Lawyers, Answer Questions  & Get Points Log In
Indiana Questions & Answers
1 Answer | Asked in Criminal Law, Real Estate Law and Animal / Dog Law for Indiana on
Q: Can I do anything about my outside cat I’ve been taking care of when the neighbor stole it

Had it for months no paperwork or anything my kids fed it and it stayed here. We even provided food and shelter. Looked at the neighbors house and seen it in the window she stole it

Andrew L. Bennett
Andrew L. Bennett answered on Aug 10, 2020

Have you talked to the neighbor about having adopted it yourself? If she knew it was staying at your house she may give it back.

1 Answer | Asked in Child Custody for Indiana on
Q: Question about homeschool with custody

In the state of Indiana I have sole physical and legal custody of my daughter my ex has visitation right we were never married and go by the Indiana visitation .. im looking at doing homeschooling instead of public schools do i need to get her permission to do this (she's not happy about the... Read more »

Troy Tyson
Troy Tyson answered on Aug 10, 2020

If you have sole legal custody you have the sole right to make decisions on major issues for your child - including aspects of her education.

1 Answer | Asked in Criminal Law for Indiana on
Q: Why was a warrant issued

I'm currently on probation and due to allegedly failing 2 drug screens my probation officer filed a petition to revoke probation on that same day a warrant was issued for my arrest. I haven't missed any court dates and I've been to every probation appointment and not been in any more trouble

Andrew L. Bennett
Andrew L. Bennett answered on Aug 8, 2020

Many judges issue warrants for violations of probation since it is a privilege to be on probation. It was up to the judge to decide to issue a warrant or a summons and in your case he/she chose a warrant. Contact your previous attorney or hire a new one, if you cannot afford one request a public... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: My mother passed away 3 years ago and I have been in the house since then. My sister didn't want anything to do with it.

I have been rehabbing for a year and have put $10,000.00 or better in it. What do I do to get my name on the deed?

Anthony M. Avery
Anthony M. Avery answered on Aug 7, 2020

You probably need a competent lawyer to draft an Affidavit of Heirship that provides a source of title for you and your Sister. Then get the Sister to execute a Quit Claim Deed for it over to you.

1 Answer | Asked in Constitutional Law, Criminal Law and Cannabis & Marijuana Law for Indiana on
Q: friends house was Searched with a warrant they found illegal items and substance they both felons y didnt arrests them
Anthony M. Avery
Anthony M. Avery answered on Aug 5, 2020

Alot of times the LEOs either request Charges to be issued sometime after the Search Warrant Execution, or they try to work out a Sentence to bring to the Court for entry. Very often the citizens searched cooperate with the LEOs to incriminate others, and receive lighter Sentences therefor.

1 Answer | Asked in Animal / Dog Law for Indiana on
Q: Can I shoot my dog on my own land if it has attacked me several times in the past month? Causing stitches and is 160

Pounds and cannot he close enough to be uthinizex

Kristina M. Bergsten
Kristina M. Bergsten answered on Aug 5, 2020

Call animal control or a local shelter to have them remove the dog. They can handle that sort of call and treat your dog humanely.

1 Answer | Asked in Bankruptcy for Indiana on
Q: The trusteee objects to my claiming 100% of FMV on my tenancy by entirety home and wants to sieze $2900 in FPUC funds

I am Pro se. In Sched A/B on some items I claimed 100% of FMV instead of an specific amount. The trustee has moved to invalidate Schedules A/B and C which also has a tennency by the entirety exemption. Also I claimed a tangible wildcard exemption on $3000 in bank accounts and not the $400... Read more »

David Luther Woodward
David Luther Woodward answered on Aug 4, 2020

Now is the time for you to get a lawyer!

The trustee's objections are probably not well founded, but the law is tricky and something about which you appear to be initiated. Tenants by the entireties is a proper exemption if the underlying facts are there. You need a proper analysis....
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can Indiana hold inmate longer than 30 days on extradition warrant out of Oklahoma?

No charges in IN. 3 misdemeanor charges from OK. What to do if inmate is not released?

Andrew L. Bennett
Andrew L. Bennett answered on Aug 3, 2020

The person needs to file a motion with the court where they are being held asking they be released. Also someone should advise the correct county in Oklahoma that the person is in-custody in Indiana and request they start the extradition process.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlord did not have a walkout checklist and is trying to orally price and claim damages on whathe thinks is ok

Due to covid, I lost my job and had to end my lease early. We agreed he would keep my first, last, and deposit along with another month of rent to claim my "30 days notice". He agreed if all that was done he would end the lease and invoice me for damages.

