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Indiana Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and White Collar Crime for Indiana on
Q: Can someone be charged for the same case and crime in 2 different Indiana counties?

The judge and attorney had pointed out that they acknowledge this, a motion for dismissal was entered in October however it hasn't been addressed and the 2 counties are passing him back and forth even trying to revoke the bond paid already in one county.

Joseph Abrams
Joseph Abrams answered on Jan 20, 2022

No. Because the two counties are considered part of the same sovereign, that is, the state of Indiana, it would violate the Constitution's prohibition against double jeopardy.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Indiana on
Q: Do you have to show ID if you are pulled over by a police officer for allegedly swerving

I Was driving down a highway when I got pulled over for swerving Despite the fact That I had a dashcam that said otherwise

Andrew L. Bennett
Andrew L. Bennett answered on Jan 18, 2022

In Indiana, if you are pulled over for a traffic violation, alleged or actual, you must show identification.

1 Answer | Asked in Contracts, Business Formation and Business Law for Indiana on
Q: My dad was the sole owner of an llc. He has since passed away. Do we restructure or start a new one?
Michael Ray Smith
Michael Ray Smith answered on Jan 16, 2022

A single member LLC is dissolved unless, within 90 days of the member's death, the deceased member's personal representative takes action to designate at least one new member. If an attorney was hired to handle the probate estate, talk to that attorney about it, or contact a lawyer... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: can I get power of attorney after signing settlement agreement without fully understanding it?
Charles Candiano
Charles Candiano answered on Jan 15, 2022

Please re-post your question in a more coherent fashion. What you ask is not what you mean. I cannot divine what you were thinking or I would simply answer your question. You NEVER have a right to get someone's power of attorney.

If you are asking whether you can void a settlement...
Read more »

1 Answer | Asked in DUI / DWI and Immigration Law for Indiana on
Q: i have a DUI in indianapolis IN. got deported and pending a u visa. warrant or writ active 2016. how to fix?

I was deteined by Ice the fisrt day of probation. While i was in jail and then deported my immigration attorney applied for asylum and U visa. currently USCIS is reviewing packages form February 2017 which is my package date. I went to check my case in Indianapolis and it show up I have a warrant... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 12, 2022

Your Indiana criminal case and the original state criminal warrant must be handled by the Indiana licensed criminal law attorney immediately, however, even generally, for a regular warrant quashing the defendant must be physically present.

Thus, you need to discuss your Indiana criminal...
Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Indiana on
Q: I believe my participation in the Family Medical Leave Act has affected my job in the areas of wages &shifts. Options?
Carrie Dyer
Carrie Dyer answered on Jan 11, 2022

You should consult with an employment attorney in your area to discuss your situation. The FMLA prohibits your employer from interfering with your rights under the FMLA (such as job restoration after a qualifying leave) or from retaliating against you after you return from FMLA leave. The... Read more »

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1 Answer | Asked in Personal Injury and Civil Rights for Indiana on
Q: My bank received a subpoena for an account I am on with my son. My name was listed on the subpoena as well as his.

He is the one they are investigating. Were my rights violated? Were my sons? We were not given a copy of the subpoena and only know because I work here. And everyone knows!

Charles Candiano
Charles Candiano answered on Jan 10, 2022

How can your rights be violated by a Subpoena? The Subpoena was NOT issued to you, but rather to your bank so your bank received the subpoena and apparently responded to it as they must.

1 Answer | Asked in Criminal Law for Indiana on
Q: In the state of Indiana, is someone always considered to be a Violent Criminal if they have a prior conviction(see below

of a violent offense? Said offense sentence has been served out. I am inquiring because I am trying to see if I can file a sentence modification for a friend on a new felony charge of theft. Thank you in advance.

Cole Galloway
Cole Galloway answered on Jan 7, 2022

It depends on what the prior conviction is and the terms of his plea and/or sentencing. As a very basic answer, and individual may be considered to be a "serious violent felon" if they have a prior conviction for a crime specified under Indiana Code Section 35-47-4-5 (b) & 35-47-4-9.... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I might be prosecuted soon for stealing from Walmart, what should I do?

I worked in the Deli, and starting on December, I would give out food for cheaper prices for associates and myself. They questioned me today, and fired me as well. I also wrote a statement on the whole issue. I haven’t talked to police yet, and I haven’t got any word today. I also don’t have... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 30, 2021

You should not talk to anyone other than an attorney about the situation; anything you say can be used against you. You should try and hire an attorney, most have payment plans. If you cannot afford an attorney and are charged then request a public defender.

1 Answer | Asked in Car Accidents for Indiana on
Q: was at fault in an accident involving 4 cars, no insurance and driving on a suspended license. what charges will i face

my license is suspended for a previous at fault car accident. i also admitted to not having insurance at the time of the accident. what kind of charges am i looking at?

