Indiana Questions & Answers

Q: My fiancé is in Argentina and I do not have the financial means to meet. Is it possible to get a fiancé visa?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Aug 14, 2018
Hector E. Quiroga's answer
Yes. The fiancé(e) visa makes exceptions when meeting face-to-face would cause hardship or where tradition forbids it.

Q: What is the consequence if the defendant does not show up for court in a civil damage suit from an auto accident in IN?

1 Answer | Asked in Car Accidents for Indiana on
Answered on Aug 13, 2018
Robert D. Kreisman's answer
The problem with an insured defendant not cooperating by refusing to attend the trial is insurance coverage. That would be risky. On the hand, the insurance company lawyer who is defending you, depending on the facts of the case, could also take the stance that admitting liability, but not the nature and extent of the alleged injury and damages may be a solid position to take in defense of the case. If an admission of liability were the course taken, then you as defendant would not be...

Q: Can I be sued for being uninsured I had an accident on private property I hit something & a vehicle also uninsured?

1 Answer | Asked in Car Accidents and Real Estate Law for Indiana on
Answered on Aug 10, 2018
Ary Avnet's answer
You can be sued for negligence for the accidents you caused in the truck. If sued, you could assert as a defense that the throttle was stuck open causing the accident but ultimately it would be up to a judge or jury to decide if you were negligent. If there was no valid insurance policy on the vehicle you were driving, and you did not carry any liability insurance at the time, then you would be personally responsible for any judgment found against you.

The eviction is a separate...

Q: Syringes are provided with my prescription. Should I carry documentation if I have a syringe outside my home?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Aug 10, 2018
Andrew Bennett's answer
That would be the safest way to make sure you are not charged with a crime.

Q: Can I prevent someone who is on home detention from living on my property

1 Answer | Asked in Criminal Law for Indiana on
Answered on Aug 10, 2018
Andrew Bennett's answer
Call the probation and home detention departments to advise of your wishes. However, if the person has a contractual interest in the property they will likely be able to stay at the property.

Q: What should I do?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Aug 10, 2018
Andrew Bennett's answer
You should consult with an attorney before you speak to the police and prosecutor, depending on what you say you do not want to open yourself to any false informing charge.

Q: Can an officer arrest my girlfriend without having the warrant and not reading her maranda rights at all?

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Answered on Aug 9, 2018
Andrew Bennett's answer
It's not an absolute that he have a copy of the warrant when he arrests her, he needs to have a good faith basis there is a warrant. If he arrested her and there was no warrant then he opens himself and the department to a law suit. An officer does not have to read a person their constitutional rights when arresting the person, unless they are asking questions other than name, dob, address, etc. But if he asked her questions that would be considered custodial interrogation then he must read...

Q: Probation violations

1 Answer | Asked in Criminal Law for Indiana on
Answered on Aug 8, 2018
Andrew Bennett's answer
Likely the probation was tolled and therefore it had not expired so he can still face consequences for the violation and he can serve whatever is remaining of the original sentence.

Q: My initial hearing, if I've already posted bail and pea not guilty. They just set a date and appoint me an attorney?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Aug 8, 2018
Andrew Bennett's answer
After your initial hearing the court will set an omnibus date and likely a pre-trial conference and jury or bench trial date. If you want a public defender you must ask for it during the initial hearing.

Q: Will filing for bankruptcy ever wipe out my student loans?

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Aug 8, 2018
Timothy Denison's answer
Not completely, no.

Q: is there a law that relates to pro se litigants being rushed in the court room?

1 Answer | Asked in Family Law for Indiana on
Answered on Aug 8, 2018
Alexander Florian Steciuch's answer
As far as I am aware of there is no law about rushing a pro se litigant through a bench trial. That said, courts are run on a schedule. Generally if a trial is not completed in the allotted time, another date and time is scheduled for an additional hearing. You may have been confused on 90 minutes total versus 90 minutes for that day.

Q: Am I required to have a copy of my lease if I intend to sue for return of my security deposit? 45 day rule was not met.

