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Indiana Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Release timing from jail with pending bond revocation decision?

My boyfriend was out on bond for drug charges and was later arrested for breaking a separate protective order. He received a $500 bond, pending bond revocation in the drug case, but no action has been taken regarding the bond revocation. He was arrested on March 25th for invasion of privacy, had... View More

James L. Arrasmith
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answered on Apr 12, 2025

If no action has been taken regarding the bond revocation in the drug case, your boyfriend could potentially be released after posting the $500 bond for the protective order violation, as long as there are no other holds or issues with his case. Since he was given a bond for the invasion of privacy... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: When will my boyfriend, arrested for breaking a protective order, be released from jail in Indiana?

My boyfriend was out on bond for drug charges, but then got arrested for breaking a protective order that is not related to the drug charges. He was given a $500 bond pending bond revocation in the drug case, but nothing has been filed regarding the bond revocation. Counting the day of his arrest... View More

James L. Arrasmith
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answered on Apr 12, 2025

If your boyfriend was arrested for breaking the protective order and given a $500 bond, he could potentially be released once the bond is paid, provided there are no other issues preventing his release. Since his bond for the protective order violation is set, and the bond revocation for the drug... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Why might an attorney contact me if I'm on probation ending in June?

I am currently on probation, which is scheduled to end in June. I am supposed to receive a letter from an attorney, but I don't have any indication that it's related to my probation, and there hasn't been any incident or violation of my probation terms. I haven't received the... View More

James L. Arrasmith
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answered on Apr 12, 2025

If an attorney is contacting you while you're on probation, there could be several reasons, even if you haven't violated any terms. It’s possible that the attorney is reaching out about a routine matter related to your case, such as your upcoming probation termination in June.... View More

1 Answer | Asked in Employment Law and Business Law for Indiana on
Q: Can a privately held company deny employee access to board meeting minutes?

I work as a registered nurse at a privately held company that is not being transparent about its potential closure. If I request the meeting minutes from the board meeting where this topic was discussed, is my company legally allowed to deny my request? There have been no past instances of similar... View More

James L. Arrasmith
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answered on Apr 12, 2025

In a privately held company, board meeting minutes are generally not considered public records and may not be accessible to employees unless explicitly granted by the company. As a registered nurse, you may not have an automatic right to request these minutes unless it’s part of your job... View More

2 Answers | Asked in Probate, Real Estate Law and Tax Law for Indiana on
Q: Guidance on notice under IC 6-1.1-25-4 for deceased owner in Indiana tax sale.

I've purchased a certificate at a tax sale in Indiana, and my title search revealed that the property owner is deceased. I need guidance on how to proceed with giving notice under IC 6-1.1-25-4, especially when no information about the estate or potential heirs was found in the title search.... View More

Anthony M. Avery
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answered on Apr 6, 2025

You will need an IN attorney to file a quiet title action and to extinguish redemption rights. Service on heirs should be by a publication order.

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1 Answer | Asked in Criminal Law for Indiana on
Q: OWI charge in Indiana not scheduled within 20 days. Dismissal possible?

I was charged with OWI in Indiana, and my initial hearing was not scheduled within the 20-day period required by Indiana Code Title 35, § 35-33-7-1. There has been no communication regarding this delay. Is this a reason for dismissal or some other legal action?

James L. Arrasmith
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answered on Apr 12, 2025

Under Indiana law, if a defendant is not brought to trial within 20 days of being charged with an OWI (Operating While Intoxicated), they may have grounds to request a dismissal. This rule is part of the statutory right to a speedy trial, which is designed to prevent unnecessary delays in the legal... View More

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can I stop my coparent's wife from attending our kids' appointments despite joint custody?

