Ask a Question

Get free answers to your Constitutional Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Indiana Constitutional Law Questions & Answers
1 Answer | Asked in Education Law and Constitutional Law for Indiana on
Q: Can the school force us to stand during the pledge of allegiance?

Due to recent events with the election and Trump winning, students have chosen to peacefully protest by sitting down during the pledge of allegiance. Today, 11/10, the vice principal came inside my classroom after the pledge of allegiance and stated that we will stand during the pledge and if we... View More

Paul Stanko
Paul Stanko
answered on Apr 16, 2017

The Vice Principal should discuss his policy with the school attorney. If you do get "written up", consult an attorney. While it seems futile to protest the election after the fact, that does not deprive you of the right to peacefully express yourself politically.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Constitutional Law for Indiana on
Q: I am married and have been for 12 1/2 years. I got pregnant by a man who came to the US illegally. We got a house togeth

He was abusive and left when i was 6 1/2 months pregnant and on bed rest. The rent was due and no food in the house. I had my son 5 weeks early. I tried to contact him. My son stayed hospitalized for 3 weeks. I tried to contact him. His sister told me it wasnt his problem that he moved back to... View More

Paul Stanko
Paul Stanko
answered on Oct 4, 2016

I don't understand why an illegal would seek paternity. Contact a family lawyer and fight it. Your husband is presumed to be the father because you had your child during your marriage.

1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Q: Can you help?

A family lets the police inside their house. They inform that this is just to introduce themselves. A police officer asked to use the restroom and on the way to the restroom he finds a closet full of marijuana. Is he able to make any arrests on the family or are they protected by the 4th amendment?

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

This sounds like an extreme case of "knock & talk". VERY suspicious! Can they arrest? Sure! Is there a 4th Amendment violation? Very possible. If charges are filed, depositions of the cops and a suppression motion are options.

1 Answer | Asked in Criminal Law, Constitutional Law and Probate for Indiana on
Q: My boyfriend violated his work release program by getting repeated violations.. What's next? What can we do? Lawyer?

Can he get a chance to go back to work release? House arrest? Something other than prison or jail?

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

Generally, a violation of one type of placement can result in a higher level of supervision. Work release may still be possible, but after repeated violations, house arrest seems unlikely. Jail or prison is quite likely.

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Indiana on
Q: How many warrants can cps get to come in your house and how often?

My family keeps calling cps to my home. The last time i made them get a warrant before i did anything. Well now not even a week since the last report was closed they are knocking again. Are they able to get another warrant again. I'm in indiana.

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

CPS can get a warrant any time they can convince a judge or magistrate to approve one. You should talk to an attorney about why your family is doing this.

1 Answer | Asked in Family Law, Constitutional Law, Probate and Real Estate Law for Indiana on
Q: Is it legal for a court to hold a hearing without me present or notified and have me removed from a residence

I was living with my grandmother she passed away my family members requested a court date they lied in court and said that I moved in after my grandmother's death the judge ordered me to be removedI was told I could not get my things and they were destroyed by being thrown in a dumpster I have... View More

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

You may have been deprived of procedural due process. Contact an attorney near you about filing a small claims action for your losses.

2 Answers | Asked in Constitutional Law for Indiana on
Q: Why do I need a license if it it a right. Backed by the Constitution of the United States of America?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 29, 2015

Because you have been reading hokum.

View More Answers

2 Answers | Asked in Constitutional Law for Indiana on
Q: In the Massiah v. United States affair. Why was Massiah under the 6th amendment. it clearly states that he had a lawyer.
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 18, 2015

One would necessarily have to read the case in order to answer this question. It is not a basic legal question but call for the attorney to spend time in answering it. Can you summarize the case? Can you read it yourself?

View More Answers

1 Answer | Asked in Constitutional Law for Indiana on
Q: do i need to file a cover sheet with a 1983 prisoner civil rights claim against the county jail

my girlfriend is in the county jail not recieving medical attention. She filing a 1983 civil rights claim in the southern district court. There are two formats. One a Civil Rights Claim the other a PRISONER 1983 civil rights claim. Since shes not in prison only jail does she need to use the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 6, 2015

Probably.

1 Answer | Asked in Constitutional Law for Indiana on
Q: why is the 22nd amendment important ?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 8, 2015

Because it sets a term limit for election and overall time of service to the office of President of the United States.

1 Answer | Asked in Constitutional Law for Indiana on
Q: Does the Legislators have the power to make a vote upon their religion?

I attended a public hearing of the topic 'HJR6'(at the time, now HJR3), and one of the legistlators made a comment after they made their vote on whether to pass the proposition on to the house, and she said "I would like to comment on why I voted for HJR6, I believe that god has us... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

You have not given enough basic facts and your question is confusing. This whole area of the law is quite complex, and yours is not just a basic question, but requires a heck of a lot of research to be able to answer.

1 Answer | Asked in Constitutional Law for Indiana on
Q: What factors might a court consider in determining the constitutionality of an ordinance?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

This is not a basic legal question, unfortunately it requires a lot of attorney time to answer, and we generally do not do that for free. Factors? There are many. Start studying.

1 Answer | Asked in Constitutional Law for Indiana on
Q: Who won the Texas v Johnson case?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

Read it. You can find summaries on the internet and probably even the whole opinion.

1 Answer | Asked in Constitutional Law for Indiana on
Q: Can lawful permanent residents vote in local and state elections?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 17, 2015

Have you gotten an answer to this question yet? You might try a simple internet search and start reading about this.

1 Answer | Asked in Constitutional Law for Indiana on
Q: Looking for a lawyer who wants a pro bono case of significant constitutional precedent re: pro choice issues
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

The attorneys on this forum are private attorneys who do not do pro bono work.

1 Answer | Asked in Constitutional Law for Indiana on
Q: Is it unconstitutional for a criminal court to have jurisdiction over any innocent person never charged with a crime?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

What are the facts? You gave none, so we cannot answer.

1 Answer | Asked in Constitutional Law for Indiana on
Q: Who first penned the phrase, "wall of separation between Church and State?"
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Do an internet search on this to get the answer.

1 Answer | Asked in Constitutional Law for Indiana on
Q: Is the Indiana Supreme Court wrong in there ruleing regarding public intox and the right to travel
Terrence Rubino
Terrence Rubino
answered on Jul 5, 2011

the supreme court ruled that if you are a passenger in a car and you are drunk then you can be prosecuted for public intoxication. the ruling simply follows the statute by determining that a car on the road is considered a public place.

1 Answer | Asked in Constitutional Law for Indiana on
Q: Does the Constitution's Fourth Amendment apply to the states under the Incorporation Doctrine?

If it does apply, does the entire amendment apply or just part of it?

Terrence Rubino
Terrence Rubino
answered on Jul 5, 2011

yes

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.