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Indiana Questions & Answers

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 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 Criminal Law for Indiana on

Q: What is the most current Indiana failure to appear in court criminal code?

My son never received the notification to appear in court.

The prosecutor dropped the charge yesterday of my son injuring an officer because the officer admitted in a separate court case concerning my son's children he fell on the ice and no one was near him some months back, they will... Read more »

Andrew L. Bennett answered on Aug 22, 2019

35-44.1-2-9. Failure to appear.

(a) A person who, having been released from lawful detention on condition that the person appear at a specified time and place in connection with a charge of a crime, intentionally fails to appear at that time and place commits failure to appear, a Class A...
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1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: could I be charged with domestic battery?

My boyfriend and I got in an argument. He kept calling me a xxx so I threw water on him and pushed him. He pushed me back so I punched him and he ended up choking, dragging, and kicking me across my apartment. My parents want me to press charges but could I also be charged with domestic battery?

William Jaksa answered on Aug 21, 2019

Yes. The police may choose to charge you, him or both based on the fact pattern you have provided. The police will need to determine if throwing the water and pushing was defensive or provocation.

1 Answer | Asked in Copyright, Communications Law and Trademark for Indiana on

Q: I took a picture of our Sony camera to use on our website. Do I need permission to use this?

It is an original photo that I took to use as a header on our church website and the name, "Sony" is in view on the side of the camera

Karima Gulick answered on Aug 20, 2019

You don't need permission to use your own photo. However, depending on what your website is about, it would be best to avoid displaying someone else's trademark.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: In Indiana, can an Indianapolis Metropolitan Officer make traffic stops or arrests outside of Indianapolis?

Andrew L. Bennett answered on Aug 20, 2019

Yes, a police officer's authority is statewide; an officer from Fort Wayne can make an arrest in Evansville. Any arrest or traffic citation must be filed according to the procedures where the stop/arrest was made.

1 Answer | Asked in Estate Planning and Probate for Indiana on

Q: in indiana, is a likely beneficiary entitled to see a testator's will before the testator dies?

testator is wife, named executor is second husband. wife's children from first marriage want to see the will BEFORE the wife dies; named executor refuses. do the children have any recourse if the wife was of sound mind when the will was made, OTHER THAN asking her?

Nina Whitehurst answered on Aug 19, 2019

No. Wills are private and amendable until the testator dies. I know that is frustrating, but there is nothing you can do to FORCE anyone to show you the will before the testator dies.

1 Answer | Asked in Criminal Law for Indiana on

Q: Can I own a gun in the state of Indiana whole being a felon

Andrew L. Bennett answered on Aug 19, 2019

Felons are prohibited from owing firearms both on the state and federal level. However, if you are eligible for an expungement then it is possible to have your gun rights restored.

1 Answer | Asked in Criminal Law for Indiana on

Q: I have a drug charge and they didn't give any paperwork and issued a warrant in wabash county is that ok for them to do.

It is possession of paraphernalia

Gary Kollin answered on Aug 18, 2019


1 Answer | Asked in Traffic Tickets for Indiana on

Q: I received a speeding ticket, and I don’t get out of school in time to pay it. Can I have someone go pay it for Me?

It would be at the Noblesville Superior Court, I don’t know if that makes a difference

Andrew L. Bennett answered on Aug 17, 2019

Yes, you can have someone pay it for you. However, a speeding judgment with likely raise your insurance rates. You should consider speaking with an attorney who should be able to negotiate a resolution that will not affect your insurance. Additionally, consider contacting the prosecuting... Read more »

1 Answer | Asked in Criminal Law for Indiana on

Q: If I have 3 years in actual days in comunity corrections and have a 6 year sentence do I get credit time for towards it

Andrew L. Bennett answered on Aug 16, 2019

Depending on the program and the sentencing order, there should be some credit applied, however, not to the same amount if you were in custody.

1 Answer | Asked in Business Law and Environmental for Indiana on

Q: Is it unlawful to place church invitations on doors in Indianapolis Indiana?

We are not selling anything, but rather just inviting others to our church services and or events... such as a free carnival for the entire community.

