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Indiana Questions & Answers
1 Answer | Asked in Car Accidents for Indiana on
Q: Am I reliable for all damages rendered after a not at fault car accident because I didn't have car insurance?

I was not at fault for the accident.

Location, state of Indiana.

This is the first time I was involved in an accident not having car insurance coverage.

No personal injury occured during the accident.

Damages rendered was my to my own vehicle and property damage to... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2022

An Indiana attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, not having insurance does not necessarily make one liable for damages. The person would be in violation of state laws for having an active insurance policy in... Read more »

1 Answer | Asked in Divorce and Family Law for Indiana on
Q: I am wanting to file a seperation / protective order how does this work

Is he allowed to come back to the property

Is he required to pay child support

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

A Protective Order also called an Order of Protection can be filed in Family Court, Divorce Court, or Criminal Court. In order to exclude your spouse or significant other from the home, you will need to request an exclusionary order. This will require you to allege specific dates in your... Read more »

1 Answer | Asked in Uncategorized for Indiana on
Q: While reading the newspaper, you note a case that is being handled by the U.S. District Court in Hammond, Indiana. From

It is a federal trial court case.

Not enough information to determine.

t is a state trial court case.

It is a federal appellate court.

Tim Akpinar
Tim Akpinar
answered on Sep 19, 2022

An Indiana attorney could advise best but your question remains open for a week. Although students sometimes seek guidance on Justia, this appears to be a question based on an actual, real-life setting. It would be a federal trial court case. District courts are the first level trial courts in the... Read more »

1 Answer | Asked in Workers' Compensation for Indiana on
Q: I was at work holding a students hand lightly when he grabbed my hand with both his hands and fell to the floor.

He caused my shoulder to sprain. Can I get a payment from workers comp for the injury?

Charles Candiano
Charles Candiano
answered on Sep 18, 2022

Your question is very oddly phrased. If you sustained an injury as diagnosed by your physician, by the means that you explained, you have clearly sustained a work injury. If you timely report this injury to your employer, you have a solid Worker's Compensation claim which means that you are... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Looking to get my records expunged but I know little to no information, I don't no how to go about it (Indiana)

Looking to get more info like what paperwork I should file if I need a lawyer or not to do this money court cost expectations

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Sep 12, 2022

You can look on in.gov and see if there are forms. However, it may be wiser to consult with a criminal defense attorney since expunging convictions can get complicated depending on the number of cases as well as depending on the level of the offense there are likely different timelines and... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Is 9-18.1-11-2(b)(2) Driving with expired plates A citation that will give points? If yes is there a lower citation?

By lower citation I am referring to something that I could ask the prosecutor to amend it to that would not carry points. I did renew my registration while the ticket was being issued. I just completely was unaware that it had expired. My email filter apparently took out the emails from the state... Read more »

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Sep 12, 2022

Expired plates should not add any points to your record since it is not a moving violation. If you have already renewed your plates; I suggest contacting the prosecutor's office and provide them proof. The prosecutor may be willing to dismiss the case for you being in compliance.

1 Answer | Asked in Criminal Law for Indiana on
Q: I was urine tested today on house arrest in Indiana and I'm pretty sure it will come back as a positive what will happen

This is my first ever failed screen I'm on house arrest until December 5th

Greg Spencer
PREMIUM
Greg Spencer
answered on Sep 7, 2022

If this is your very first write up, it may be possible to have an administrative hearing. It depends on the county, and if it is your first dirty drop or not.

It is also possible community corrections file a violation with the court.

1 Answer | Asked in Criminal Law for Indiana on
Q: I shoplifted for the first time and got caught. The cops arrested me and let me go with a citation for court.

After court what are the chances I will go to jail . The items were only worth thirty dollars total. I have no prior criminal record or anything not even a speeding ticket. I am 18 years old. Again the main point of the question is will I go to jail or not, not will this be on my record. Thanks.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Sep 6, 2022

You should contact a local criminal defense attorney to discuss the situation, most offer free consultations. An attorney should be able to help keep this off your record.

1 Answer | Asked in Criminal Law for Indiana on
Q: My boyfriend's been in jail for 15-day hold for a violation of probation will they give him a bond after his 15 days are
Greg Spencer
PREMIUM
Greg Spencer
answered on Sep 5, 2022

It depends on the county and the seriousness of the violation. Mycase.in.gov may state “hold then bond in the amount of…or “15 days hold then no bond hold.”

1 Answer | Asked in Immigration Law for Indiana on
Q: How long is a K1 visa take and what is the cost in Indiana? Thank you
Stephen Arnold Black
Stephen Arnold Black
answered on Sep 4, 2022

You file for a K-1 visa and then after that is approved it is sent to the national Visa Center in New Hampshire for processing, and the file will remain there until the US consulate overseas notifies the NVC that they will acceot the file to be shipped to the consulate for processing. The entire... Read more »

1 Answer | Asked in Trademark for Indiana on
Q: I just trademarked my business name and I recived a cease and dissise letter tell us to change our name.

