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Indiana Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Indiana on
Q: My husband has federal court coming up and on the court docket it has Plaintiff: USA Defendant: (a different name.

It has my husbands co-defendant)

My question is why is that like that?

Matthew Williams
Matthew Williams answered on Jun 14, 2021

It really depends where on the docket you are looking, but case captions are generally limited to one name. So you'll often see USA v. John Doe, et al. The et al. stands for everyone else. Some cases have lots of defendants and it would make things awfully cumbersome if they all had to be... Read more »

1 Answer | Asked in Trademark for Indiana on
Q: I'm trying to get in touch with a Thomas young he handled my trademark a few years ago and I can't figure out which comp

Which company did my trademark?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 14, 2021

You can consult with an attorney and search for your trademark in the system

1 Answer | Asked in Estate Planning and Elder Law for Indiana on
Q: Final wishes if executor has already died.

My husband and I have no children. We are each other’s executors. So clearly, one of us won’t have an executor. This isn’t a problem to us as we have agreed to leave anything left over in our estate to charity. But in the state of Indiana, there is a requirement of Authorization needed before... Read more »

Steven J. Fromm
Steven J. Fromm answered on Jun 5, 2021

This is always a difficult question. It is not really a question of law. It really is having people in your lives that you trust. Sometimes clients in your situation look to friends, more distant relatives or trusted professionals, like a CPA or attorney who you can trust. Really, your wills,... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Unmarried couple with 2 kids. House and vehicles only in my name. Can she take one vehicle and I'll pay for it?

If she takes one vehicle, does that subtract from child support or do I pay for it still plus all of the child support?

Troy Tyson
Troy Tyson answered on Jun 4, 2021

Unmarried couples who are trying to split property face different challenges than those going through a divorce. You should speak with an attorney who can look at your situation in more detail and lay out a path forward.

1 Answer | Asked in Family Law for Indiana on
Q: Do I still need to establish paternity?

I am wanting to get full custody of my son. He was born in Kansas when I was with his mom and we all moved here a few months later. I was not married to his mom but I am on the birth certificate. Do I still need to establish paternity?

Troy Tyson
Troy Tyson answered on Jun 2, 2021

That will largely depend on the laws of Kansas, so you may want to consider speaking with a good family law attorney there. However, in Indiana, the signing of a paternity affidavit (which would have been required in order for you to appear on the birth certificate) would be good enough to... Read more »

2 Answers | Asked in Real Estate Law for Indiana on
Q: I am purchasing 2 lots of land for $8000 and putting $6000 down. Should they be putting at least 1 lot in my name?
Anthony M. Avery
Anthony M. Avery answered on May 31, 2021

You need to stop what you are doing right now. Hire an attorney to search the title, then draft the deed, note and security instrument. Apparently you only are going to get a lease with option to purchase with your present scheme, and not own anything.

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1 Answer | Asked in Criminal Law for Indiana on
Q: My boyfriend was arrested for carrying a handgun this is his second time with this charge what is he facing
Andrew L. Bennett
Andrew L. Bennett answered on May 29, 2021

Most likely he is looking at a level 5 felony which has a penalty range of 1-6 years in prison and up to a $10,000 fine.

1 Answer | Asked in Car Accidents and Traffic Tickets for Indiana on
Q: How long would a prior conviction effect a new case?

15 years ago I received a driving while suspended citation. I recently received another. I received the ticket because someone ran a red light and Tboned me. How will that affect the verdict/punishment? My license has zero points on it. Was a dumb mistake. I have gotten my license reinstated... Read more »

Charles Candiano
Charles Candiano answered on May 25, 2021

Your question is a bit confusing. It looks like you are saying that you drove on a suspended license for 15 years. If you live in Detroit, Michigan, why are you asking about Indiana law? You really need to consult a local traffic attorney to assess your options. print out a copy of your driving... Read more »

1 Answer | Asked in DUI / DWI for Indiana on
Q: How can I best manage a DUI without a lawyer?

I recently made an extremely irresponsible decision and attempted to operate a vehicle after drinking.

I am no longer working (I am however taking time to learn how to create apps to create a business) due to the pandemic and thus cannot afford an attorney.

I know how this... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on May 25, 2021

It would be in your best interest to not make another irresponsible decision and try to represent yourself. OWI/DUI cases can be technically difficult cases. If you cannot afford to hire an attorney, you should ask for a public defender who can assist you in evaluating your case and negotiating a... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: If I was charged with a crime 6 years ago for theft does the statute of limitation of 5 years terminate those charges?

In December of 2014 and January of 2015 I caught the charges and then came to Florida before I was sentence or to go to the court does the statue of limitation of 5 years drop those charges?

