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Indiana Questions & Answers

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: I signed a lease for a year in Sept 2018..recd notice in June, middle of the month, rent is increasing for july. Is thi

Alexander Florian Steciuch answered on Jun 17, 2019

The answer is it depends. The answer would usually be no but depending on the terms of your lease agreement your rate could increase from month to month or with proper notice.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Had gotten a deferral for a speeding ticket. within the yr received 92 in a 65 Zone in Lake County IN today.

What can I do now so that I do not get points on my license?

Andrew L. Bennett answered on Jun 17, 2019

You should consider hiring an attorney who can negotiate with the prosecutor to not refile on the deferred case and negotiate a resolution to your new case.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Got two speeding tickets within 13 days of each other. What can I do?

My first ticket was 75 mph in a 55mph and my second was 85mph in a 55mph. I know that I wasn’t going that fast but I’m not going to try and argue that with a cop and judge. I have a meeting with an attorney Tuesday but it’s driving me crazy. Will he be able to do anything? Can I take a class... Read more »

Andrew L. Bennett answered on Jun 16, 2019

Yes, your attorney should be able to negotiate a resolution on both cases that will be better than if you paid each ticket or lost at a trial. What the ultimate resolution will be is going to be dependent on your record and other factors. You have made the right decision by hiring an attorney.

1 Answer | Asked in Criminal Law, Divorce and Sexual Harassment for Indiana on

Q: I’m living in Japan but I’d like to sue my heartless ex who lives in West Lafayette. Can I sue him even I’m overseas?

Bruce Alexander Minnick answered on Jun 14, 2019

Sure, but you will have to hire an Indiana lawyer to file the suit.

1 Answer | Asked in Criminal Law for Indiana on

Q: When sentenced to 1 year probation i was instructed by the judge that I could petition the court to drop felony to misde

Is this true in Indiana

Andrew L. Bennett answered on Jun 13, 2019

In Indiana it is possible to reduce a D Felony or Level 6 Felony to a Class A Misdemeanor. If the judge said after you completed probation you could reduce your sentence, then yes its possible. If you had an attorney you should contact him/her to file the necessary motion. If you did not, then... Read more »

1 Answer | Asked in Criminal Law for Indiana on

Q: What can I do to resolve check deception charge for spouse? Fta warrant put in place after in another states custody.

Spouse in prison in different state and was in county when an fta warrant for check deception was put in place Indiana. Misdemeanor charge. Hoping I can resolve before being released from prison.

Andrew L. Bennett answered on Jun 12, 2019

You should consult with a local criminal defense attorney who knows the prosecutors office to see what if anything can be done to resolve the case. It will depend on the age of the case, how much restitution needs to be paid, etc.

1 Answer | Asked in Car Accidents for Indiana on

Q: Hi, I am having an issue with an car insurance company about payment that was to go the state to get the title

my truck was hit by their client, she left the scene and was arrested for DUI, My Truck was totaled, now a month later I'm still trying to get paid. They know part of this settlement will go to the state to back back taxes that I owe to get the title from the state and they say they state needs to... Read more »

Peter N. Munsing answered on Jun 12, 2019

Their obligation is to pay in exchange for the title. Your title having a charge from the state is your problem--not theirs. I question why the state can do that but you can take that up with the Indiana Civil Liberties Union. I suggest you have them give you a check for the part of the settlement... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Indiana on

Q: Can I be fined for using unmarked copyrighted images on a website I designed?

Ive been contacted my a third party image rights company on behalf of a photographer for copyright infringement for a couple images used on a clients website. However, there was no indication these images were copyrighted. Is it legal to charge someone a fine without warning, If there was no... Read more »

Jason Brooks answered on Jun 6, 2019

A copyright is established the moment the content is created. In order to use someone else's photograph, you must obtain consent (i.e. a license) to do so. A copyrighted image (or any other copyrighted material) does not have to have any sort of markings or other indication of copyright; rather,... Read more »

1 Answer | Asked in Banking, Business Law, Tax Law and International Law for Indiana on

Q: I am looking to create a company that facilitates peer-to-peer payments with the use of credit and debit cards.

For this I have created an app:

If user is going to send money using the app, they input their credit card, STRIPE charges the credit card and the money goes to my business bank account in the US. When this happens, the app shows a balance in the user’s APP account.

When a user... Read more »

Bruce Alexander Minnick answered on Jun 4, 2019

What you have described is a financial services company that operates exactly like a bank. Translation: Before you spend your money developing your "new" banking business you need to know that you are required to obtain a bank charter or some other official authorization from the state you are... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Hello. I have received a failure to obey traffic control device ticket, 392.2C in Dearborn IN. CDL driver. Need help.

