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Indiana Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: F6 cass County. $5000 cash onlyno reduction,chief prosecutor was PD in 2013 6years incarcerated venue laws bond laws

First offense domestic battery

strangulation. Higher then normal band requested by prosucution cause of knowing the defendant is there someone i can write the cass county judicial is playing by there own rules something needs done. They changed prosecutor but still same office still being... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Sep 20, 2018

You can ask the judge for a special prosecutor.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: Does the police have the right?

Do the police have the right to run my car’s tags if it’s parked at a residence ? 1:30am me and my son seen 2 police cars parked and talking, witch neither one was facing the roadway nor had there lights on, they soon pulled out as I pulled into a driveway, the cop asked me about my license... View More

Gary Kollin
Gary Kollin
answered on Aug 26, 2018

In general, there is nothing illegal about running a tag. Whether the police had a right to enter on your property is another question.

Generally the front yard has a limited expectation of privacy.

For instance, if the police knew your name, nothing prohibits them from running your...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can I sue the Police department narcotics department for drug raiding my house I wasn't person on the bodily warrant I

was arrested and put in jail for 4 days charged with a felony and mistometer, my lawyer got case dismissed for invalid search warrant, invasion of privacy. I was evicted charged 3000 for damages the 15 narcotics officers done knocking down doors and destroying house. I have been tuned down jobs,... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jul 13, 2018

It sounds like you may have a case, I would suggest the 'find a lawyer' feature on Justia to find an attorney in your area that handles suits against police, called 1983 actions. Also be mindful that you have a short window in order to put the department on notice, which I believe is 180... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: Did the police cross the line?

The police were called on my ex-wife because a neighbor’s kid said she hit him. They wanted to exam my 11 year old autistic son for sexual abuse when they were here. She said no but they had him take his pants off and examined him anyway, on the front porch of the apartment in plain sight of... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jul 13, 2018

It sure sounds like they did.

1 Answer | Asked in Traffic Tickets and Constitutional Law for Indiana on
Q: Are the black and white speed signs for commercial vehicles, therefor I don’t have to follow them in a private vehicle

private vehicle is my own personal car

commercial vehicle is a semi, taxi, limo, etc

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on May 8, 2018

The speed limit signs apply to all vehicles unless there is a specific truck speed, which would be posted below the posted speed limit sign.

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Landlord - Tenant for Indiana on
Q: What is considered a reasonable time when showing a house (to potential buyers) that is occupied by renters? M-F? wkend?

what is considered reasonable? is a Saturday or Sunday morning at 10am a reasonable time for the real estate agents to show a property if said property is currently being rented? is it legal for the tennants to only allow that it be shown M-F only?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 26, 2018

Unless you stipulated otherwise in the lease agreement, you can basically show the house whenever you want, provided that you give advance notice and the hours are reasonable. Having a showing during normal business hours is perfectly acceptable, weekday or weekend. Be nice about the process and... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Indiana on
Q: In Indiana isn’t it illegal for police to question a 9 yr old girl not allowing school to contact parents

Can parole & police search my home if a 9 yr old allows entry when homeowner isn’t home

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 6, 2018

Without knowing more fact and going simply on what you state it sounds like there are some constitutional issues. If this involves you, you should consider having a consultation with an attorney very soon.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Indiana on
Q: East side of Indianapolis,IN. Police refuse to charge or arrest. Can i demand the police to perform a citizens arrest?

Live on East side guetto of Indy but my husband i are proffesionals with no criminal record. Proud gun owners with license to carry. Earlier this year a guy(age 24) and 2 kids broke into the 3rd house down from mine. I witnessed the crime. Reported it. They came out and spoke to the 3 criminals and... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 27, 2017

Your options are to ask to speak to the supervisors of the officers or the chief of police. Another option would be to contact the prosecutors office and schedule an appointment to speak with a prosecutor. Have you also contacted the local media?

1 Answer | Asked in Criminal Law and Constitutional Law for Indiana on
Q: I'm 16 and my boyfriend is 20 if he gets me pregnant can he be charged with anything or go to jail.?
Paul Stanko
Paul Stanko
answered on May 11, 2017

The age of consent is 16. Just getting you pregnant would not be a crime.

1 Answer | Asked in Constitutional Law and Traffic Tickets for Indiana on
Q: Can you be pulled over in your driveway if you never saw the police officer, they never had on their lights or sirens.

Here is the rundown, I was a block from my home and pulling up to a stop sign, as I was approaching the stop sign I turned on my signal made a complete stop. Before proceeding I looked down and saw I did not have my wallet, I proceeded to turn and then make a immediate right(I signaled there was... View More

Paul Stanko
Paul Stanko
answered on May 20, 2017

Legal? Yes. The cop apparently had a valid pretext for initiating the encounter. You had every right to refuse to answer his questions.

1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Indiana on
Q: What can be done about my son feeling intimidated and anxious by a teacher that violated another students rights?

The teacher stopped the class and berated a student for not reciting the Pledge of Allegiance for about 20 min. Then punished him by not allowing him to participate in class. My husband was raised as a Jehovah's Witness. My son feels like he must say it or be ridiculed. It caused anxiety along... View More

Paul Stanko
Paul Stanko
answered on Apr 16, 2017

If you have complaints about a public school teacher, take it up with the school board.

1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Can I get charge with a domestic violence charge if my girl lied on me Sunday and Tuesday I run into the police th

They lock me up Tuesday because my girlfriend made a report Sunday. But they never issue a warrant I just ran into them then I had to talk to a detective I told I want a lawyer still lock me up out on bond I just hired my lawyer today!

Paul Stanko
Paul Stanko
answered on Feb 23, 2017

If you were arrested you can expect charges to be filed. Since you talked to a detective before getting counsel, you already made one mistake. Discuss your options with your attorney and follow his/her advice!

2 Answers | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: My friend just found out that he has a warrant in the State of Indiana but was never served?

It even says online that the papers were returned because no one was there to sign.

Paul Stanko
Paul Stanko
answered on Feb 8, 2017

The best thing to do is contact a criminal defense attorney who handles cases in that county. If there is an active warrant, or a pending case, the attorney can help your friend from there.

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1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for Indiana on
Q: Hi my name is cory i was wondering can cps come into a home without a warrant
John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Jan 16, 2017

Hello Cory. If CPS has an open case they can come and do a home visit. They do not need a warrant to enter they just need an open case file to do so. Now it does have to be during reasonable hours.

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.

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