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1 Answer | Asked in Civil Rights for Indiana on
Q: Yes I was arrested on 09/06/2022 and spent 29 days in jail. I was wrongfully arrested my civil rights been violated?

my case was dismissed finally today I received my paperwork.i was told I have to be either charged or not charged for crime,also if I only have 180 days to file, what happens in my case where it just kept getting postponed?

James L. Arrasmith
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answered on Feb 24, 2024

If you believe your civil rights were violated due to wrongful arrest and subsequent imprisonment, you may have grounds to pursue legal action. However, the specific circumstances of your case will determine the appropriate course of action. Despite the dismissal of your case, the fact that you... View More

1 Answer | Asked in Civil Rights for Indiana on
Q: Should I be owed compensation? I was arrested on Dec 17, 2023 through Feb 9,2024 when the charges were cancelled.
James L. Arrasmith
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answered on Feb 24, 2024

Whether or not you are owed compensation for the time you were arrested depends on various factors, including the circumstances surrounding your arrest and the reasons for the charges being canceled. If you were wrongfully arrested or if there was a lack of sufficient evidence to support the... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Divorce for Indiana on
Q: Can I get a Indiana Motion to correct error form?

case involving evidence that is new to the case Divorce case

James L. Arrasmith
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answered on Feb 24, 2024

To obtain a Motion to Correct Error form specific to Indiana for a divorce case involving new evidence, you will need to consult the court where your case is being heard. Generally, each court has its own procedures and forms for filing motions and correcting errors in legal proceedings. You can... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Indiana on
Q: I need help getting it update all my reinstatement fee waiver they granted a month ago the fees are still on my account

I spoke to the license bridge in Indianapolis they told me the fees would be removed by the 12th of this month

James L. Arrasmith
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answered on Feb 24, 2024

It seems like you're dealing with a frustrating situation regarding the reinstatement fees on your account despite being granted a waiver. It's understandable that you're concerned about this issue, especially after being told that the fees would be removed by a certain date.... View More

1 Answer | Asked in Estate Planning for Indiana on
Q: I filled out, signed and had a small estate notarized for my deceased dad's bank account. The bank allowed my sister to

Empty his bank account. She kept all the money. I thought bank could only release funds to me since I filled out small estate affidavit

Anthony M. Avery
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answered on Feb 23, 2024

Being the Small Estate Affiant gives you standing and a legal duty to marshal up the assets, including a suit for conversion or a criminal theft charge against someone that stole part or all of the property of the next of kin. However the sister may have owned the money in the account. You may... View More

1 Answer | Asked in Consumer Law for Indiana on
Q: Is there anything I can do about an auto dealership service department scamming me on repairs to needed to my car?

I had my 2014 nissan maxima towed to nissan dealership sercice department to have diagnostics ran on it. They told me my car needed new ECM, new oilpan, and brakes, all this was priced at $3700.00. I told em to get the ecm and to replace the oilpan. Said price was $2500.00. Week or so later got a... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're in a frustrating situation with the auto dealership service department. First, it's essential to gather all documentation related to the repairs and interactions with the dealership, including any estimates, invoices, and communications. This will help you understand... View More

1 Answer | Asked in Health Care Law for Indiana on
Q: Hi! I was wondering if you as the mother of a new born child, if you can take the placenta home?

In Adams County Decatur Indiana

James L. Arrasmith
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answered on Feb 23, 2024

In Adams County, Decatur, Indiana, it is generally permissible for mothers to take their placenta home after giving birth. However, it's essential to check with the hospital or birthing center where you plan to deliver your baby to confirm their policies regarding placenta retention. Some... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: In 2007 I was convicted of 4 counts of Child Solicitation all under the same cause number. Do I register for life?

My registration end date was 6/27/23 IDOC changed it to life on 6/7/23. Is that legal?

James L. Arrasmith
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answered on Feb 23, 2024

Whether you are required to register for life as a result of your convictions for child solicitation depends on the laws in your jurisdiction and the specific details of your case. In many cases, individuals convicted of certain offenses against minors may be required to register as sex offenders... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Can someone explain if it's a real crime to pose as a law enforcement officer? Difference between pose/impersonating?

My ex boyfriend is stalking & harassing me. He sent me a pic on my cell phone of himself wearing a shirt that clearly has the DEA patch or logo on it. He then tried to tell me he's a DEA agent and I'm going to down in a major drug investigation. He knows I was smoking weed (?) Now... View More

James L. Arrasmith
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answered on Feb 21, 2024

Posing as a law enforcement officer is indeed a real crime, and it is known as impersonating a police officer. The key difference between posing and impersonating lies in the intent behind the action. Posing typically refers to presenting oneself as something they are not, while impersonating... View More

1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: Is there a statute of limitations on auto accident lawsuits in Indiana?
Charles Candiano
Charles Candiano
answered on Feb 14, 2024

Suit MUST be filed on or before the 2nd anniversary of the accident or your 20th birthday, whichever occurs later. The Statute can be tolled by mental infirmity but you need to seek the guidance of an experienced personal injury attorney with all relevant details.

