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Indiana Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: what gonna happen in the court for my son for Unlawful Possession of Tobacco, e-Liquid or an Electronic Cigarette

My son is 18 years

James A Hanson
James A Hanson
answered on Jan 26, 2023

If your son was ticketed under I.C. 35-46-1-10.5 for Purchase, acceptance, or possession of tobacco, an e-liquid, or an electronic cigarette by a minor, then it is an infraction and not a criminal offense.

An infraction is punishable only by a fine, much like a standard traffic ticket....
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1 Answer | Asked in Criminal Law for Indiana on
Q: What does it mean if they say probable cause affidavit for arrest warrant?

Does this mean they will come to your house?

James A Hanson
James A Hanson
answered on Jan 26, 2023

In order to get a warrant, law enforcement must show the judge some evidence that demonstrates probable cause that evidence of criminal activity is present at a certain place or that a certain person committed a certain crime and should be arrested. The Probable Cause Affidavit is a sworn statement... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I was charged with a level 6 felony in Indiana. My warrant was recalled. What are my chances of going to jail at the

Initial hearing

James A Hanson
James A Hanson
answered on Jan 26, 2023

For a Level 6 felony, you will need to be formally booked at the jail. If the warrant was withdrawn and bail is OR or set at a fixed amount, then you will likely need to submit to fingerprinting and booking at the jail after which you will either be released on the OR bond or allowed to post the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Can a warrant be issued in Indiana for a cause that has been disposed.?
James A Hanson
James A Hanson
answered on Jan 26, 2023

Your question is a bit confusing.

A warrant can be issued in a unique cause number prior to any charges being filed. This is done quite often and usually the unique cause is sealed until after the warrant is served.

A warrant can be issued as part of the initial filing of a felony...
Read more »

1 Answer | Asked in Employment Law, Criminal Law and Health Care Law for Indiana on
Q: If a licensed therapist who owns the practice is arrested, what legal/employment implications are there for employees?

The owner of the company I work for has not been an active employee for over a year and may or may not still be a part-owner of the company itself. The current management is keeping things pretty close to the vest. The individual was arrested for drug-related charges and I am wondering what legal... Read more »

James A Hanson
James A Hanson
answered on Jan 26, 2023

In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: In indiana can a prosecutor file a habitual offender on someone well after their omnibus date has passed?
James A Hanson
James A Hanson
answered on Jan 26, 2023

As long as the habitual enhancement applies to the case, there is no statute or other law the requires the State to file that enhancement before the omnibus date. Prosecutors routinely hold back on the habitual filing at first as a bargaining chip during plea negotiations.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Q: I need a civil rights lawyer in Indiana to help with violation of civil rights and human rights being violated

Husband has many of his rights being violated including;

#2- freedom from discrimination

#3- right to life and safety

#5- freedom from torture and inhumane treatment-- not even anything but one little blanket during the Sub-Zero degrees no heat and there was snow on his bed.... Read more »

James A Hanson
James A Hanson
answered on Jan 26, 2023

There doesn't appear to be question posed, but the issues you are raising are issues that need to be discussed with an attorney actually handling the case.

If you husband has an attorney (retained or appointed) these are issues that need to be discussed with that attorney.

1 Answer | Asked in Collections for Indiana on
Q: agree on payment contract for an certain amount say 150.00 monthly and if i happen to not have 150 they dont accept 75

plus keep adding 35 late fee and addtional interest

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 21, 2023

Yes. The minimum is $150.00. It is NOT anything less, regardless of the reason.

1 Answer | Asked in Criminal Law for Indiana on
Q: Vehicle was searched nothing was found took boyfriend to jail searched again and found a handguns that allowed

My boyfriend was pulled over and arrested for a warrant they searched the vehicle while he was there they found nothing took him to jail search the vehicle again before I arrived and found a handgun now he's being charged with unlawful possession of a firearm by serious violent convicted felon

James A Hanson
James A Hanson
answered on Jan 20, 2023

If there was a valid warrant for your boyfriend's arrest, the officers are allowed to do a search incident to arrest within certain limits. Also, if the vehicle was going to be impounded, they are allowed to do an inventory search. There are many nuances and details associated with search and... Read more »

1 Answer | Asked in Civil Litigation and Personal Injury for Indiana on
Q: Being exposed to asbestos in a public area; is this grounds for a lawsuit? Or does hospitalization need to arise?