Andrew L. Bennett
Andrew L. Bennett answered on May 21, 2021

The Statute of Limitations (SoL) controls when the state has to file the charges. So from the offense date to the filing date cannot be more than 5 years on most felonies. Therefore, if you were charged within the 5 years, but have not gone to court the SoL will not terminate the charges.... Read more »

1 Answer | Asked in Copyright for Indiana on
Q: Is it legal for me to stream myself (on twitch or youtube) reading a book that I own? Would it fall under fair use?

Basically something i've been wanting to do is get back into reading since it's not something that really happens a lot anymore in the common world. I would also like to share what I am reading with others so that they to might find enjoyment in it, I would not be showing the pages/screen... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 21, 2021

In general probably not.

You would be infringing several property rights.

Consult with an attorney.

1 Answer | Asked in Admiralty / Maritime and Adoption for Indiana on
Q: Can I get a case reopened when it did go in front of a judge and my rights was took and my children was adopted out

And I lost my rights when I was in jail and now I got a job and better myself my rights got took in 2020 and I been out of trouble and clean for a year so is there a way I can get them back

Tim Akpinar
Tim Akpinar answered on May 19, 2021

Your question remains open for two weeks, probably because the Admiralty/Maritime heading you included got in the way of the main issue, which is adoption. Try reposting again, and only choose Adoption and Family Law as categories. If you still don't receive a response, you could reach out to... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: I understand IN is an at-will employment state. Can an employer legally fire you to cover up a mistake made on their end

My spouse was an independent contractor for a RV transportation company. The opportunity came for my spouse to get involved in hotshot transportation. He brought the idea to the owner/manager of the company. The owner/manager agreed it was a good idea and approved my husband doing the work under... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on May 18, 2021

Unfortunately, there is nothing inherently unlawful about your spouse's termination, since employees can be terminated for any reason or for no reason at all in at-will states. However, the one exception to this rule is if your spouse believes they were targeted for termination due to a... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I'm doing a paper for school, and wanted to ask how the testing process for the insanity plea normally goes during trial

I need to know how long the testing normally goes for, what happens to the trial during that time, etc. Thank you for your time

Andrew L. Bennett
Andrew L. Bennett answered on May 18, 2021

If a person is claiming insanity, they must file a notice with the court, long before trial. In Indiana there is a specific statute for defenses and when they must be filed. If the court agrees there is a basis for the assertion of insanity, the court will appoint 2 to 3 independent psychologists,... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a detective just send a criminal investigation case to the prosecutor without interviewing you as the def first?

I worked for a construction company as the sales rep and on site manager to make sure jobs were done. I bid jobs, accepted check payments from customers made to the business and over saw the jobs get done. My boss is a crook, his customers are suing us both. I had no legal tie to the bank acct nor... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on May 18, 2021

YES, that happens quite regularly. It is not the best police work, however, people refuse to speak to officers/detectives all the time so many times charges go over to the prosecutor without an interview. Also, you refused to speak with him the first time and he likely believed that would be the... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I was ticketed 7-262019 and just Received a licence suspension for failure to appear How is that possible it was 2yrs ag
Andrew L. Bennett
Andrew L. Bennett answered on May 18, 2021

The courts, clerks, and the BMV can be slow sometime. Consider speaking with an attorney to see if the suspension can be set aside or if you qualify for specialized driving privileges.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Why do I get charged a court fee? I got a ticket on the 24th of April and it wasn’t payable until May 18th.

A $75 ticket now costing me $185? I don’t understand why.

Andrew L. Bennett
Andrew L. Bennett answered on May 18, 2021

Tickets, with the exception of a seatbelt ticket, have court cost. Court costs are currently $135.50 and are assessed even if you do not go to court but simply pay the ticket.

1 Answer | Asked in Criminal Law for Indiana on
Q: I was charged with underage possession of alcohol and also underage nicotine (vap). but both written on same ticket. ok?
Andrew L. Bennett
Andrew L. Bennett answered on May 17, 2021

Yes, it is common for multiple offenses to be written on the same ticket.

1 Answer | Asked in Car Accidents for Indiana on
Q: My daughter hit someone, left a note, they haven't gotten an estimate yet. How long until I'm not responsible

I asked repeatedly to get an estimate so I can pay out of pocket

Charles Candiano
Charles Candiano answered on May 16, 2021

You admit that your daughter was at fault so you are never not responsible. The other driver must file suit within two years to recover if the accident happened in Indiana.

1 Answer | Asked in Libel & Slander for Indiana on
Q: An individual starts rumors around town that you have individual living your house with psychosexual disorder what do?

These are indeed rumors and there are no basis or factual data supporting claim and it is ruining the reputation of the whole family.

Tim Akpinar
Tim Akpinar answered on May 14, 2021

An Indiana attorney could advise best, but your post remains open for two weeks. An attorney who handles defamation cases could review your matter to determine whether your situation satisfies the legal elements of libel or slander in terms of publication, falsity, and damages. But you should keep... Read more »

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