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Indiana Questions & Answers
1 Answer | Asked in Immigration Law for Indiana on
Q: I am a United Kingdom citizen with an ESTA visiting my US citizen girlfriend want to get married now

Is it possible to get marry while I am in the USA now on an ESTA (Electronic System for Travel Authorization)

James L. Arrasmith
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answered on Jan 14, 2024

Yes, you can get married in the United States while visiting on an ESTA. The ESTA allows you to enter the U.S. for tourism, business, or while in transit, and getting married falls under personal activities allowed during your stay.

However, you should be aware that the ESTA does not change...
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1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got pulled over for not using a turn signal leaving my driveway

Do you have to use a turn signal leaving your own driveway

T. Augustus Claus
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answered on Jan 12, 2024

In Indiana, as in many other states, the specific requirements for using a turn signal depend on the circumstances. Generally, when driving on public roads, it is advisable to use your turn signal when making a turn or changing lanes to indicate your intentions to other drivers. However, the... View More

1 Answer | Asked in Traffic Tickets for Indiana on
Q: In 2020, I got a warning for speeding in Indiana and today I got a speeding ticket due to that warning.

Can I plead not guilty since the warning was issued over three years ago?

Andrew L. Bennett
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Andrew L. Bennett
answered on Jan 8, 2024

If the ticket was filed more than 2 years after the infraction offense date then the State has blown the statute of limitations and the case should be dismissed.

3 Answers | Asked in Immigration Law for Indiana on
Q: NJ-licensed attorney here, may I operate an Immigration Law (federal law) practice in Indiana w/o bar transfer procedure

NJ attorney, want to open a practice in Indiana, wondering whether I need to go through the formal UBE transfer process and get licensed in Indiana OR because Immigration law is federal law may I bypass this process?

Ghenadie Rusu
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answered on Jan 8, 2024

Yes, as an attorney licensed in one state, you are permitted to practice immigration law anywhere in the United States, including opening a solo practice in a different state. You have to make sure you comply with all legal and ethical requirements (Strictly Federal Matters, No State Law). There... View More

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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 Family Law, Social Security and Tax Law for Indiana on
Q: For a single person on disability, would they be able to claim a child on taxes and get more than what they put in?

Going through a divorce and wondering if the amount could change for someone on disability if they claimed 1 vs 3 kids on their tax return.

How is this split best handled when custody is split evenly?

James L. Arrasmith
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answered on Jan 7, 2024

For a single person on disability, the ability to claim a child on taxes and potentially receive more in tax benefits than what they put in depends on several factors. These include their income level, the amount of Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) they... View More

1 Answer | Asked in Personal Injury for Indiana on
Q: How do I fire my present personal injury lawyer for improper billing
Tim Akpinar
Tim Akpinar
answered on Feb 4, 2024

An Indiana attorney could advise best, but your question remains open for five weeks. Generally, clients are free to fire attorneys, and vice-versa. However, that doesn't mean that a lien wouldn't arise, depending on efforts expended to date. One option could be to first discuss the bills... View More

1 Answer | Asked in Consumer Law for Indiana on
Q: I am a customer of Mr Cooper/Nation Star and receiver of notice from said company ,that my information was breached. Ind

State of residence Indiana

James L. Arrasmith
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answered on Jan 6, 2024

If you've received a notice from Mr. Cooper/Nation Star about a breach of your personal information, it's crucial to take immediate action to protect yourself. First, monitor your financial accounts closely for any unusual activity. It's wise to consider placing a fraud alert or a... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: Options if home purchase and less than six mths later find there is mold, water damage, etc?

My daughter purchased home in June 2023. Within a couple months, found there was mold and water damage, little to no insulation and issues w the siding. The inspector did not note any of this. Insurance is only paying a portion, and she and her husband will be out of thousands. What are her... View More

Michael Ray Smith
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answered on Jan 4, 2024

I'm sure you were looking for something more helpful than this, but to get an answer to your question, your daughter needs to call an attorney, preferably one who handles a lot of residential real estate matters.

1 Answer | Asked in Domestic Violence for Indiana on
Q: I’m a victim of domestic and filed for PPO. I’m also a felon with drug case from 2008. Can I purchase a gun to protect m
T. Augustus Claus
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answered on Jan 3, 2024

In the United States, federal law prohibits individuals convicted of felony offenses, including drug-related felonies, from purchasing or possessing firearms. This restriction extends to individuals subject to domestic violence protection orders.

If you have a felony conviction from 2008,...
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1 Answer | Asked in Contracts and Small Claims for Indiana on
Q: If someone wants to borrow money & OFFERS an interest rate higher than state max, can I accept it w/o usury concerns?

