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Indiana Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Indiana on
Q: Indiana on the affidavit for arrest if the police say they advised us of our Miranda rights , but never did.

On top of saying I made a statement and never did. With no bodycams on a knock & announce search warrant. What are my options

James A Hanson
James A Hanson
answered on Jan 30, 2023

Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.

The vast majority of warrants are "knock and...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: Why do Attorneys on this "FREE LEGAL HELP FORUM " website tell us "Not to talk about the details "

Don't talk about the details of our case? In my situation after 3 yrs and 2 attorneys and NEVER HAVE MY QUESTIONS BEEN ANSWERED!! NOT EVEN HERE!! My questions are basically about procedures in a criminal case in ELKHART INDIANA. HOME OF THE WOLVERINES!! #1 in wrongful convictions &... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: indiana rules When executing a knock and announce search warrant are bodycams excluded? Why?

The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why

James A Hanson
James A Hanson
answered on Jan 30, 2023

First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.

Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Indiana on
Q: What can I do if the judge and refused to let my husband show innocence and refused to let him speak at all in court

My husband was charged with a crime and the judge and prosecutor refused to let him show any proof of innocence at all and never once let him speak in court?? He got sentenced to 5 years and he has all the proof including a polygraph test given to him by a private investigator and 11 witness... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.

There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: I need a civil rights lawyer in Indiana to help with violation of civil rights and human rights being violated

Husband has many of his rights being violated including;

#2- freedom from discrimination

#3- right to life and safety

#5- freedom from torture and inhumane treatment-- not even anything but one little blanket during the Sub-Zero degrees no heat and there was snow on his bed.... Read more »

James A Hanson
James A Hanson
answered on Jan 26, 2023

There doesn't appear to be question posed, but the issues you are raising are issues that need to be discussed with an attorney actually handling the case.

If you husband has an attorney (retained or appointed) these are issues that need to be discussed with that attorney.

1 Answer | Asked in Products Liability, Civil Litigation, Civil Rights and Collections for Indiana on
Q: In the state of Indiana can a storage facility auction off your things without notice
John Michael Frick
John Michael Frick
answered on Jan 8, 2023

No, the storage facility must first send written notice via certified mail to the renter’s last know address.

1 Answer | Asked in Family Law, Tax Law, Civil Rights and Federal Crimes for Indiana on
Q: What's first step to prove that someone has power of attorney over me

I'm in fear for my life

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 7, 2022

If you are wondering about the IRS, you can look online for third party authorizations on your IRS online portal or you can call and directly speak to a rep. via 1-800-829-1040.

1 Answer | Asked in Divorce, Family Law and Civil Rights for Indiana on
Q: My ex wife, asked me to take her back. Two months later, and nearly $800roughly, she tells me about her girlfriend.

She promised me my family could be together and that our kids could be sisters again. I live in Indiana. Idk what I can do. If anything. She's very abusive and I could list the things I've gone thru that I have proof of. I have text messages of her promising me, not me asking her to... Read more »

Betsy Walits
Betsy Walits
answered on Oct 15, 2022

I no longer practice law and am only finishing up a few cases so I cannot assist you, I can only state basic principles.

I don’t understand the “$800 later”. If you only put 800 out of pocket consider yourself lucky.

If you want to sue her fraud you probably could, but the...
Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Indiana on
Q: In indiana how do I get a waiver to reinstate my driver's license

My license was suspended 2 years ago due to a criminal charge and lack of financial responsibility I've been pulled over and now here recently literally just in the parking lot almost of my employment and ticketed for driving law suspended the problem is I am so far in debt due to this covid... Read more »

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jul 26, 2022

Go to IN.gov and look up the BMV. There should be sample forms for waiver available.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: What are the rules of procedure when applying for and returning a knock and announce search warrant in indiana

When does an affidavit (probable cause) for search have to be filed with the clerk? When does the warrant have to be returned? If there's no affidavit of probable cause ever filed with the clerk EVER ..is that legal? Next if 10 months later a different cause number(ed) search warrant is... Read more »

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jul 5, 2022

If you have had 3 attorneys not sure why your questions have not been answered. To answer your questions accurately depends on the specific facts of your case which are not listed in your description. However, you can Google the specific statute to give you some insights into the law that... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: If I tell an officer he can't come in and search for someone without a warrant and he tries to get in my house anyway

Is that a crime

James A Hanson
James A Hanson
answered on May 31, 2022

Short answer: No.

