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Indiana Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Indiana on
Q: I put a man in jail. Is his lawyer allowed to give him my address, phone number, and drivers license number.

I am being harassed by a man who I put in jail. His lawyer gave out my personal information and now he has called me and he knows where I live.

Gary Kollin
Gary Kollin answered on Nov 12, 2019

It probably was on the police reports

2 Answers | Asked in Civil Rights and Probate for Indiana on
Q: He wants to sell thehouse. If I can get into the house and change the locks, could he take any legal action against me?

My grandmother just past and left her house and all assets to me and my two sisters. My great Uncle was made the executor of her will. He is firm in his belief that everything has to be liquidated, that he has already had them appraised and had a yard sale without our knowledge. We have asked for... Read more »

Gary Kollin
Gary Kollin answered on Oct 19, 2019

Get a court order

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1 Answer | Asked in Consumer Law, Real Estate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Eviction is a mess
Tim Akpinar
Tim Akpinar answered on Oct 11, 2019

Part of your question might have gotten left off in uploading. If you could repost with additional details (do not include personal information), that might enable an Indiana attorney to meaningfully assess the matter. Good luck

Tim Akpinar

1 Answer | Asked in Family Law, Civil Rights, Health Care Law and Medical Malpractice for Indiana on
Q: Please, how do I obtain a Psychiatric Advanced Directive? And will it even work?

I've been asking or this for years.

Jonathan Armiger
Jonathan Armiger answered on Oct 9, 2019

Indiana Code sections 16-36-1.7-0.5 to 16-36-1.7-5 deal with Psychiatric Advance Directives, including requirements to execute a directive as set forth in Indiana Code section 16-36-1.7-2. You can view these and other Indiana Code sections online using this website:... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on
Q: If a law officer runs your plates and the registration comes back correct but the paint color is different

Is this grounds to pull you over

Paul Stanko
Paul Stanko answered on Oct 8, 2019

Yes. I had this exact issue arise in an Elkhart County drug case.

1 Answer | Asked in Civil Rights for Indiana on
Q: I was wondering about where you think the disparity of sentencing between men and women come from?

Men receive on average 63% harsher sentences. After some research this partly has to do with race. However, there is still a sizable gap (around 30%) that is unexplained.

Gary Kollin
Gary Kollin answered on Oct 3, 2019

This is not a legal question. It is one regarding policy.

I am sure there are many treatises and other writing you can study

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Indiana on
Q: Is it required for police to leave a receipt of items removed from a home during a search warrant?

Both occupants were home when warrant was served for specific items to be obtained, but only one of the two received a copy. 11 days have passed and still no knowledge of what was removed from the home, but two specific items missing from home had nothing to do with the investigation. Feels as... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 30, 2019

The Search Warrant should have a case number at the Clerks Office, the police would also file a Return of Search Warrant detailing the items removed. The return is to be filed in the same case as the search warrant

1 Answer | Asked in Civil Rights, Health Care Law, Real Estate Law and Small Claims for Indiana on
Q: Can Medicaid take my house? Or anyone else?

I am joint owner of a house in Indiana via a quit claim deed that states "joint tenants with rights of survivorship". The other joint owner who is my grandma is now in a nursing home and has severe dementia. My aunt took power of attorney over her healthcare and has filed a lawsuit against me in my... Read more »

Michael R. Smith
Michael R. Smith answered on Sep 27, 2019

If the deed is to you and your grandmother as joint tenants with right to survivorship, you own half of the property (the house and lot) and your grandmother owns half of the property. That's called an undivided interest because each of you has equal rights to the entire property. Indiana law... Read more »

1 Answer | Asked in Civil Rights for Indiana on
Q: After arrest is it legal for a male officer to put his hands in my pockets or waiste band?

Arrest without warrant. "Probable cause" Battery causing bodily injury. Also acted in self defence. With proof. If probable cause for arrest is dropped. Was search and seizure legal

Gary Kollin
Gary Kollin answered on Sep 24, 2019

A male officer follows a female perpetrator in a high speed chase which takes him miles. Upon apprehending the female, the nearest female officer is ten miles away and involved in another arrest. Is the male officer required to simply wait before he can ensure the female perp is not carrying any... Read more »

1 Answer | Asked in Personal Injury and Civil Rights for Indiana on
Q: Lawyer is quiting in middle of lawsuit. Stated his reasons which I think are just try to cover for a violation of confid

I have to go to deposition in December. Confidentiality. By giving opposing lawyer acsses to my medical records.

