Indiana Questions & Answers

Q: If someone was sent to work release through the d.o.c and left while at work what are the charges ? Level 6 or level 5?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Mar 27, 2017

Escape charges as a level 5 would be the most likely charges, but depending on the facts it could be Failure to Return to Lawful Detention as a level 6.
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Q: Can my new wife's income be considered for child support?

1 Answer | Asked in Family Law and Child Support for Indiana on
Answered on Mar 27, 2017

Yes, it can. The remarriage itself will not affect the amount of child support you pay, however, the court can use your wife's income to impute that you have more available income for child support, since your wife's income will theoretically be used to pay for some of your living expenses.

The answer is also yes to your second question. However, if you are unemployed and have experienced a substantial change in your circumstances it may be wise to go back to court to request a change...
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Q: How do I turn in a lawyer for bad practices

1 Answer | Asked in Divorce for Indiana on
Answered on Mar 27, 2017

You can report your lawyer for misconduct or bad practices to the Indiana Supreme Court Disciplinary Commission.

Here is the link to their website:

http://www.in.gov/judiciary/discipline/2373.htm
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Q: I live in Indiana 3 years ago my neighbors tree fell into my house during a storm has the statute of limitations passed?

1 Answer | Asked in Small Claims for Indiana on
Answered on Mar 25, 2017

Most likely yes, the statute of limitations has passed. You had 2 years from the actual occurrence of the tree falling onto your house during the storm to bring a claim against him.

As for the one that is on the property line, if it is on your property, feel free to take care of it yourself. I would consult with a real estate attorney and double check to confirm that the tree is actually on your property. Generally though if it is on your property or hangs over your property line you're...
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Q: Is it legal to get a ticket for registration and insurance being on the back of my license plate?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Mar 25, 2017

Short answer is yes he can write the tickets because you did not have ready access to the proof. Likely not let you get them due to safety concerns while on the road. If you bring the proof to court that you had valid registration and insurance on the day of the stop the court/state may dismiss the violations. What court is your case pending?
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Q: I need to petition the courts to waive the reinstatement fees owed for my driver license

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Mar 24, 2017

If you have access to a computer, you can go to the BMV website and there should be a link to what you need to do to have them waived. I would also suggest to see if in Morgan County or any close county if there is a legal services office for low income. IU Law school in Bloomington may also have a legal clinic that would be able to file on your behalf.
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Q: Can anyone give me some reference cases to any Overturned Convictions won through a Post Conviction Relief, on class A

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Answered on Mar 24, 2017

Post-conviction relief rarely turns on the specific charge. Rather than looking for cases overturning child molesting convictions, you would be better off looking for cases granting post-conviction relief based on errors in the proceedings. Courts will not reweigh the evidence presented at trial, so the type of charge is rarely important. What do you believe prejudiced the defendant at trial?
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Q: My wife has been put on a 15 day hold in jail for probation violation what will happen after the 15 day hold?

1 Answer | Asked in Criminal Law and Probate for Indiana on
Answered on Mar 23, 2017

The 15 day hold is for being on probation and having a new arrest. The hold is to give probation time to file a petition to revoke. Once the petition is filed, even before the 15 days have run, she should be brought before the judge who may require a bond for the revo.; she would also have to post bond on the new charges. If nothing filed by the end of the 15 days then she should be allowed to bond on the new charges.
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Q: Can the victim sue for pain and suffering in a convicted child molestation case?

1 Answer | Asked in Small Claims and Personal Injury for Indiana on
Answered on Mar 23, 2017

A victim can sue the criminal in civil court for any and all damages subject to each states Statute of Limitations. Damages are not generally part of a criminal proceeding for child molestation.
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Q: I'm really scared, our interview really blindsided us and I think we might be getting denied?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Mar 23, 2017

It is not possible to advise you without knowing the details of the interview and what you have filed. You will be notified of the decision and given an opportunity to challenge it. I suggest you get an experienced attorney to atlas review the record.
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Q: Im in the US on the B1/B2 visa.I want to extend stay for valid reason, will that cause problems in the future to reenter

1 Answer | Asked in Immigration Law for Indiana on
Answered on Mar 22, 2017

The general rule is that you must maintain a residence in your home country and spend more time in your home country then you do in the United States. You must also show that you have support while in the US because you are not authorized to work. Border Patrol has authorization to cancel your visa or deny you entry at any time if they feel you are in violation of the terms of your visa.
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Q: If someone is out on bond and gets arrested before trial of offense would they automatically not be able to bond out?