Indiana State max interest on loans is 21% per annum, but I would not be stipulating, requiring, or requesting the interest. I would strictly be accepting an offer made voluntarily. For example, someone wants to borrow $100 for a week and offers to repay $110. Can I accept this without running... View More

T. Augustus Claus
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answered on Jan 3, 2024

In Indiana, the maximum allowable interest rate on loans is regulated by state usury laws, and exceeding these limits can result in legal consequences. While state law may set a maximum interest rate, it's generally applicable to contractual agreements. If the borrower voluntarily offers a... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Is an appeal the right way to go? And if so, what should I base the brief on?

Missed hearing- court clerk gave invalid proceduresfor covid when i called and asked what their courts protocol was(like indybar and depthealth websites state/had representation that I never received counsel from. I had evidence of breach from landlord within 30 days, retaliation claim. And... View More

James L. Arrasmith
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answered on Jan 2, 2024

Filing an appeal can be a valid course of action if you believe that legal errors affected the outcome of your case. In your situation, where there were procedural issues like being given incorrect information by the court clerk and challenges with your representation, these could form the basis of... View More

1 Answer | Asked in DUI / DWI for Indiana on
Q: What does OMNB form mean in court?

It was a motion filed and I’m not sure what exactly that means

Andrew L. Bennett
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Andrew L. Bennett
answered on Jan 3, 2024

It looks to be an abbreviation for onmibus which is a hearing date that is a deadline date for filing certain motions and defenses. You should discuss this with your attorney.

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Business Law for Indiana on
Q: The correct entity name to be registered with SOS Indiana

For asset protection and Tax minimisation purposes, for rental properties in Indiana that is owned by a Series LLC (ie. Example LLC - Scenario Series) formed in Texas, should the full series entity name (ie. Example LLC - Scenario Series) be registered with Secretary of State Indiana for foreign... View More

James L. Arrasmith
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answered on Jan 3, 2024

In your case, dealing with a Texas Series LLC owning rental properties in Indiana, the registration with the Indiana Secretary of State (SOS) requires careful consideration. The Series LLC structure is unique in that it allows for separate series or cells within a single LLC, each with its own... View More

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Can we break a 9 year "Lease With Option to Buy" contract to relocate for a current employer?
Tim Akpinar
Tim Akpinar
answered on Jan 9, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney to review your lease with you in detail, you could repost and add Landlord-Tenant as a category. More attorneys with insight into such matters could see your... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Indiana on
Q: My GI doctor marked two boxes on my pre-screen for sedation before my scope procedures that is false information.

The boxes marked were intolerance to sedation previously and chronic benzodiazepine and narcotics. These are absolute lies. There were no adverse effects from previous scopes only a year prior and no drug use of any kind, besides tobacco, is on any of my medical history. Why would he mark these... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Indiana, if a medical professional inaccurately marks your medical records, it can raise serious concerns, particularly if it affects your care and safety. The reasons for marking those specific boxes on your pre-screen for sedation as intolerance to sedation and chronic use of benzodiazepines... View More

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Indiana on
Q: If someone witnessed her boyfriend beat up his mother & police were to be called but upon arrival the fight was over.

Mother wouldn't admit what happened nor would press charges either because she was afraid or because he was her son & didnt want to get him in trouble but signs were visible of fresh wounds. He has also been on house arrest for several years for drugs but about done with his time. Is there... View More

Charles Candiano
Charles Candiano
answered on Dec 30, 2023

Whether anyone is charged with a crime in the state of Indiana is within the sole discretion of the County prosecutor and his/her deputies. On your facts, your testimony would be sufficient to charge the offender and probably sufficient to convict him. That said, many prosecutors will refuse to... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: We have full custody of my step daughter. Bio mom lost all rights. We placed a restraining order (pending court) against

her after an incident of her showing up at our house for the second time, so she can not come onto our property. In return she filed a restraining order on bio dad who has full custody and she filed it against the daughter to try to make it where he cannot be around her legally, even though he has... View More

Robbin Trowbridge Benko
Robbin Trowbridge Benko
answered on Jan 4, 2024

Hi ~ I'm a bit confused and need some answers from you so that I can properly address your concern.

What were the grounds Bio mom stated for needing a protective order? What parenting time, if any, does bio mom have? I don't understand how a protective order can be against dad...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Someone walked into BMO bank and forged a withdraw slip in another state for $16600 from savings. Runaround from bank

We live in Plainfield Indiana and Dec 12 a man went into a Chicago BMO bank and forged our name and took $9300 out of my moneymarket acct and the next day went to another BMO branch in Chicago and took $7300 out in the drive through. We called police on Dec 14 and papers filled out at bank here in... View More

Jeff Cardella
Jeff Cardella
answered on Jan 6, 2024

I would suggest speaking to the prosecutor's office in Hendricks County, Indiana to get an update on the case. I would also speak with the bank directly to dispute the account activity. If you do not have luck with the prosecutor's office or the bank, you may want to consider speaking... 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

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