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Indiana Gov & Administrative Law Questions & Answers
1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Traffic Tickets for Indiana on
Q: Why are people in Indiana being cited for not having gun permits despite permitless carry law?

I live in Indiana, where permitless carry was passed into law at least two years ago. Despite this change, individuals are still being cited during traffic stops for not having a gun permit, despite only being stopped for minor infractions such as speeding. Why is this happening?

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 11, 2025

Where are you getting your information on the people being cited; I would be interested to see the cases specifically. My guess, is there person being cited may not be a "proper person".

0 Answers | Asked in Child Custody, Family Law and Gov & Administrative Law for Indiana on
Q: What can I do about false DCS allegations leading to child removal in Indiana?

I'm dealing with a case in Indiana where the Department of Child Services (DCS) removed my children from my home based on false allegations. The primary issue cited was a failed drug screen. DCS claimed I was homeless, appeared intoxicated when picking my child up from school early, and lacked... View More

0 Answers | Asked in Gov & Administrative Law for Indiana on
Q: Can a person serve on Soil & Water Board & Redevelopment Commission in IN without violating Dual Office Holding Rule?

I am the chairperson of an Indiana County Soil and Water Conservation District Board of Supervisors, and we need to recruit a new supervisor to fill a recently vacated position. A strong candidate is currently serving on the county's Redevelopment Commission (RDC). Can he serve on our board as... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Indiana on
Q: Will my new husband be affected by my federal debt garnishment after marriage?

I am getting married, and my paycheck is currently garnished due to a federal debt from a crime committed in 2007. We live in Indiana, and the judgment was made in Virginia. We do not plan to have joint bank accounts with my new husband. Will his income or assets be subject to garnishment after we... View More

0 Answers | Asked in Gov & Administrative Law for Indiana on
Q: Can Indiana volunteer fire departments charge for water?

I'm looking for information on existing laws in Indiana regarding whether a volunteer fire department can charge for water.

0 Answers | Asked in Energy, Oil and Gas, Gov & Administrative Law and Land Use & Zoning for Indiana on
Q: Could being a solar farm backer and cooperative director be a conflict of interest in Indiana?

In Indiana, a person who has been a spearheader, organizer, and possible financial backer for solar farms in the area is applying to become a director of the local electric cooperative. The cooperative’s bylaws require disclosure of any conflicts of interest, but the applicant answered that they... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Indiana on
Q: Prosecutor summons for address after providing name and phone number - Indiana

What can I do if a prosecutor summons me to court for additional information, specifically an address, after I have already provided a name and phone number as requested? I have not received any legal documents beyond the summons, and I feel I shouldn’t have to give more personal information when... View More

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Gov & Administrative Law for Indiana on
Q: Clarification needed on unexpected lifetime parole after completed sentence.

I signed a plea agreement that did not mention lifetime parole. After serving my sentence, I was released from probation and told by probation that I was finished. However, nearly a year later, parole informed me that I was on lifetime parole, which prevents me from living with my wife and kids.... View More

0 Answers | Asked in Gov & Administrative Law for Indiana on
Q: How long can I drive with my Florida license in Indiana temporarily?

I have a Florida driver's license, and my stay in Indiana is temporary. How many days can I drive with my Florida license before needing to change it?

0 Answers | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Indiana on
Q: How can I find a lawyer to sue the Indiana BMV for false insurance charges?

I want to sue the Indiana BMV for falsely charging me with no proof of insurance while I was in a company truck, leading to a conviction made without my presence. This situation has severely impacted my life and devastated my family, coinciding with the week I purchased my first home. Despite... View More

0 Answers | Asked in Traffic Tickets and Gov & Administrative Law for Indiana on
Q: Wrong court date notifications and failure to appear arrest.

In October 2024, I was pulled over for a 'non-working' tail light, and the officer claimed my driver's license was suspended. I received a ticket with a December 5th court date at 9 a.m. in the county where the incident occurred. However, notifications later indicated my court date... View More

0 Answers | Asked in Estate Planning, Elder Law and Gov & Administrative Law for Indiana on
Q: Is the durable POA for my sister, signed in 2016, valid as is in Indiana?

My sister, Lois Haywood, signed a durable Power of Attorney (POA) with me in 2016, which states it is effective immediately. She is 74, resides in independent living at Silvercrest, and has issues with mental instability, including past hospitalizations and attempts to commit suicide. Silvercrest... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Indiana on
Q: Indiana code for addressing clergy misconduct in jails

I am putting together a PREA compliance course for jail visitors and am focused on clergy members who might overstep and violate inmates' PREA rights. There is currently no existing protocol for dealing with these situations since the jail is not yet PREA compliant. I am looking for an Indiana... View More

Q: How to recover bond money after completion of court proceedings due to revocation issues without proper attorney support?

I had transportation issues that prevented me from attending a court hearing, which my public defender was aware of. As a result, my bond was revoked, and I spent 45 days in jail without any contact from my attorney. My daughter repeatedly tried to communicate with the public defender through... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Small Claims for Indiana on
Q: Locked up for "your own good" but you were not threating harm others or yourself. Cop discretion was wrong.

What would you do if you got locked up in the mental hospital for walking on broken safety glass. You were clearly not threating anybody or yourself. But since that's up to the cops discretion, you're left with no choice but to go with them as you're told there's voluntary... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2025

I'm really sorry you're experiencing this. It's important to reach out to a trusted attorney who can help you understand your rights and challenge any wrongful detention.

Consider contacting a patient advocate or a mental health organization for support and guidance through...
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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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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