2 Answers | Asked in Criminal Law for Indiana on
Answered on Mar 22, 2017

It would not be automatic, but the court could definitely revoke bond in its discretion.
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Q: I am currently in the USMC but my residency is Indiana. Can I file for divorce in Indiana even tho I'm stationed in NC?

1 Answer | Asked in Divorce and Military Law for Indiana on
Answered on Mar 21, 2017

If you maintained your residency under the Servicemembers Civil Relief Act, then yes. By that, I am assuming you kept that residence for the purposes of taxes (look at your LES to see where your state taxes are going), kept an Indiana DL, and Indiana plates on your car are all indicators you remain a resident there - so yes you can. The question becomes "why" would you want to do so if you are not living there.
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Q: My wife and I purchase the dog together. But her name is on the paperwork. I have been the one she is with. Whos dog?

1 Answer | Asked in Animal / Dog Law for Indiana on
Answered on Mar 19, 2017

I'm so sorry for this situation you find yourself in. Most likely if the original purchase of the dog is in your wife's name, then the dog is hers. However, there may be some hope for you in this situation.

Ignore her claims that you stole the dog. If she calls the police and attempts to have them force you to return the dog chances are high that if you tell them that you are going through a divorce they will tell her that this is a civil matter and it has to be resolved through the...
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Q: If a 15 no longer wants to visit the father on his time does the father have to pay child support

1 Answer | Asked in Child Support for Indiana on
Answered on Mar 18, 2017

Yes, the father still has to pay child support. These are two separate and distinct issues. However, if your child custody agreement says that your 15 year old needs to visit with the father and the child is refusing to, you need to go back to court and modify your child custody agreement or you will be violating its terms if you do not abide by its terms. Consult a family law attorney.
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Q: My wife left two days ago with my daughter said she filed for divorce now she won't let me see her what rights do I have

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Mar 18, 2017

Have you been served with the divorce papers yet? Don't trust someone when they tell you that they have filed. You need to confirm it. A divorce attorney can assist you in that regard. You should hire a divorce attorney ASAP and work with him or her to get a temporary order regarding child custody in place as soon as possible so you can establish your parental rights.
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Q: Can my ex husband text my 14 year old son if I asked him not to?

1 Answer | Asked in Family Law for Indiana on
Answered on Mar 18, 2017

Is there a court order in place that states that your ex-husband should not be texting him? Does your husband have partial custody or visitation rights? There's not a lot of information here to go on but unless there is a court order in place here that says your husband cannot have contact with your son then yes, you ex-husband is free to talk to your 14 year old son.
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Q: Questions re: Indiana Will ?Conflict of Interest

1 Answer | Asked in Estate Planning for Indiana on
Answered on Mar 18, 2017

Your father does not have to provide you a copy of the will or trust. The lawyer will definitely not give you a copy of the will or trust either. Why would the lawyer have to meet with you and your father? The lawyer works for your father, not you.

As for conflicts of interest, there may be one, but there might not be. This doesn't sound helpful but while some of the facts you have presented here could be suspicious they are not per se conflicts of interests. The drafting attorney can...
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Q: How can I get a continuance for a court date for a misdemeanor disorderly conduct charge?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Mar 17, 2017

You would have to file a motion requesting a continuance with the court.
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Q: If I get stopped by a police officer and they ask if I've been drinking, am I required to answer them?

2 Answers | Asked in DUI / DWI for Indiana on
Answered on Mar 17, 2017

No. You are never required to make an incriminating statement to police.
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