I share joint legal custody of my children with my coparent, and we had a verbal agreement that only he or I would attend our children's appointments unless it's an emergency. However, my coparent insists on bringing his wife to these appointments, which I feel is invasive and... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable that you’re feeling uncomfortable, especially when there was a verbal agreement in place. But because your custody agreement doesn’t limit who can attend your children’s appointments, there’s currently no legal ground to prevent your co-parent’s wife from being... View More

2 Answers | Asked in Traffic Tickets for Indiana on
Q: Can I reduce or drop a ticket for speeding 74 mph in 55 mph zone in Indiana?

Can I reduce or drop a ticket for speeding under Indiana Code 9-21-5-2(a)(2) for exceeding the maximum speed of 55 mph? I was driving 74 mph. This is not my first ticket, but it's my first for this year. There were no specific conditions like weather or traffic influencing my speed, and there... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 4, 2025

To answer your question will depend on a few factors. Are you a CDL operator, if so, it is very likely the prosecutor will tell you your only option is to pay the ticket or take it to trial. If you are not a CDL operator, it will depend on your record and which county your case is filed in.

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1 Answer | Asked in Child Custody, Criminal Law and Family Law for Indiana on
Q: Can I press charges for unauthorized recordings during visitations in Indiana?

I'm currently involved in a contentious custody battle regarding my 8-year-old son, for whom I only have 3 hours of visitation every Saturday in Indiana. I've discovered an audio recorder in my son's backpack that was used to record our visits, which his mother denies initiating,... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Indiana, it is illegal to record someone without their consent in most situations, including private conversations like those during your visitation. However, Indiana is a "one-party consent" state, which means that if one party to the conversation is aware of the recording, it may not... View More

2 Answers | Asked in Civil Litigation, Personal Injury and Contracts for Indiana on
Q: Should I sue a contractor for improper furnace installation leading to health issues?

In January 2017, we had a furnace installed, but in November 2017, the duct board fell and burned due to improper installation. My wife inhaled smoke from this incident, which we suspect may have contributed to her developing an autoimmune disease, as toxic fumes are known causes. Although no... View More

Charles Candiano
Charles Candiano
answered on Apr 4, 2025

I am not an HVAC contractor, but I don't understand how improperly installed ductwork could possibly cause a fire. If that happened, the installer would almost certainly file a third-party action against the manufacturer, thereby minimally tripling the cost of any suit. Beyond that, you... View More

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1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: How to legally officiate a wedding in Indiana as a Maine resident?

I live in Maine, and my friend wants me to officiate his wedding in Indiana. I will be attending as a guest and I am not a member of the clergy. What do I need to do to legally officiate his wedding in Indiana?

James L. Arrasmith
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answered on Apr 13, 2025

It’s great that you want to be a meaningful part of your friend’s wedding day. In Indiana, you don’t have to be a resident or part of a church to legally officiate a wedding. The law allows **any person ordained**—including through an online church—to perform marriage ceremonies. That... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: Can being overlooked for a promotion due to lack of a degree be considered discrimination?

I have worked for my company for 20 years and applied for an internal manager position. Despite being a seasoned leader, the company hired an outside candidate with a degree. I am currently back in college and feel unfairly overlooked as the company has previously promoted individuals without... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you feel overlooked, especially with your extensive experience and leadership within the company. However, being passed over for a promotion due to a lack of a degree doesn’t automatically qualify as discrimination. Companies often set specific qualifications for... View More

2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can "Fruit of the Poisonous Tree" be used as a defense for meth found after false gun report?

Someone falsely reported to the police that I had a gun. When pulled over, I fled because I was without a license. Although I did not have a gun, the police found meth in my truck's cooler. I'm charged with possession and intent to distribute, although there's no fingerprint or DNA... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 4, 2025

Likely not, had the police pulled you over simply because of the false allegation of a gun, you might have a good chance. However, because you fled, the discovery of the meth was likely as a result of a search incident to an arrest. The definitive answer will depend on the fine details of the... View More

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2 Answers | Asked in Bankruptcy, Legal Malpractice, Identity Theft and Consumer Law for Indiana on
Q: Found another person's sensitive info in documents scanned by bankruptcy attorney.