Charles Candiano
Charles Candiano answered on Dec 29, 2021

At a minimum, you are responsible for the damage to all four cars and injuries sustained by all of the passengers of all cars. You will never be eligible to reinstate your license until all debts from this accident and the prior accident are either satisfied or discharged in bankruptcy. Even if... Read more »

1 Answer | Asked in Business Formation and Trademark for Indiana on
Q: Hi I want to use a fish in my logo for a christian clothing site can I be sued by christian mile or anything like that
London Davenport
London Davenport answered on Dec 21, 2021

You should hire a trademark attorney to assist you with a trademark search and filing the application for your mark.

1 Answer | Asked in Criminal Law for Indiana on
Q: To fire an attorney will allow my case to be started over correct? Will it also remove the active warrant for fta?

.

Andrew L. Bennett
Andrew L. Bennett answered on Dec 20, 2021

Firing your attorney will not restart your case. Your new attorney may be able to raise issues your prior attorney did not, but your case will not start over. Additionally, it will not automatically remove the FTA warrant. If your FTA was as a result of your prior attorney not advising you of a... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: Being in jail after revoking probation on a b misdemeanor for failing to stop after accident, what can I expect at court
Charles Candiano
Charles Candiano answered on Dec 14, 2021

There are too many variables. A Class B Misdemeanor in Indiana is only punishable by a maximum of 6 months.

What caused your probation to be revoked? What is your criminal history? Consult a criminal defense attorney in the jurisdiction where you are alleged to have committed the...
Read more »

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Gov & Administrative Law and Municipal Law for Indiana on
Q: Is this a remedy in a criminal matter ?Conditional Acceptance, Motion for Discovery, Motion to Dismiss.

Plus taking the exposition of pleading guilty to the facts but not to a crime. This also requires them to PROVE their claims, produce first hand witnesses or injured parties, and require them to prove their bonding information, among other things

Tim Akpinar
Tim Akpinar answered on Dec 10, 2021

An Indiana attorney could advise best, but your post remains open for a week. There are a number of terms presented here, and the context is not fully clear as to whether they pertain to criminal or civil elements of a legal matter. The admiralty/maritime connection was not readily apparent from... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: I live in indiana and was granted sole custody of my girls. My daughter turned 18 in August and had a baby the day befor

My ex husband was abusive and is racist. My daughters baby is mixed. 3 weeks ago she stormed out of my house with the baby because I said her boyfriend had to leave. What can I do to protect the baby or stop my daughter from taking him to Alabama. My ex husba beat me and my kids and my grandson... Read more »

Troy Tyson
Troy Tyson answered on Dec 6, 2021

By default, your daughter, as the parent of a child born out-of-wedlock, has sole legal custody of the child and may make decisions on the child's behalf. However, if you feel the child is truly in danger and/or have evidence of the same, you can contact CPS to request an investigation, and... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Collections for Indiana on
Q: If my ticket goes to collection will I be issued a bench warrant?Or a warrant period?I dont have the$ and it's due 4days

I was in a car accident that was deemed not my fault. But because my insurance had relapsed the month prior ( I was working food delivery to keep in income when the accident happened) I havent had the money to pay it. Its 12/2 and it's due by 12/6. Should I just go to the traffic court before... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 3, 2021

If your case is an infraction and you do not pay by the deadline the court should not issue a warrant, though I have seen it done. However, your license would most likely be suspended. You should file a motion with the court requesting more time to pay and state your financial issues with paying... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: How do I report Grinch /Dr. Suess themed photo shoots for infringing?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2021

Look up the manager of the rights.

1 Answer | Asked in Criminal Law and Sexual Harassment for Indiana on
Q: What does granting in part and denying in part defendant's motion for summary judgment; granting in part mean?
Dan Moseley
Dan Moseley answered on Nov 21, 2021

In court, a "motion" is a request by one of the parties that the court make some order or orders. Here, some or the party's requests were granted by the court, others were not.

1 Answer | Asked in Personal Injury for Indiana on
Q: If you sign a legal document , and get a copy of it but there is new stuff on it I didnt agree to? Is it null and void?

It was a settlement agreement, When I got hit by a car in the crosswalk. The lawyer changed how the money is being split up. I did not agree to pay any of my doctor visits.

Charles Candiano
Charles Candiano answered on Nov 11, 2021

Talk to your attorney. If a medical provider sends a lien to your attorney, the attorney CANNOT make any distribution until the attorney strikes some agreement with the lienholders or YOUR ATTORNEY would be personally liable for the amount of the lien.

When an attorney conveys a settlement...
Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: My license for double suspended just before my reinstatement payment how can I fix this?

My license was original suspended for a no insurance accident. And I was eligible to pay a reinstatement after six months. Before I paid my reinstatement my license was suspended again for a traffic stop for speeding. It was a he say she say situation. I admitted to the fine because the prosecutors... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 10, 2021

It may be possible to set aside the judgment. However, if you are suspended for a proof of insurance violation, even setting aside the judgment may not remove the suspension. You may be eligible for specialized driving privileges if you can not clean up the suspensions.

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