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2 Answers | Asked in Criminal Law and Civil Rights for Indiana on
Q: Can "Fruit of the Poisonous Tree" be used as a defense for meth found after false gun report?

Someone falsely reported to the police that I had a gun. When pulled over, I fled because I was without a license. Although I did not have a gun, the police found meth in my truck's cooler. I'm charged with possession and intent to distribute, although there's no fingerprint or DNA... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 4, 2025

Likely not, had the police pulled you over simply because of the false allegation of a gun, you might have a good chance. However, because you fled, the discovery of the meth was likely as a result of a search incident to an arrest. The definitive answer will depend on the fine details of the... View More

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2 Answers | Asked in Traffic Tickets for Indiana on
Q: Can I reduce or drop a ticket for speeding 74 mph in 55 mph zone in Indiana?

Can I reduce or drop a ticket for speeding under Indiana Code 9-21-5-2(a)(2) for exceeding the maximum speed of 55 mph? I was driving 74 mph. This is not my first ticket, but it's my first for this year. There were no specific conditions like weather or traffic influencing my speed, and there... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 4, 2025

To answer your question will depend on a few factors. Are you a CDL operator, if so, it is very likely the prosecutor will tell you your only option is to pay the ticket or take it to trial. If you are not a CDL operator, it will depend on your record and which county your case is filed in.

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2 Answers | Asked in Civil Litigation, Personal Injury and Contracts for Indiana on
Q: Should I sue a contractor for improper furnace installation leading to health issues?

In January 2017, we had a furnace installed, but in November 2017, the duct board fell and burned due to improper installation. My wife inhaled smoke from this incident, which we suspect may have contributed to her developing an autoimmune disease, as toxic fumes are known causes. Although no... View More

Charles Candiano
Charles Candiano
answered on Apr 4, 2025

I am not an HVAC contractor, but I don't understand how improperly installed ductwork could possibly cause a fire. If that happened, the installer would almost certainly file a third-party action against the manufacturer, thereby minimally tripling the cost of any suit. Beyond that, you... View More

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2 Answers | Asked in Wrongful Death, Civil Litigation and Personal Injury for Indiana on
Q: What Indiana rule determines jurisdiction in a wrongful death case?

What Indiana trial court rule determines jurisdiction in a civil wrongful death case, especially if the decedent was killed in a different county than where she lived? The case is filed against an individual, and there are no other pending related cases.

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

You are really asking two separate questions. You are asking about jurisdiction (authority of the Court) and venue (the appropriate situs to bring the action). Jurisdiction is addressed in Rule 4.4 and venue is addressed in Rule 75. In your example, any state Court in Indiana would have... View More

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2 Answers | Asked in Employment Law and Personal Injury for Indiana on
Q: Can I sue the bar for negligence and wrongful termination after reporting drug use?

I reported to my manager that a coworker was using intravenous drugs in our bar's employee restroom. Despite my reports, no action was taken. I kept a bloodied toilet paper roll used by the employee as evidence. I was terminated about three weeks after my last report, and the manager indicated... View More

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2025

An Indiana attorney could advise best, but your question remains open for two weeks. In terms of your question of suing for negligence (relating to the "Personal Injury" category of the post), I believe your remedies for any type of injury would generally be limited to workers' comp... View More

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2 Answers | Asked in Consumer Law and Personal Injury for Indiana on
Q: Found medication pill in Kroger broccoli slaw, what should I do?

I found half a pill and some pieces in prepackaged Kroger broccoli slaw while eating it and spat it out. As an RN, I'm certain it's medication due to pill markings (numbers on it). I have the pill, pieces, and remaining slaw in its packaging. It's too late to contact Kroger today,... View More

Charles Candiano
Charles Candiano
answered on Mar 26, 2025

If you are correct, a deli worker dropped prescription medication while making coleslaw. Failure to notice or remediate the situation constitutes negligence that can be imputed to Kroger. That said, notwithstanding Kroger's negligence, if you suffered no ill effect from ingesting the... View More

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2 Answers | Asked in Education Law, Personal Injury and Civil Rights for Indiana on
Q: What attorney to contact for school bus safety and discipline issues in Indiana?