Their name isn't I just trademarked my business name and I recived a cease and dissise letter tell us to change our name or we will get sued. Our name is back to Eden Herb Shop and their name is Eden food. They are not trademarked. Is this trademark Infringement? Can they sue us

Erik Špila
Erik Špila
answered on Aug 31, 2022

Dear Mr or Mrs,

at first I would like to say - this situation is quite common and it surely has its solution, so you do not need to panic or be stressed about that.

In modern world you can basically sue anyone for anything, however, your success rate depends not only on good...
Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: I backed up into my neighbors car while intoxicated and left the scene. What changes should I expect?

I saw her later that day and gave her my insurance information and told her I was intoxicated, she told the officer that I was intoxicated. When I when to the police station the next day to give my statement I told him I was intoxicated when I backed into her car, panicked and left the scene.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Aug 26, 2022

Unless the police have more than your admission of being intoxicated, I do not see how you could be prosecuted for an OWI. However, you will very likely be charged with leaving the scene of an accident. From this point forward, you should not speak to your neighbor about the situation, nor the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I am wanting to make something similar to patent # 10517291 but I do not want to infringe on the patent.

I want to use gears instead of the timer to give somewhat of the same effect but the motor will be constantly on, and I will not have a timer at all. Does this idea infringe on this patent? It specifies the cycler as a timer chip, which I will not be using, so I do not see something wrong with this... Read more »

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Aug 24, 2022

Hi, this would involve what is called a Non-Infringement Analysis, which involves a careful determination of claim scope and whether what you’re looking to do falls within it. Generally, patent attorneys are able to conduct this type of analysis, and should be able to assist you with making... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Hi is it illegal for a prosecutor for criminal case to not file appearance
Greg Spencer
PREMIUM
Greg Spencer
answered on Aug 16, 2022

It might not be reflected on mycase.in.gov but a prosecutor is most likely assigned to the case, and you or your attorney know who that is. Sometimes prosecutors get reassigned to other cases or courts.

1 Answer | Asked in Family Law for Indiana on
Q: The sheriffs department has denied me copies of the autopsy pictures from my sons autopsy, how can I obtain them?

County coroners office says they did not take pictures of autopsy(only investigative pictures from the scene and they won’t release those) but the sheriffs department did take pics of autopsy. I have requested them and they denied them but I need them to have his case properly investigated.... Read more »

Charles Candiano
Charles Candiano
answered on Aug 15, 2022

You offer no explanation for asserting that you know autopsy photos exist or why the Coroner and the Sheriff would prevent you from getting them. The easiest way to memorialize your request for the documents is to make a FOIA request. Serve one on the corner and serve another on the sheriff.... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I am being charged with a neglect of a minor , it was just issued a few days ago but it’s saying the incident happene

Said incident happened on 4/9 of this year but I was never arrested or charged with anything but now all of a sudden I’m being charged, and this is the first I’m hearing of this, is this legal

Greg Spencer
PREMIUM
Greg Spencer
answered on Aug 14, 2022

Yes. There may be different reasons fir it including late reporting of the alleged crime.

1 Answer | Asked in Personal Injury for Indiana on
Q: my car worked on and when I got the car back I had cut my finger from a razor blade that was left in my seat.

Is there anything legal I can do

Charles Candiano
Charles Candiano
answered on Aug 11, 2022

You must be able to prove that the repair shop was responsible for placing the razor blade on your seat. That may not be easy unless you can demonstrate that you were charged for some procedure in the interior of your car that would have required or may have required use of a razor blade. You... Read more »

1 Answer | Asked in Insurance Bad Faith for Indiana on
Q: My insurance company denied my renewal without proving a written reason. Homeowner policy.

After 17 years of coverage my insurance company denied renewal without reason. Do I have any legal defense in the state of Indiana?

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2022

An Indiana attorney could advise best, but your question remains open for four weeks. As a general rule nationwide, insurance carriers do have the right to not renew policies, whether based on claim history or other factors. For state-specific guidance, you could check with the Indiana Department... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: My neighbor planted Oelander on an easement close to street where lots of neighborhood children and elderly walk, in IN

It is poisonous to the touch. Can I make them remove it?

Charles Candiano
Charles Candiano
answered on Aug 5, 2022

All parts of the plant are highly poisonous. If you are positive of the plant's identity, your neighbor must be a moron. Nobody would want to assume the liability for causing serious illness or death to humans and pets, irrespective of their age. If it is their property, they have a right... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Indiana on
Q: What are the consequences of the information being incorrect on the official affidavit.

I was pulled over and they gave me a possession charge. In the report the vehicle listed is incorrect

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 2, 2022

It can be used to attack credibility of the witness, however unless there is something more, as long as the witness is accurate with everything else, including identifying the defendant as the violator in Court, it most likely will not be enough to help the defendant.

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