Upon the final walk... Read more »

Troy Tyson
Troy Tyson answered on Aug 3, 2020

You will likely need to show up to court at the damages hearing, and tell your side of the story to the judge. Be sure to come armed with any documentation that you have which will support your position.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Indiana on
Q: Can I sue for discrimination if someone is harassing me calling me names cause of my disabilities and taking my money

The girl is calling me retarded and blacked mailed me into giving her money and then steal money from my bank account and keep telling me I’m retarded and that I should kill myself

Andrew L. Bennett
Andrew L. Bennett answered on Aug 2, 2020

You need to call the police, it is very likely she is committing several crimes.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a 16 year old get in trouble for getting a 14 year old pregnant?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 2, 2020

It is sexual misconduct with a minor, however you may be protected by the Romeo & Juliet statute.

1 Answer | Asked in Criminal Law for Indiana on
Q: Are there limitations put in place that allow the defendant only three continuance in their case?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 2, 2020

The number of continuances in any case is dependent on the specifics of the case, how it is progressing and the judge.

1 Answer | Asked in Criminal Law for Indiana on
Q: I lived in California. I was arrested for possession of sells of marijuana. I completed my probation.

Later they legalized marijuana and dropped my case, now I don't have a felony on my record. Is it possible if I could get a firearm permit?

Andrew L. Bennett
Andrew L. Bennett answered on Aug 2, 2020

If by "dropped my case" you mean expunged and there is no other reason preventing you from possession of a firearm, the Indiana expungement statute does allow for the restoration of your Indiana gun rights, however, you may still be precluded federally. You should consult with a local... Read more »

1 Answer | Asked in Family Law and Wrongful Death for Indiana on
Q: I have a Pending guardianship and my guardian has sold my estate and my personal belongings . Would this be conversion?

She has placed me in a Nursing Home and I have no say in anything. She does not respect my rights, she just treats me as if I don't exist! Her attorney appointed an attorney ad-lit-um for me who I have not heard from for over a year!

Charles Candiano
Charles Candiano answered on Aug 2, 2020

Conversion is just a fancy word for steal. If you suspect that your guardian-ad-litem has stolen your property, simply request an accounting. The guardian's failure to account for ANY part of your property would constitute a breach of his/her fiduciary duty to you and subject the guardian to... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Will I be drug tested in court for felony auto theft in Indiana?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 1, 2020

It will depend if you are on Pre Trial Supervision and what the conditions of your bond are from the court.

1 Answer | Asked in Criminal Law for Indiana on
Q: My fiance is awaiting extradition from Indiana to Oklahoma on 3 misdemeanor charges. How long will they hold him?

He was arrested on 7/4/20.

Andrew L. Bennett
Andrew L. Bennett answered on Aug 1, 2020

If there are no charges in Indiana and its only the extradition, there should have been an extradition hearing. If he waived extradition, then Oklahoma has 10 days to arrange transportation. If he denied extradition, then Oklahoma would need to go through the Governor's warrant process to... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: In the state of indiana who's name legally does a search warrant for a home address have to be in to be valid?
Andrew L. Bennett
Andrew L. Bennett answered on Aug 1, 2020

If you are asking if a search warrant has to list the owners name for an address that is listed on the search warrant; there is no requirement to list the owners name. The search warrant must specify probable cause to search the address and give specific details of the address, generally this... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got a tkt with the wrong car color, the color of the car that was speeding and pulled over too. Is it dismissable?

The cop slowed and turned his lights on infront of the car that was speeding. I was able to immediately pull over when the cops lights went on and he started his U-turn, so did the car that was speeding. It was a couple car lengths in front of me. I pulled behind parked cars and the other car in... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Aug 1, 2020

If you go to court, the standard of proof is preponderance of the evidence, so if the officer says you were speeding even less than what he wrote the ticket for you will still have a judgment on your record and likely increased insurance rates. You should consider hiring an attorney who can... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Friend arrested 7/20/2020. Jail has charge but none filed with courts. Should he be released?

Domestic battery charge

Andrew L. Bennett
Andrew L. Bennett answered on Jul 26, 2020

The jail may have a bond schedule, set by the judges, for posting a bond based on the offense charged. A judge must determine probable cause generally within 48 hours. If PC has been determined and signed off by a judge he could be held until his first scheduled court date if there is no bond... Read more »

1 Answer | Asked in Bankruptcy for Indiana on
Q: I have started the process to file ch 7 bankruptcy. I'm married, but live separately. How will it effect them?
Timothy Denison
Timothy Denison answered on Jul 26, 2020

It will not. Since you live separately, the spouses income doesn’t have to be included.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.