I am concerned about an incident where my 3-year-old child, who has behavioral issues, managed to get out of his harness on the school bus and nearly fell. My child claims the bus driver spanked him, and when we requested to review the bus footage to understand how he reached the front of the bus,... View More

Charles Candiano
Charles Candiano
answered on Mar 25, 2025

Why would you want to pay a $5,000 retainer to hire an attorney to see a video of your child acting badly? What are your concerns? If your child has behavioral issues, why is he riding the bus at age 3? If this is a publicly funded school, it is protected by the Indiana Tort Claims Act. On your... View More

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2 Answers | Asked in Workers' Compensation and Employment Law for Indiana on
Q: Can a company take vacation time as workers' comp days and terminate employment in Indiana?

Can a company in Indiana deduct my vacation time to cover days while I'm on workers' compensation and terminate my employment after issues with those deductions? My employer took five days of PTO while I was on workers' compensation. HR said there's nothing they can do about... View More

Charles Candiano
Charles Candiano
answered on Mar 23, 2025

Your question is confusing. I don't know whether you're saying that you were paid for the 5 days or not. In Indiana, the employer doesn't have to pay you For the first 7 days unless you are off work for 21 days or longer due to your injury. If your injury was disputed and/or you... View More

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3 Answers | Asked in Gov & Administrative Law, Civil Litigation and Personal Injury for Indiana on
Q: Should I ask for more compensation in my Tort Claim against the city for sewer damage?

I live in a town where the city neglected the sewer main by my house, causing sewage to flood into my finished basement. A plumber confirmed that the issue was solely the city's responsibility, and the city was fixing the problem in a neighbor's yard when the plumber verified with them... View More

Charles Candiano
Charles Candiano
answered on Mar 19, 2025

I disagree with your strategy. A far better course of action is to file a claim with your insurance company. If the insurance company wants to pursue a claim against the City of Hobart, that is their prerogative. BE CAREFUL!!! you cannot sue a municipal entity unless you file a tort claims... View More

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3 Answers | Asked in Gov & Administrative Law, Civil Litigation and Personal Injury for Indiana on
Q: Should I ask for more compensation in my Tort Claim against the city for sewer damage?

I live in a town where the city neglected the sewer main by my house, causing sewage to flood into my finished basement. A plumber confirmed that the issue was solely the city's responsibility, and the city was fixing the problem in a neighbor's yard when the plumber verified with them... View More

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2025

My colleague raises excellent points. You may want to discuss this with local attorneys to help you make the best decision. As between pursuing through your insurance or a municipality, while both present their share of challenges, city-based claims are often more difficult. Also be mindful of the... View More

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3 Answers | Asked in Car Accidents, Consumer Law and Insurance Defense for Indiana on
Q: Can my son be held responsible for a car accident without clear fault on snowy roads?

My son was involved in a car accident in Indiana with no personal injuries and no citations for fault by the authorities. The roads were snow-covered at the time of the incident. The other driver lost control and wrecked their vehicle, and subsequently, my son, who was behind them, hit their... View More

Charles Candiano
Charles Candiano
answered on Mar 17, 2025

If I understand correctly, you imply that your son was driving uninsured on the date of the accident. You further state that the roads were snow-packed and that the car in front of your son lost control while it was traveling at approximately the same speed as your son. The other car was... View More

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1 Answer | Asked in Criminal Law for Indiana on
Q: Facing hearing in Indiana for buying alcohol for a 15-year-old minor. Do I need an attorney?

I am facing a first hearing for allegedly buying alcoholic beverages for a minor who is 15 years old in Indiana. There are no previous offenses involved. Do I need an attorney for the first hearing, and what should I expect?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 15, 2025

You do not need an attorney for the first hearing, which is your initial hearing as long as you enter a not guilty plea. However, if you are charged with a misdmeanor of furnishing alcohol, you could plead guilty at your initial hearing, though that would be unwise. You should consult with a... View More

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Indiana on
Q: Can I strip my abusive ex's parental rights after our baby is born in Indiana?

I am currently pregnant and not married. My boyfriend and I broke up after he physically assaulted me while pregnant, and I pressed charges against him. He also broke into my home, leading to a no-contact order being placed. I have previous charges filed against him for breaking and entering, and I... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 11, 2025

Since you say you are not married then he currently has no parental rights to your child. However, if he goes to court and establishes paternity, then he would have rights. However, even after paternity is established the court can make visitation supervised or not at all if he is a danger to the... View More

2 Answers | Asked in Constitutional Law and Criminal Law for Indiana on
Q: Can a non-violent felon own a gun after 9th Circuit ruling?