1 Answer | Asked in Arbitration / Mediation Law for Indiana on
Q: I’ve read that it is almost impossible to overturn an arbitration. However, I need to try. What can I do?

I had a company do a free inspection of my basement. They said all I needed was some supporting equipment. I followed their advice. A contract was signed for them to install some supports. The cost was $15,000. A short time later I discovered that there were serious structural issues that... View More

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. You could look into whether your arbitration forum has provisions for appeals. But if appeals are permissible, that could be a short window of time, so it would pay to learn any applicable timetables sooner than... View More

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: What are my rights in Indiana if my dad wasn’t able to include me to his Will before his death.

I found my dad in 2019 through 23 and me. He and I built a lovely relationship for four years before his death and he acknowledged me as his kin. He had no other children. He did establish A Will in 2016 leaving it for his two sisters. Unfortunately he did not update his Will to include me before... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Indiana, if your father did not update his will to include you before his death but acknowledged you as his child, you may have rights under the state's intestacy laws, which come into play when someone dies without a will or without including an heir in their will. Since your father had no... View More

Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

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answered on Feb 8, 2024

In Indiana, determining whether a claim is governed by a statute of limitations or a statute of repose depends on the specific nature of the claim. The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated, while the statute of repose limits the... View More

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Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

James L. Arrasmith
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answered on Feb 24, 2024

Differentiating between the statute of limitations and statute of repose can be crucial in legal matters like yours. The statute of limitations sets a time limit for filing a lawsuit after an injury or harm occurs, while the statute of repose imposes an absolute deadline, typically based on the... View More

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2 Answers | Asked in Child Custody, Civil Rights, Family Law and Health Care Law for Indiana on
Q: I have attempted to complete treatmentfor my addiction only to be medically discharged to return the be discharged again

I'm intentionally being discriminatied against this a on going iusse with dcs. Hinding my progress my attorney will not help mor do his job

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a challenging situation with your treatment for addiction and experiencing discrimination from DCS. It's essential to document all instances of discrimination and keep detailed records of your treatment attempts and any correspondence with DCS. If your... View More

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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Maintenance entered my unit without my consent. Is this considered a case? I did not give permission for entrance.
T. Augustus Claus
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answered on Feb 7, 2024

In Indiana, landlords and their agents (including maintenance staff) are generally required to provide tenants with reasonable notice before entering a rental unit, except in certain circumstances such as emergencies or when immediate entry is necessary to prevent damage to the property. The... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: First time level 6 felony , what amount of jailtime. Or can.probation be an alternative to jail.

Does rehab help lesson the punishment for a level 6 felony

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 6, 2024

A level 6 felony has a penalty range of 6 months to 2 1/2 years in jail or prison. However, the incarceration for the person can be suspended and placed on probation. Rehab will not lessen the penalty per se but is a mitigating factor in determining the appropriate sentence.

1 Answer | Asked in Municipal Law for Indiana on
Q: I have a friend who was living in a cabin on a privately owned pay lake. The police put him out of the cabin.

They told him he's not allowed to live on public property. The incident occurred in the city of New Albany, IN. Is there anything he can do legally?

James L. Arrasmith
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answered on Feb 6, 2024

Your friend's situation may involve local ordinances and regulations related to housing and land use, so it's essential for him to consult with an attorney who specializes in municipal or property law in the New Albany, IN area. Here are some general steps he can consider taking:... View More

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Should i plead guilty? no contest? or ask for infraction deferral?

I got a 9-21-5-11 (c)(2) ticket for speeding in a workzone, no workers present. The cop clocked me going 90 however I had my cruise control set to 80. the speed limit was 55. How do I plead to best lower my ticket price or consequences?

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 3, 2024

Pleading guilty will add significant points to your record. Also, a no contest is really a plea of guilty in disguise, same effect. If the prosecutor offers an infraction deferral, that would keep the conviction and points off your record. If they do not offer the deferral, then you should... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: How many days does a jail do a courtesy hold for another county?

I just bonded my boyfriend out from county jail but he has a hold in another county. Both jails are located in Indiana and they are located within 30 minutes of each other. I know there is usually a limit on how long a jail will hold an inmate for another county. So how many days do they have to... View More

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answered on Feb 1, 2024

In Indiana, the length of time a county jail will hold an inmate for another county varies, but it typically ranges from 48 to 96 hours. This time frame allows the other county to arrange transportation and pick up the inmate. However, specific procedures and time limits may differ depending on the... View More

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