Indiana Questions & Answers

Q: How do I file an amendment to my bankruptcy schedules? I added a creditor that no longer needs to be on there

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Apr 16, 2019
Timothy Denison's answer
You file an amendment pleading in the bankruptcy identifying the creditor and indicating they have been paid snd no longer need to be listed

Q: There'€™s a creditor on my petition that ended up being paid off. Do I need to remove it? If so, how?

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Apr 16, 2019
Timothy Denison's answer
You can file an amendment to your petition correcting it.

Q: I am filing pro se divorce do I need to list my house and car since I owned them before I was Married

1 Answer | Asked in Divorce for Indiana on
Answered on Apr 16, 2019
Clarissa Finnell's answer
All property owned at the time you file for divorce is included in the marital estate. It is included no matter how it is titled or when it was purchased. When dividing marital assets the court can consider value of assets brought into the marriage. There are many factors that may impact how the marital estate may be divided. I recommend that you consult an attorney who practices family law to discuss what factors may apply in your particular case.

Q: a few days ago I applied for an ein I entered a dba on the form. That I havent registered yet. I am disabled and have

1 Answer | Asked in Employment Law and Tax Law for Indiana on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
Nothing--unless you are worried that the IRS might follow up with questions about the DBA.

Q: is it illegal for a fire station to exit into an alley way

1 Answer | Asked in Constitutional Law for Indiana on
Answered on Apr 13, 2019
Timur Akpinar's answer
It's hard to think of a reason why this might be illegal. You could double-check with Indiana building, environmental, occupational health, fire & safety codes, as well as local municipal or town codes.

Tim Akpinar

Q: Do you still have a jury trial if you plead guilty at the first court date?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Apr 11, 2019
Paul Stanko's answer
When you plead guilty, you admit your guilt and waive your right to any trial.

Q: Would my husband and I wrestling over my phone be something that can convict him in Indiana because I had scratches?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Apr 10, 2019
Paul Stanko's answer
All that needs to be proven in a battery case is that the defendant knowingly or intentionally touched the other person in a rude, insolent or angry manner. Whether or not your husband should do time, if the State proves the elements, a conviction is certainly possible.

Q: 14 year old Daughter being charge with posession of a electronic cigarette when she only took 1 puff of it,

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
If she took a puff on it, she was in possession, at least for that moment.

Q: I just met my probation officer. How soon will I be summoned for a random drug test?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
That can happen any time while you are on probation. You need to stay clean.

Q: will Walmart press criminal charges even after they stated they would not

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
If police were not called at the time, it is unlikely that charges will be filed.

Q: Can a habitual be filed on a level 6 theft that was enhanced from a misdemeanor due to a prior theft?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
Calculating habitual enhancements can be complicated. What is needed is details of the current offense date, the dates of the prior offenses and judgments, and the charging information. Take all of this data to a defense attorney to get an opinion on whether this is an impermissible double enhancement.

Q: Do charges for invasion of privacy violating a NCO stand, the seperate case ordering the nco is dismissed and terminated

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
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.

Q: How long can you be held in jail on misdemeanor bench warrant before seeing a judge?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
It is common to be held without bond on a bench warrant for failure to appear.

Q: Need to know the passenger right in a vehicle of a traffic stop what's a canine 4th amendment

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
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 rights are individual. The passenger has the same protections as the driver.

Q: How long can a person be held on an Indiana misdemeanor warrant?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
Until the person is released on bond or recognizance, or the case is disposed. If the person wants to accelerate the process, he can request a speedy trial.

Q: In the state of Indiana what would a lawyer do if the clerk failed to file a motion in a timely manner?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
Your question is rather vague, but if a clerk fails to perform a ministerial function, like file-stamping a motion, that should be brought to the attention of the court.

Q: I have 2 FTA MC on one, and MC&MA warrants in Marion(signed plea agreement) and johnson Counties (no judgement), IN

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
FTA warrants do not expire. You need to have attorneys in these counties follow up.

Q: My hsbnd was charged with DB but he didn't hit or psh me. We wrestled ovr my phne and I was scratched. Can they convict

1 Answer | Asked in Criminal Law for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
This is a common problem. Once police are called to a DV incident, someone will be arrested and charged. As you are the alleged "victim", the prosecutor is required to keep you advised of developments, but is not required to do your bidding with respect to the outcome. A domestic violence conviction has lifelong repercussions. He should consult his attorney, and you should make your feelings clear to the prosecutor.

Q: please explain my rights in a dui checkpoint? Differentiate order & request. What am i required to do &what can I refuse

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
The police must follow a set procedure in order to eliminate targeting or cherry-picking. The stop must be for a reasonable and short period of time (time enough to check license and registration, for example). You may refuse to answer incriminating questions and are not required to consent to a search of your vehicle. The goal of these checkpoints is to develop reasonable suspicion or probable cause for further law enforcement activity. Just hand the cop your license and registration and...

Q: I need help on finding information about the case "mitchell vs wisconsin". Do you know anything?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
Here is a link to information:

https://www.scotusblog.com/case-files/cases/mitchell-v-wisconsin/

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