The 4th Amendment protects you from unwarranted searches and seizures (subject to a truckload of exceptions that make it more holes than wall).

The remedy for a violation of the 4th Amendment is the exclusion of any evidence found or seized.

However, if you...
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2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Indiana on
Q: What can I do if my public defender is not doing her job? Also to make things WORSE she is lying and damaging my case.

She lied to the judge and told him that I wasn't coming to appointments.Which is a lie. I have video to prove it. The judge then told me what a good attorney she was i

her skills were so great so when I went to say something he shut me down and told me that I need to make myself... Read more »

James A Hanson
James A Hanson
answered on May 31, 2022

You have to remember that this is a Public Defender. You are entitled to court-appointed counsel if you qualify, but you are not entitled to pick the attorney who gets appointed. As long as the appointed attorney provides "effective assistance" as that term is defined by the Supreme Court... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights, Communications Law and Environmental for Indiana on
Q: How do I stop voice 2 skull
Charles Candiano
Charles Candiano
answered on May 24, 2022

This is NOT a legal question but a technical one. You need to identify the mechanism of transmission before any legal remedy is possible.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can a probation officer use an illegal search and Seizure Report in a psi and you be sentenced on it?

Ok let me add to this then so I can get a little more clarification. An illegal search and Seizure being detailed into a psi is not a violation of my 4th amendment right? Also bc I had marijuana on me in CA and it's legal and being in Indiana it is illegal this evidence enhanced my sentencing... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

During the sentencing phase of a case, the legal standard for the admission of evidence no longer follows the Rules of Evidence. Rather, the evidence only needs to have "sufficient indicia of reliability" which is a pretty low bar.

Hearsay, and even double-hearsay, is allowed....
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: If I am living with a roommate while on house arrest and they come do a search can they room get searched as well

what all areas are they allowed to search with and without a search warrant while i am on house arrest

Grant E Helms
Grant E Helms
answered on May 16, 2022

The documentation you signed when you started house arrest will outline the parameters of your monitoring situation and what the monitoring authority and law enforcement is authorized to do. It's not clear if you're a pre-trial detainee on house arrest or a defendant on house arrest doing... Read more »

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Rights for Indiana on
Q: if a domestic violence case is dismissed, can I still buy and own firearms or are there restrictions or waiting periods?

Protective order vacated and the case is fully dismissed as of 12-18-2021

Richard W. Noel
Richard W. Noel
answered on Mar 14, 2022

If the case is dismissed, you're likely good to go. However, you won't know until you try.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Indiana on
Q: Does a witness have to take the stand in court if she is married to the defendant ?

As well as the witness feels like she can't go through with it , and is also the victim of the case ?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 1, 2022

If subpoenaed to court, then the spouse needs to appear so as not to be in violation of a court order that could result in her arrest. That being said, depending on the circumstances of what she would testify to, the spousal privilege may limit or prevent her testimony. She should contact a... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and White Collar Crime for Indiana on
Q: Can someone be charged for the same case and crime in 2 different Indiana counties?

The judge and attorney had pointed out that they acknowledge this, a motion for dismissal was entered in October however it hasn't been addressed and the 2 counties are passing him back and forth even trying to revoke the bond paid already in one county.

Joseph Abrams
PREMIUM
Joseph Abrams PRO label
answered on Jan 20, 2022

No. Because the two counties are considered part of the same sovereign, that is, the state of Indiana, it would violate the Constitution's prohibition against double jeopardy.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Indiana on
Q: Do you have to show ID if you are pulled over by a police officer for allegedly swerving

I Was driving down a highway when I got pulled over for swerving Despite the fact That I had a dashcam that said otherwise

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jan 18, 2022

In Indiana, if you are pulled over for a traffic violation, alleged or actual, you must show identification.

1 Answer | Asked in Personal Injury and Civil Rights for Indiana on
Q: My bank received a subpoena for an account I am on with my son. My name was listed on the subpoena as well as his.

He is the one they are investigating. Were my rights violated? Were my sons? We were not given a copy of the subpoena and only know because I work here. And everyone knows!

Charles Candiano
Charles Candiano
answered on Jan 10, 2022

How can your rights be violated by a Subpoena? The Subpoena was NOT issued to you, but rather to your bank so your bank received the subpoena and apparently responded to it as they must.

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