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Aug 8, 2018
Alexander Florian Steciuch's answer
You are not required to have anything to file the case. However, a lease agreement is a good place to start in any landlord/tenant dispute as it shows that there was a landlord/tenant relationship and it establishes much of the relevant facts, such as the amount of rent owed each month, the duties each party has to each other, etc..

Q: I was charged with shoplifting at target. I totally disagree with this charge. Should I go to court with an attorney?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Aug 8, 2018
Andrew Bennett's answer
Yes, you should at least consult with an attorney to see what can be done to keep this off your record. Also you will want to have your attorney request the Target surveillance video, however, generally video gets written over in 30-60 days so you should get on this now.

Q: I have court this month. I was arrested but bonded out same day. First court appearance, what can I expect?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Aug 8, 2018
Andrew Bennett's answer
Your 1st court appearance is your Initial Hearing where the judge will advise you of your Constitutional Rights, also the charges and the penalties. He will then ask you if you plea guilty or not guilty. If you plea guilty the judge will sentence you without you seeing any discovery and without having talked to an attorney. You should plea not guilty and at least consult with an attorney, best if you can do so before your Initial Hearing, to determine what your options are in the case. The...

Q: My mother owned a property joint tentants w ros and passed away leaving a will and including a quit claim deed that deed

1 Answer | Asked in Estate Planning for Indiana on
Answered on Aug 7, 2018
Alexander Florian Steciuch's answer
Joint tenants with rights of survivorship can have those rights severed if the property is transferred in part, such as if a person deeds their interest in the property as tenants in common.

You should sit down with a real estate attorney or a probate attorney as soon as possible to review all the necessary and relevant documents to obtain legal advice specific to your situation and possibly retain legal counsel.

Q: I am the homeowner of property in Portage,IN & lease has expired& thetenants are 6 mo. behind rent I still need eviction

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Aug 7, 2018
Alexander Florian Steciuch's answer
The eviction process is the only process that allows a landlord to remove a tenant from the property. You do not need to hire an attorney to file an eviction in Indiana. However, if you are not physically present in the state an attorney can file an eviction on your behalf. It would be prudent of you to show up for the hearings though.

Q: Neighbors aggressive unrestrained dogs attacked my cat, what can I do?

1 Answer | Asked in Animal / Dog Law for Indiana on
Answered on Aug 7, 2018
Alexander Florian Steciuch's answer
First step would be reporting the aggressive dogs to whatever your local version of animal control is, whether that is at a local or county level. Some counties require animal attacks to be reported.

Second you may be looking at a small claims case assuming that the damages are under $6,000.00 ($8,000.00 in Marion County). Small Claims cases are a relatively informal legal procedure that is set up for litigants unrepresented by an attorney (although you may retain one for Small Claims...

Q: Once a lease ends & the tenants are 6 months behind on rent and we’re served with a notice to comply or quit

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Aug 6, 2018
Alexander Florian Steciuch's answer
I'm confused in this situation. Are you the landlord or the tenant? A landlord would not get a 'notice to comply or quit.'

Unfortunately for you if you are the landlord in Indiana, eviction is your only legal option to remove tenants from a property, whether or not they are holdovers.

You could negotiate with the individual to get them out of the rental property, but they are under no pressure to move.

Q: How old do u have to be to choose who u want to live with?

1 Answer | Asked in Child Support for Indiana on
Answered on Aug 6, 2018
Alexander Florian Steciuch's answer
You don't have the ability to choose who you live with. The judge overseeing your custody will make a decision based on the best interests of the child. You don't get to decide who you live with until you are emancipated.

That said, the wishes of the child are a factor in deciding who will have custody. Those wishes are given heavier weight in consideration at age 14.

Q: if I'm 17 are my dad and step mom allowed to touch my personal property and things i have payed for myself

1 Answer | Asked in Juvenile Law for Indiana on
Answered on Aug 6, 2018
John Mario Acosta Jr.'s answer
Based on your question, I can appreciate your situation being a young adult, but with that said you are considered a minor until you turn 18 and as such you can't own property. The property you speak of belongs to your parents or to those whom you live with. The property purchased by your mother would belong to her but if it is in their home then then can touch it and go through it. Furthermore, when you turn 18 and if you decide to move out and their is a dispute as to who owns the property...

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