I was driving towards Plainfield In and I got detour because of the flood and my gps led me on the wrong road. I drove on this road for 8 miles, I got pulled over just a mile away from the highway. There was no accident or any kind of damages involved but still got the ticket even though I... Read more »

Andrew L. Bennett answered on Jun 4, 2019

If you simply pay the citation it will likely add points to your record. In IN it is a 4 point violation; it will also affect your employers safety rating. You should consult with a local attorney who should be able to negotiate a lesser offense that should have no points on your record and not... Read more »

1 Answer | Asked in Immigration Law for Indiana on

Q: I just found my right person to get married, she is Thai, I am us Citizen, what is fastest way I can bring her here,

If I file I 129, they said may take 7-9 months, if I file 485, may take 1 year, or K3, don't know how long, I just want he be here as early as I can, then we can file ASAP, either get married here, or get married in Thailand first, which ever helps my case, Appreciate in advance

Stephen Arnold Black answered on Jun 4, 2019

Discuss all available options with counsel and then decide. Counsel anywhere in the USA can take your case.

1 Answer | Asked in DUI / DWI for Indiana on

Q: How long are DUI charges on your record in Indiana and how accessible is this information?

I have two OWI charges in Indiana in 2010 and early 2011, I am now applying for a course in college that wants me to disclose my criminal record. I'm afraid that these will exclude me from the mortuary course. I don't want to list these on my application if they're not still on my record.

Andrew L. Bennett answered on Jun 3, 2019

If they are convictions then it will be on your criminal history as well as your driving record. Depending on when the cases were completed and if probation was successful with no outstanding issues, you should be eligible for an expungement. Keep in mind you are permitted one expungement of... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Citation issued but has the wrong owner's name and address on the ticket can it be dismissed

Andrew L. Bennett answered on May 30, 2019

Maybe. It may be enough for the prosecutor to dismiss, but it would be their choice. The State could also amend the citation with the correct information and move forward on the case.

1 Answer | Asked in Contracts for Indiana on

Q: Hi I have a question about speed leasing for Harley Davidson motorcycles?

Long story short I thought I was getting a loan turned out to be a speed lease I need to know if I let this Harley go back since it’s not a loan just a lease can they sue me? I was lied to by the dealership and the lease people said I could buy out of it for 12000 when I only paid 11000 to start... Read more »

Bruce Alexander Minnick answered on May 29, 2019

You will need to hire an Indiana lawyer to review the contract and see if anything can be done to allow you to get out of the contract.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Received a driving while suspended back in March and state has yet filed! What do I do?

Andrew L. Bennett answered on May 26, 2019

You should continue to monitor to see if charges are filed. Also, if you can get valid, then do so, if you are not sure what to do to get a valid license, contact a traffic attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: Can someone sign out of jail on their own recognizance if they have been given a surety + cash bond at the time of arres

A friend was arrested for strangulation domestic battery he has a 5250 surety bond so my question is can he sign out on his own recognizance after 48 hours

Andrew L. Bennett answered on May 26, 2019

The only way to be released OR after a bond was set is for the court to order him released OR. However, if the bond was set per a schedule and he did not bond out and the prosecutor did not file charges, the he would be released after 48 hours.

1 Answer | Asked in Criminal Law for Indiana on

Q: How can I be arrested on a level 6 felony for assisting a criminal that was at my home and I did not know had a warrant

Person was at my home I was in the shower I heard knocking got out looked around wondering where this person was turns out he had a warrant was hiding and I opened the door they said they were here for that person I let them in let them search they had no warrant for my home no warrant paperwork... Read more »

Andrew L. Bennett answered on May 26, 2019

You should contact an attorney as soon as possible to discuss the facts of the case. If the warrant did not list your address that could cause problems. Additionally, you will need an advocate to put forth your position in the case to obtain the best outcome.

1 Answer | Asked in Traffic Tickets for Indiana on

Q: Hello, I have a question over an IF. It's quite complicated and i really need help/advice

I got a ticket for driving while suspended in IN, at the time i was living at KY. Then i moved to IN and i wasn't aware of a fine that i had to pay now they have sent it to the BMV. I spoke to someone in the court and suggested i shouldn't pay it because then they'll suspend my license for 90... Read more »

Andrew L. Bennett answered on May 26, 2019

You should contact a traffic attorney who practices in the county where your case is pending to discuss your options and what they can do to keep it off your record.

1 Answer | Asked in Criminal Law for Indiana on

Q: Unlawful detainment

Bailed out of jail on Friday went to probation on following Monday they arrest me leaveing there on font my kids five cars suround us they throw me on ground keep trying tell them I just bailed out for thoae charges they tell me shut up I dont no anything hold me in jail couple hours then one the... Read more »

Andrew L. Bennett answered on May 26, 2019

You can contact an attorney who handles civil rights violation cases and discuss with them to see if you have a case.

1 Answer | Asked in Criminal Law for Indiana on

Q: Is it ok for a 25 year old to have sexual relations with a 17 year old?

Andrew L. Bennett answered on May 25, 2019

The age of consent in Indiana is 16 years of age. However, any explicit photographs or videos of a person under 18 is possession or manufacturing child pornography.

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