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Indiana Gov & Administrative Law Questions & Answers
0 Answers | Asked in Gov & Administrative Law and Municipal Law for Indiana on
Q: Can on duty municipal police act as deputies outside of their municipal jurisdiction?

I was stopped well outside of municipal jurisdiction in an unincorporated area. I was stopped by a municipal officer. When I challenged his jurisdiction he claimed he was now acting as a deputy. When I asked if he had any deputy credentials, he said he wasn't required to have them. He issued... 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

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Indiana on
Q: I got a ticket for a suspended license officer wrote previous owners info on ticket, can they charge me after the fact

I bought my truck from an individual seller and I got pulled over before I got it registered and I have a suspended license, the officer wrote a ticket for the suspended license but put all the previous owners information on the ticket and not of my information, can they go back and charge me with... View More

Joel D. Hand
Joel D. Hand
answered on Mar 4, 2024

Yes. The ticket itself is not the actual charge until it is reviewed and filed by the prosecutor's office. The prosecutor's office may catch the difference and file the charge correctly. Even if they don't, the prosecutor has the ability to dismiss and re-file the charge with the... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Indiana on
Q: As an out of state resident, can a person 18-21 privately purchase and apply for a CCW for a handgun?
James L. Arrasmith
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answered on Jan 18, 2024

Unfortunately, based on Indiana law, it does not appear that an 18-21 year old non-resident would be able to privately purchase a handgun or obtain an Indiana concealed carry permit. Here are the key reasons:

• Private handgun purchases - Federal law prohibits federally licensed firearms...
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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 Criminal Law, Real Estate Law, Land Use & Zoning and Gov & Administrative Law for Indiana on
Q: IN Law: Is a school that’s been abandoned 10+ years still considered “school property” ?
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answered on Dec 28, 2023

In Indiana, the status of a property as "school property" is typically determined by its legal designation and ownership, rather than its current use. If a school has been officially abandoned and is no longer owned or maintained by an educational institution, it may no longer be... View More

1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: if i was referred to a company to install a grease trap but my license was expired am i in trouble

i was an apprentice with assistance from a licensed journeyman

James L. Arrasmith
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answered on Dec 21, 2023

In Indiana, working on a project like installing a grease trap typically requires a valid license. If your license was expired at the time of the job, this could potentially be a problem, especially if licensing is a legal requirement for the work performed.

However, since you mentioned you...
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1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: what if i was referred to a business to install a grease trap but my plumbing license was expired

i was an apprentice with the help of a licensed journeyman

James L. Arrasmith
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answered on Dec 21, 2023

In Indiana, performing plumbing work without a valid license can lead to legal and professional consequences. It's essential to ensure your license is current before undertaking any plumbing projects, especially ones like installing a grease trap which require specific expertise.

If...
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1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: I purchased a vehicle through an auction with an abandonedvehicle titlepacket for IndianaBMVafter 3 attempts i need help

I have sent in my packet 3 times and every time they find a separate issue with my forms. They are now saying i need a form that requires the auctioneer along with tow company and my info and signatures to be re filled out. I don't have the contact info for these entities. Can I have a lawyer... View More

James L. Arrasmith
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answered on Dec 2, 2023

Dealing with title issues for a vehicle purchased at auction can be complex, but there are steps you can take to resolve this. First, try to obtain the contact information for the auctioneer and the tow company. This information might be available through the auction house or any documentation you... View More

1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: I was married back on June 29, 2014 and just recently found out that our marriage license was never filed with the State

In a church setting. How do we remedy this???

T. Augustus Claus
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answered on Oct 16, 2023

To remedy the issue of your unfiled marriage license in Indiana, contact the clerk's office in the county where you were married. They will advise you on the steps you need to take to file your marriage license and obtain a certified copy of your marriage certificate. For personalized legal... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Indiana on
Q: Our Indiana town has a mandatory registry for contractors. Is it legal for the Town to fine either a non-complying

contractor or the homeowner for whom they are working? Is it legal under State law?

T. Augustus Claus
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answered on Sep 14, 2023

The legality of fines imposed by an Indiana town for non-compliance with contractor registration hinges on the town's specific ordinances and regulations. Indiana state law allows municipalities to establish their own rules regarding contractor registration and penalties. These fines are... View More

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Indiana on
Q: I was in the process of moving to Indianna from Illinois and while traveling to Illinois in a gas station parking lot

I hit the gas peddle and not the break by mistake while parking my car. I am being charge with Indiana Statute 9-30-5-2(a) & (b).

I need to change my driver's license from Illinois to Indiana to include my redencey. Can I still change my car title, DL etc and my redency to... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 9, 2023

Yes, go change your license to Indiana sooner than later. The court should not suspend your license until the initial hearing, therefore the BMV should not know of the offense. If you do not change your license, and are convicted Illinois will suspend/revoke your license and it will be... View More

1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: How does a religious leader go about getting their institution of religion on this list?

I am the Pope of the Luciferian religion.

T. Augustus Claus
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answered on Aug 4, 2023

To get your institution of religion on the list in Indiana, you should reach out to the Indiana Secretary of State's office or the appropriate government agency responsible for maintaining the list of recognized religious organizations. Provide them with the necessary documentation and... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Indiana on
Q: In the state of Indiana do police officers have the authority to place you on a permanent ban from city/state property
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answered on Jul 21, 2023

In Indiana, police officers generally do not have the authority to permanently ban individuals from city or state property on their own. Decisions regarding access to public property are typically governed by local laws, ordinances, or policies established by the relevant government entities.... View More

1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: I want to install a LED 3D fan on the front of my Segway. Would this be legal in the state of Indiana?

3D Hologram LED Fan: A LED Fan that is rotating at very high speed creates an image in midair of the incredible three-dimensional effect.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2023

An Indiana attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney as to whether such an installation is legal (there's a lot of emerging technology that local statutes are not always able to keep up with), it could become... View More

1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Indiana on
Q: May I run a massage therapy business in my home, if I live in Marion county, indianapolis, Indiana, 46241
Michael Ray Smith
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answered on Nov 26, 2022

I cannot answer your question off the top of my head, but the two areas of possible concern:

(1) Are Indiana massage therapists, in general, subject to laws that would prohibit you from practicing in your home? Sources of possible restrictions include the provisions of the Indiana Code...
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1 Answer | Asked in Banking, Business Law and Gov & Administrative Law for Indiana on
Q: There are references like "As added by P.L.14-1992, SEC.163." in IC. What does this mean and where can I find the text

Searching old Indiana Code and can't find anything. Example - IC 28-13-10-1 references the above. IC 28-7-1-16(d) and IC 28-13-10-1(b) are similar except the latter states "Unless the articles of incorporation or bylaws provide otherwise...." I need to find which IC controls, if... View More

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answered on Mar 8, 2022

What does that mean? Once a bill is passesd by the General Assembly, it is called a Public Law and assigned a number. P.L. 14-1992 Sec. 163 refers to Section 163 of Public Law 14 signed by the Governor in 1992, but that's about all you can tell from the number. Public Laws are difficult to... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Indiana on
Q: Can an Indiana Chief Deputy Prosecutor be charged/prosecuted for a murder he/she committed prior to becoming a CDP?
Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 8, 2022

Yes; their status as a prosecutor does not give immunity to murder charges and there is no statute of limitations on when charges for murder can be filed.

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