Indiana Questions & Answers

Q: I am a landlord and i have a roomate do they have the right to go thru my personal property while im not home

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on
Answered on Jan 23, 2018

No, they cannot. Warn them and next time ask them to move out of property.
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Q: I served out my probation violation sentence in jail .can they take my bond and use it towards probation fees

1 Answer | Asked in Criminal Law for Indiana on
Answered on Jan 23, 2018

If there is any bond after you were placed on probation or if you posted a bond after the violation of probation, then yes the court can use it towards probation fees and other costs of the file.
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Q: What does 10,000 court cash bond mean

1 Answer | Asked in Criminal Law for Indiana on
Answered on Jan 22, 2018

Generally, it means that $10,000 in cash needs to be posted. If its a surety bond then it would be 10% of the 10,000.
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Q: Can my wife & I file Chapter 7 and keep our home, equity of $30k? Our income is around $80k. Other debt is unsecured.

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Jan 19, 2018

Unless your household size is 5+, you're above the median income in Indiana, so your eligibility to file chapter 7 depends on the means test, which requires a more comprehensive analysis. You would need to retain a bankruptcy attorney to do this analysis.

Information provided for informational purposes only and should not be taken as legal advice.
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Q: My fiance was denied tourist visa entry into US in the Summer. Would this affect his chance of getting K1 visa approved?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Jan 18, 2018

A visa denial, in and of itself, would have no bearing on your fiancé’s K1 visa approval. It is a question of why it was denied. It is very possible that it was denied because he admitted that he was going to see his fiancé(e) in the U. S., which is not the proper use of a tourist visa. You do not say if you have filed the K1 visa already, but if you had, that likely had some bearing on the decision.
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Q: If i have 12 tickets and i pay them all before i go to trial and have my license reinstated, can i still be jailed?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 17, 2018

If you are facing a charge of DWS as a Misdemeanor then YES you could still be jailed. The question is what was your status at the time of the traffic stop and not what your status is at the time of trial or plea. You should consider hiring an attorney and not pay all the tickets. First, paying 12 tickets may further suspend your license, add reinstatement fees, raise insurance rates, etc. Secondly, an attorney may be able to negotiate several dismissals and resolve others without effecting...
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Q: I'm in Indiana, my father passed away. He was arrested & scheduled for court. Why do they not just drop his case?

2 Answers | Asked in Criminal Law, Car Accidents and Elder Law for Indiana on
Answered on Jan 16, 2018

Send them a copy of the death certificate. Leave it be--they can't arrest the dead.
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Q: I was ticketed for going 50 in a 35 area. Will it be lifted if I fight it and the officer doesn’t come to to the hearing

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 16, 2018

It depends on the court. Your first hearing will be your initial hearing and if you plea not liable the court will likely set for a bench trial. If the officer fails to appear at the trial then the court may dismiss the ticket but may also continue the trial to another date. You may want to consider hiring an attorney who can represent you and go to court for you. The attorney should be able to get a reduced plea that will not affect your driving record.
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Q: My sister passed away she,was,single n had no kids dose that make me incharge of all of her esate n what steps do i need

1 Answer | Asked in Family Law, Wrongful Death and Probate for Indiana on
Answered on Jan 12, 2018

Assuming no other close relatives you are entitled to petition for grant of letters of administration. It doesn't automatically make you in charge of anything. Suggest you contact a probate attorney.
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Q: I was in a car accident in 2015 & I obtained a lawyer right after because the crash was the other drivers fault.

1 Answer | Asked in Car Accidents for Indiana on
Answered on Jan 12, 2018

You want to be clear why they dismissed the other man. Generally it's left for the jury to decide but if the Court let them out the Court would have written a memo on it. However if you have uninsured motorist benefits it may not make a difference. You should sit down with your attorney to get an understanding of what is going on. If each driver in a chain collision can't agree there are problems and it isn't unusual for the case to take time. Sit down with your attorney then get a second...
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Q: What are the chances my daughters father would get more than joint legal custody after 7 years?

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Answered on Jan 12, 2018

It is unclear from your question as to whether you are truly asking about legal custody (decision-making power) or physical custody (where the child resides). If you have joint legal custody with the father of your child that means that you both are to make major decisions jointly with respect to religious upbringing, medical treatment and education. If you have joint physical custody, it means your child spend roughly equal time with both of you.

Assuming your daughter's father...
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Q: I am told that visitation is the child's right. And is not situational on child support payments is that true.

1 Answer | Asked in Family Law and Child Support for Indiana on
Answered on Jan 12, 2018

I believe you are asking if parenting time (visitation) is contingent on payment of child support then the answer is "no". Child support and parenting time are both viewed by the court separately. Non-payment of support will never justify the withholding of parenting time. Nor can you stop paying child support if the custodial parent withholds parenting time.
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Q: When a cops smells "raw" marijuana. Does that mean plants that are alive?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Jan 12, 2018

Not necessarily, it means marijuana that has not yet been burned; either as live plant or dried.
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Q: If I have an expunged misdemeanor, do I need to say yes for the question, "have you been convicted of a misdemeanor" ?

1 Answer | Asked in Criminal Law, Employment Law and Education Law for Indiana on
Answered on Jan 8, 2018

If the case is truly expunged and no just dismissed then you do not need to tell anyone about your case with limited exceptions. You may want to check mycase.in.gov to confirm your case has truly been expunged.
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Q: After I pay my speeding ticket will the BMV send paperwork asking for proof of insurance in state of Indiana?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 8, 2018
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Q: I was given a ticket for driving on suspended license 9 24 18 1. Cop appardntly just ran my plate.

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 8, 2018

In Indiana an officer can randomly run license plates. If it comes back the registered owner is suspended the officer should make an effort to determine if the driver matches the description of the owner before pulling vehicle over. After confirmed driver matches the owner then the officer is permitted to make a traffic stop for no other reason than the plate being run. If you admit to the violation it will add 8 points to your record and suspend you for at least another 90 days also likely...
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Q: Failure to stop ticket. Is there a law that allows me to protect property?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 5, 2018

You may want to consider hiring an attorney to represent you and convey all the facts to the prosecutor. If you take it to trial the standard the judge must follow is preponderance of the evidence; if he believes the officer 51% and you 49% you will be found liable. This offense would very likely affect your insurance rates and add I believe 4 points to your record.
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Q: What form do I need to file to have my reinstatement fee waived in Hancock co. I also have a unpaid ticket in Shelby cou

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jan 5, 2018

You will need to pay/resolve Shelby County before you can proceed with the fee waiver. Be careful on just paying the ticket, it may cause more problems/suspension; you may want to consult with an attorney to be certain you are not making it worse. Once you can proceed with the waiver, go to in.gov and go to the BMV tabs to get to the waiver form and affidavit. Good luck.
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Q: Does anyone who drives my car have to use the interlock device?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Jan 5, 2018

Be sure to check your rules regarding the interlock devise. The installer or the court may require that only you can drive the vehicle as its my understanding that the devise is calibrated to you.
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Q: I was the plaintiff in a Small Claims case 17 months ago. We haven't heard a peep since. What can we do? Is it possi

2 Answers | Asked in Products Liability and Small Claims for Indiana on
Answered on Dec 29, 2017

Contact the Court. See if your case was misfiled. Or maybe dropped if they sent you a notice to which you didn't repsond.
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