Tim Akpinar answered on Aug 16, 2019

In the past, it would have been no big deal. However, some communities and associations have rules prohibiting flyers, brochures, or similar materials. It could be worthwhile to confirm there are no local rules against it. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on

Q: How can they charge you with possession of a handgun if you didn't have one when you were arrested

William Jaksa answered on Aug 15, 2019

Possession of a firearm, or any item, does not depend on police finding on you at the time of your arrest. The prosecutor will need to prove one of the following, beyond a reasonable doubt, to secure a conviction:

1. That you had physical possession of the firearm at some point and time;...
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2 Answers | Asked in Criminal Law for Indiana on

Q: I was charged with something that wasn’t mine

If the Sheriffs find drugs on the ground by your car he then proceeds to say it was my lock me up and then put on the report he saw me throw it on the ground and charged me with a level 2 felony dealing in cocaine and charge me with possession of cocaine a level 4 felony

Andrew L. Bennett answered on Aug 14, 2019

You should seriously consider speaking with an experienced criminal defense attorney as the level of offenses carry significant amount of jail/DOC time.

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1 Answer | Asked in Criminal Law for Indiana on

Q: I have a theft class A misdemeanor and a driving while suspended (prior) class A misdemeanor pending.

Andrew L. Bennett answered on Aug 14, 2019

What is your specific question?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on

Q: My father recently passed away. His 2nd wife is selling their house. Do any of dad's kids have any rights.

Dad and 2nd wife bought a house in Indiana and it is in both names. There was a will. She was named as executor with my sister and her daughter named as seconds. The will stated that she could stay in the house until she dies and then it was to be divided between my father's and her kids. She... Read more »

Nina Whitehurst answered on Aug 14, 2019

You need to hire an attorney right away to review the will and the final order of distribution in the probate and possibly the order permitting the sale. It is possible she is doing wrong, but it is also possible she has decided not to stay in the house and is selling it now and the proceeds will... Read more »

1 Answer | Asked in Probate for Indiana on

Q: I know an executor can change locks on a house--but can they keep other family members (beneficiaries) out?

Dad just passed 2 mo's is empty--maybe a few things of hers are there. I just wanted to be in his house one last time...

Nina Whitehurst answered on Aug 13, 2019

Actually, yes, the executor can keep other family members, including beneficiaries, out. It is the executor's DUTY to marshall and safeguard estate assets. When the executor fails in this duty, assets tend to grow legs and disappear.

1 Answer | Asked in Probate for Indiana on

Q: My sister is executor of our fathers estate, and after all is settled, wants to buy us out of our share of his home.

Which she's in no rush to do, though she is wealthy. As beneficiaries, can we insist on the house being sold?--

Nina Whitehurst answered on Aug 13, 2019

In a way you can, yes, but it is not easy. It would entail hiring an attorney to file an action for "partition", which usually ends up as a court-ordered sale of the home with the proceeds split among the co-owner/heirs. If one of the heirs wants to be the buyer, she is welcome to submit a bid.

1 Answer | Asked in Criminal Law for Indiana on

Q: After my parents deaths my brother removed from our childhood home an antique mirror that belonged to me. I was able to

get him to return it, but he “forgot” to leave the hardware. He said he would mail them. It’s been months he will not respond to me and hasn’t mailed them. What recourse do I have. My parents home is in Indiana. My brother also lives in Indiana (different county.). I live in Texas.

Gary Kollin answered on Aug 8, 2019

You csn take him to small claims court

1 Answer | Asked in Child Support for Indiana on

Q: I would like to know if the noncustodial parent is to notify myself and the court he is stopping child support.

Our daughter just turned 19 on 7/24. I was not given any notice he would be stopping the support.

John Mario Acosta Jr. answered on Aug 5, 2019

Based on the information provided in your question he would have to file for emancipation with the court.

1 Answer | Asked in Criminal Law for Indiana on

Q: Is the human body considered a deadly weapon in indiana

Andrew L. Bennett answered on Aug 5, 2019

35-31.5-2-86. Deadly weapon.

(a) Except as provided in subsection (b), “deadly weapon” means the following:

(1) A loaded or unloaded firearm.

(2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC...
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