I recently discovered a document within my personal documents that were scanned by my bankruptcy attorney's office. The document contains another individual's personal information, including their birthdate and social security number. I haven't contacted the attorney's office... View More

Timothy Denison
Timothy Denison
answered on Apr 5, 2025

Return it to the attorneys office with your explanation as to how your received it and mention your concern about your privacy as well. Beyond that, you need do nothing else.

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2 Answers | Asked in Wrongful Death, Civil Litigation and Personal Injury for Indiana on
Q: What Indiana rule determines jurisdiction in a wrongful death case?

What Indiana trial court rule determines jurisdiction in a civil wrongful death case, especially if the decedent was killed in a different county than where she lived? The case is filed against an individual, and there are no other pending related cases.

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

You are really asking two separate questions. You are asking about jurisdiction (authority of the Court) and venue (the appropriate situs to bring the action). Jurisdiction is addressed in Rule 4.4 and venue is addressed in Rule 75. In your example, any state Court in Indiana would have... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Indiana on
Q: Is it a violation of my rights for probation to be held open for 10 years with no new charges?

I was on probation in one county in Indiana and was supposed to start probation in a second county after dealing with an incident involving an officer who was drinking on the job. I was charged with resisting law enforcement but found not guilty. Although I've had no new charges for the past... View More

James L. Arrasmith
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answered on Apr 7, 2025

It sounds like you've been facing a very challenging situation with your probation. While there are no strict limits in Indiana regarding how long probation can last, generally, probation should be tailored to help individuals reintegrate into society. If you've had no new charges or... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: How can I address missing video evidence and false allegations in my Indiana criminal case?

I am currently involved in a criminal case, and I believe that key video evidence was not presented correctly. The video in my possession has missing parts, which I suspect were excluded to cause prejudice or confusion. Additionally, the plaintiff has made false allegations against me. I cannot... View More

James L. Arrasmith
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answered on Apr 12, 2025

If you believe that video evidence has been tampered with or presented incorrectly, you should bring this issue to the attention of the court. You can request an evidentiary hearing to review the video and any discrepancies. If possible, provide a copy of the video you have, highlighting the parts... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Indiana on
Q: Can a township in Indiana force sewer fees if I don't hook up?

Can a township in Indiana require me to pay sewer fees even if I choose not to hook up to the existing sewer system because I have a working septic tank? We have received official communication regarding the fees, but we cannot afford to hook up to the new sewers.

James L. Arrasmith
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answered on Apr 13, 2025

In Indiana, townships or municipalities typically charge sewer fees to property owners connected to the public sewer system. These fees help cover the costs of maintaining and operating the sewer infrastructure. However, if your property is not connected to the sewer system and you continue to use... View More

2 Answers | Asked in Criminal Law, Child Custody and Family Law for Indiana on
Q: Facing Level 6 felony charges for alleged kidnapping despite having permission proof from custodial parent.

I am facing accusations of kidnapping and have been charged with two Level 6 felonies because someone claims I took my daughter across state lines without permission. However, I have Facebook messages proving I had permission from my daughter's custodial parent to take her. How should I... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 31, 2025

Make sure you take screenshots of the FB messages so they are not deleted or lost. You should also hire an attorney or request a public defender and give then the FB messages.

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1 Answer | Asked in Juvenile Law and Family Law for Indiana on
Q: How can a 17-year-old minor in Indiana obtain legal forms for emancipation due to neglect?

I am a school employee assisting a 17-year-old minor in Indiana who is seeking emancipation due to neglect and being required to babysit full-time. She plans to move in with her older sister, who is aware of the situation and can support her financially, while the minor looks for employment after... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Indiana, a 17-year-old minor can petition the court for emancipation if they can prove that they are capable of supporting themselves and managing their own affairs. To begin the process, the minor will need to file a petition for emancipation in the local juvenile court. The petition should... View More

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