I have a non-violent felony conviction from over ten years ago and have not pursued any legal proceedings since. I'm inquiring about the impact of the United States v. Duarte ruling by the 9th Circuit on my ability to own a gun. Can I now legally own a firearm?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 11, 2025

It is uncertain how a 9th circuit case would impact someone living in the 7th circuit or any other circuit, until the S. Ct. hands down a ruling. Regardless, you may want to consider expunging your felony conviction and then going through the process of restoring your rights under IN law. This... View More

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1 Answer | Asked in DUI / DWI and Criminal Law for Indiana on
Q: What is the penalty for a DUI in Indiana with a prior out-of-state DUI and a Class 6 felony charge?

What will the penalty be for a DUI in Indiana if there is a prior DUI from another state four years ago, and the current charge has been upgraded to a Class 6 felony for an unknown reason?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 11, 2025

If you are arrested for and OWI and have a previous conviction within 7 years in IN or out of state and the out of state conviction offense is substantially similar to an IN offense, then the new OWI can be filed as an F6 felony. This has a penalty range of 6 months to 2 1/2 years in jail and up... View More

2 Answers | Asked in Employment Law, Car Accidents and Personal Injury for Indiana on
Q: Who is responsible if an HVAC employee is injured in a company vehicle on the way to a service call?

I work in HVAC, and our employer plans our service calls. Recently, our company's policy changed so that we're not paid for driving to our first service call of the day and we can't use company vehicles for personal use. In a hypothetical situation, if I were in an accident and... View More

Charles Candiano
Charles Candiano
answered on Mar 10, 2025

Hypothetical questions are difficult because the details often don't make sense. If you are injured in an accident that is not your fault, the at-fault driver is responsible. None of the other details matter. If the at-fault driver is uninsured or carries minimum coverage and you sustained... View More

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1 Answer | Asked in Child Support and Workers' Compensation for Indiana on
Q: Why contempt court for unreported child support instead of garnishing benefits?

I reported the non-custodial parent is receiving workers' compensation benefits from the U.S. Department of Labor, which he hasn't reported. This was reported three months ago. The last two hearings resulted in either an increased obligation for the non-custodial parent or keeping the... View More

Charles Candiano
Charles Candiano
answered on Mar 9, 2025

When any Court issues a child support Order, it is ordinarily forwarded to the employer of the party responsible for payment. The funds are then deducted from that person's paycheck. If the employee is injured and eligible for Workers' Compensation benefits, the employer is obligated to... View More

1 Answer | Asked in Workers' Compensation for Indiana on
Q: Workers' comp disputes knee surgery relation to claim. What can I do?

I'm in the process of negotiating a settlement, but workers' compensation is disputing that my knee surgery is related to my claim. I suffered a torn meniscus in my right knee, which was confirmed by two doctors, each with identical notes. After the company's doctor only did an MRI... View More

Charles Candiano
Charles Candiano
answered on Mar 4, 2025

To begin, you are not "negotiating" a settlement. In Indiana, the treating physician would assign a permanent partial impairment rating (PPI). The value of your claim can be determined mathematically by plugging in numbers from the statute. If the claim is fully disputed, the only thing... View More

1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for Indiana on
Q: Legal protections for Indiana bus driver assaulted by student

I am a 72-year-old bus driver in Indiana, and I was hit in the face by a student's backpack. Two weeks later, the same student kicked me in the ribs. The bus aid was also hit during the incident. The school suspended the student for a week and then assigned him to another bus. What protections... View More

Charles Candiano
Charles Candiano
answered on Mar 3, 2025

You can and should have made a police report as each of those incidents constituted a battery on you. If the child is a minor, any charges would be processed through the juvenile justice system. Regardless of his/her, no student should be committing battery on a bus driver or the aid without... View More

1 Answer | Asked in Workers' Compensation, Arbitration / Mediation Law and Legal Malpractice for Indiana on
Q: Workers' comp case delayed for over 10 years, need advice.

I have a workers' compensation case that has been ongoing for over 10 years. Neither side seems to be pushing it to completion, and I don't understand why the arbitrator hasn't pursued trial or settlement. I've reached MMI several years ago, continue to see doctors due to... View More

Charles Candiano
Charles Candiano
answered on Feb 26, 2025

You talk about "ongoing injuries" and the need for "more surgeries." Are these ongoing injuries also work injuries, even if they are unrelated to the open worker's compensation claim? Many employers prefer to settle all open claims at once. Nothing in law or medicine... View More

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