic violence. Generally, revocations for CCW permits are tied to convictions that fall under specific legal categories, such as... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Indiana on
Q: HOW DO YOU IMPEACH AN OFFICER(SHERIFF OF GRANT COUNTY)? ALSO PRESS CHARGES ON GRANT COUNTY MARION POLICE STATION?

CORRUPTION IC 33-33-6-2 ON GRANT COUNTY SHERIFF'S DEPARTMENT AND MARION POLICE DEPARTMENT. MARION POLICE DEPARTMENT FAILURE TO DO JOBS LOOKING INTO PERSON RESPONSIBLE FOR A VIOLENT CRIME ON 2\14\2023 THAT LEAD TO MY MOMS DEATH (xxx) ON 4\2\2024 WITHOUT INVESTIGATION ON THIS VIOLENT CRIME!?... View More

James L. Arrasmith
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answered on Sep 7, 2024

To impeach a sheriff in Grant County, Indiana, you generally need to follow legal and legislative procedures. Typically, this involves filing a formal complaint with evidence of corruption or misconduct to the appropriate authorities, such as the county council or prosecutor's office. You may... View More

2 Answers | Asked in Constitutional Law, Federal Crimes, Gov & Administrative Law and Wrongful Death for Indiana on
Q: Is there any legal action that can be taken in a school shooting incident?

Aside from the obvious criminal trial of the shooter(s) is there something else? I am a high school student and I am very worried about a ss happening. So I would like to be as prepared as possible if the event arises. I was wondering if there were a way to go after the government. like could you... View More

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2024

As my colleague points out, governments are generally covered by the doctrine of sovereign immunity. In terms of more immediate and direct steps, it could depend on what measures are already in place in terms of security. Good luck

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Q: If a cop pulls you over can they take your car if they think the car bought with money from drugs?

I know that if you have money or a possession, a cop can take it if they think it came from drugs, even if there's no proof you've ever come in contact with them. They can take your possessions without due process. just wondering

Charles Candiano
Charles Candiano
answered on Sep 20, 2024

The police can "seize" property if there is probable cause that the property was acquired with money from the sale of drugs or if the property was used in the sale of drugs but the police cannot "take" the property. You still own it. If the prosecuting attorney determines... View More

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1 Answer | Asked in Civil Rights, Criminal Law, Constitutional Law and Gov & Administrative Law for Indiana on
Q: I am in need of an attorney to represent my son in both level 2 and level 4 dealing charges and also civil rights suit

He is a victim of prosecutorial misconduct out of retaliation for refusing to sign a 3 year sentence plea agreement. He claimed his innocence and was found not guilty after the second jury trial on an intimidation charge with dangerous weapon a level 5 felony. He has an extensive criminal history... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like your son is in a challenging legal situation, and securing the right attorney is crucial for his defense. Given the complexity of his case, including the prosecutorial misconduct, alleged retaliation, and the serious charges he's facing, you need an attorney with experience in... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: I'm listed as 5'10 and 260lbs,reality is I'm over 6'4 about 190. Also my middle is incorrect. Can case be dismissed?
John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If the identity of the individual who committed the crime is in dispute, the discrepancy in the physical description could be powerful evidence in securing an acquittal. But, standing alone, that is not strong enough to secure a pretrial dismissal in the absence of other evidence that they... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Indiana on
Q: If the Police are lying about what is in their records, can a Lawyer make a Police Department show their records?
James L. Arrasmith
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answered on Jun 10, 2024

If the police are lying about what is in their records, a lawyer can help you request those records. This is often done through a process called discovery, where both sides in a legal case must share information. In many places, there are also public records laws that require government agencies,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Indiana on
Q: Hello, can someone help me determine what the tolling period would be in a civil rights action against a corporation

This case has been ongoing since January 12, 2021. Does the tolling period begin when the case is dismissed, or when the indictment is filed? This case will be dismissed on August 8, 2024. Is there different tolling when the defendants are employees of a company, rather than state actors, police... View More

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answered on May 1, 2024

In civil rights actions, the tolling period, which pauses the statute of limitations, often starts when the underlying criminal case is resolved favorably for the plaintiff. This is grounded in the principle set by the Supreme Court in Manuel v. Joliet, which requires that a wrongful conviction or... View More

1 Answer | Asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana on
Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More

James L. Arrasmith
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answered on Apr 17, 2024

In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for Indiana on
Q: Someone who commits battery against a person w/ c.ptsd disability then reports disabled person could be charged w/what?

After a verbal insult he lunged 2 grab me puts me in headlock smashing face/nose where I heard nose crunching, & couldn't scream breathe as he's twice my sz. in attempts to free myself he sustained 2 minor scratches yet he reported it & had me arrested for battery while I, in... View More

James L. Arrasmith
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answered on Mar 9, 2024

Based on the information you provided, it seems that you may have a valid self-defense claim against the battery charges. In many jurisdictions, individuals have the right to use reasonable force to protect themselves from imminent harm. Given that the other person initiated physical contact by... View More

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