Tim Akpinar
Tim Akpinar answered on Sep 8, 2019

Based on the limited facts here, I don't suspect that there was a violation of confidentiality here. You posted this under Personal Injury. If you are the plaintiff in a personal injury case, your lawyer would provide your medical records to opposing counsel as a normal course of action. It's part... Read more »

2 Answers | Asked in Personal Injury and Civil Rights for Indiana on
Q: Lawyer is quiting in middle of lawsuit. Stated his reasons which I think are just try to cover for a violation of confid

I have to go to deposition in December. Confidentiality. By giving opposing lawyer acsses to my medical records.

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

Opposing lawyer is entitled to access to your records if you are making an injury claim. You need to ask your attorney's assistance in finding a lawyer. He has to file a motion to have the Court allow him out unless you already consented.

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1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Indiana on
Q: What case log can a inmate use to get a sentence modification if a judge said a different sentence from his release dat

The judge sentenced my boyfriend to 3 years do 18 months if he doesn't get into the drug program, which he didn't. But his release date has the full 3 years and the court told him he needs to file a modification. He needs to know what proper case logs he could use to put in his modification.

Gary Kollin
Gary Kollin answered on Aug 23, 2019

case log or case law?

Without knowing the facts and circumstances, there are hundreds of books of case law and it is impossible to identify any in particular

1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: do the police have a right to tell me and everyone else to get out of our room during a pop up inspection?

If someone in my home is on house arrest do the police have a right to tell everyone to go to the living room while they search my WHOLE house during a pop up inspection? This person has their own room .

William Jaksa
William Jaksa answered on Jul 29, 2019

In many jurisdictions, this type of behaviour by police to not permitted. Check the terms of the house arrest of your housemate. Are there terms that they agreed to that allow police to search the house? Usually, with a few limited exceptions, police only have authority to enter and search with a... Read more »

1 Answer | Asked in Civil Rights for Indiana on
Q: If my neighbor has cameras directed at my doorways and windows, is that invasion of privacy?

She also videos us at random times when we are on our own property.

Gary Kollin
Gary Kollin answered on Jul 25, 2019

No. You can take videos and photos of things in public

2 Answers | Asked in Civil Rights for Indiana on
Q: I was staying with a friend of my daughters, she and my daughter were in an argument and she kept my belongings

Can I take her to small claims court?

Gary Kollin
Gary Kollin answered on May 19, 2019

Yes

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2 Answers | Asked in Civil Litigation, Small Claims, Contracts and Civil Rights for Indiana on
Q: Is it required to to provide 24hr notice for showing or a courtesy if the agreement is expired and rent isn’t paid?

Rental agreement lapsed. Tenant was contacted 24 hr in advance via phone but the number was disconnected. Tenant claims we violated their rights. We called another resident 2 1/2hr prior and they agreed to let us in verbally.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 9, 2019

The tenant has more leagal rights than you have given them. Hire a lawyer and fix the problem before it worsens.

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Do charges for invasion of privacy violating a NCO stand, the seperate case ordering the nco is dismissed and terminated

Different cases

Paul Stanko
Paul Stanko answered on Apr 9, 2019

If the NCO was valid and in effect at the time of the new offense, then having the underlying NCO terminated later has no impact on the later charge.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on
Q: Need to know the passenger right in a vehicle of a traffic stop what's a canine 4th amendment

Can statements made after the Miranda rights are read be held against you even if you are under the influence? What is a perfect caught with drugs have to have the exact nature what exact drug or exactly that it is. drug? Under the Fourth Amendment rights can a passenger be held on a traffic stop... Read more »

Paul Stanko
Paul Stanko answered on Apr 9, 2019

Your questions are many and varied.

1. Anything you say can be held against you. Intoxication could affect the weight to be given to those statements by a judge or jury.

2. In order to prove a drug case, the State will have to document the type of drug.

3. Fourth Amendment...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can an officer use smell of pot be probable cause to enter a home my home on a knock and talk
Paul Stanko
Paul Stanko answered on Mar 15, 2019

"Knock and talk" is not based on probable cause. It is entirely consensual. You should never allow a cop into your home without a warrant. If he entered your home without valid consent, you may have a basis for suppression of evidence seized.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Indiana on
Q: feb 2009 Indiana I was charged voluntary man slaughter n2013 stand ur ground was passed can I get my felony removed ??

I was attacked the guy swung I swung back hitting him 3x he later died from heart complications I was charged with voluntary man slaughter the guy was 6’3 330 I’m 5’10 150. I was only protecting myself from him is there anyway I can get the felony dropped because in 2013 stand ur ground was... Read more »

Paul Stanko
Paul Stanko answered on Mar 11, 2019

Stand your Ground does not apply retroactively.

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