Hazardous Material was easily accessible; even to children, Mental distress/ Aggravation/ negligence. This is well known to cause cancer and other bodily harm and has been well known for quite an extensive period of time. This is a public area where tens of thousands of people are known to interact... Read more »

Charles Candiano
Charles Candiano
answered on Jan 19, 2023

You listed this question under personal injury. Please specifically state the nature of the injury that you sustained. If you are saying that you were exposed to asbestos but were unharmed, you have no cause of action as you were not "injured." There are no health risks associated with... Read more »

1 Answer | Asked in Civil Litigation for Indiana on
Q: what does "Appearance by Attorney in Civil Case" mean?
Tim Akpinar
Tim Akpinar
answered on Jan 11, 2023

An Indiana attorney could advise best, but your question remains open for four weeks. Only a local attorney could advise you on Indiana rules. But in general nationwide, it usually involves an attorney asking the court to note their appearance on behalf of a client (with an entry of appearance).... Read more »

1 Answer | Asked in Municipal Law for Indiana on
Q: Can I bring my own empty cup to drink out of while at a bar

Bartender fills cup it was empty when I arriived

Tim Akpinar
Tim Akpinar
answered on Jan 9, 2023

An Indiana attorney could advise best, but your question remains open for four weeks. Until you're able to consult with a local attorney on specific local laws, it could be up to the establishment. It's possible they could object for health, business, or other reasons. Good luck

1 Answer | Asked in Products Liability, Civil Litigation, Civil Rights and Collections for Indiana on
Q: In the state of Indiana can a storage facility auction off your things without notice
John Michael Frick
John Michael Frick
answered on Jan 8, 2023

No, the storage facility must first send written notice via certified mail to the renter’s last know address.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Indiana on
Q: If the tpr has filed and they took my parental rights and I've filed the appeals in supreme court.howdoufile us supreme

And they never ask family or a friend if they could take adoption or gaurdingship how do file for this

John Michael Frick
John Michael Frick
answered on Jan 4, 2023

U.S. Supreme Court practice is among the most unique and highly specialized areas of law. Because the U.S. Supreme Court has discretionary jurisdiction, it chooses what cases it gets to hear and decide. In any given year, the court hears 50-60 of the 7,000-8,000 cases filed. So the vast... Read more »

2 Answers | Asked in Business Formation, Real Estate Law and Business Law for Indiana on
Q: I own two lien free rentals through my sole-prop LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien?

I own two rentals through my sole proprietor LLC. Can I loan money to my LLC to buy a 3rd rental and record a lien against the properties? Properties are currently free and clear. Would have promisary note and record liens publicly.

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Jan 2, 2023

Certainly you can do that, but the question is whether it would succeed in giving you priority over any unsecured creditors the LLC might have. Assuming there's nothing nefarious or fraudulent involved (such as trying to hinder other creditors, most likely yours but possibly the LLCs, from... Read more »

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1 Answer | Asked in Car Accidents for Indiana on
Q: Hello,I was merging on to an expressway and hit an abandoned car that was not visible? Am I at fault.

I was merging but I also had to avoid a semi that drifted in my lane. The stretch of high way bends right and at the end of that bend there was a black abandoned vehicle with no lights on or anything to signal they were stopped. The second I go to merge and avoid the semi I hit the abandoned... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 21, 2022

An Indiana attorney could advise best, but your question remains open for two weeks. I hope you are okay. It sounds like a very serious accident with the flip-over. From a textbook standpoint nationwide, it's possible to argue that both of you bear some liability. The fact that no measures... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got a warrent that expired for not appearing for a misdemeanor driving while suspended what should I do about it ?
Joel D. Hand
Joel D. Hand
answered on Dec 14, 2022

Just because the warrant expired does not mean that the case went away. The case is likely still pending and the prosecutor could ask for the warrant to be reissued at any time. You are well advised to take this opportunity to try to resolve your case. If you have not been fingerprinted and... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: I was the victim of a hit and run in a lot. My car was parked. I left the scene. The driver was ok. Will I be charged?

I had no knowledge the police had been notified, therefore I left. Other civilians called an ambulance. There were no injuries.

Charles Candiano
Charles Candiano
answered on Dec 12, 2022

If you were parked and somebody hit you hard enough for bystanders to be so concerned that they called the police and an ambulance, the police will wonder why you would leave without exchanging insurance information or making a police report for your insurance. The conclusion that would be drawn by... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: Can a person be a witness in a trial if they have already made 2 or 3 statements & they are all different? Not Credible?

If witnesses in a trial have all given multiple statements that are all different from each other and from their own previous statements then should they be allowed to be witnesses or testify in court?

Joel D. Hand
Joel D. Hand
answered on Dec 9, 2022

Yes, the witness can testify. Credibility of witnesses is always an issue for the finder of fact. In a jury trial, the finder of fact is the jury. In a bench trial, the finder of fact is the judge. Credibility of a witness can be attacked by prior inconsistent statements. That seems to be the... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I have 3 active suspensions for FTPno insurance and driving on suspended. 4000 reinstatement due.how can I get legal?

FTP suspension 2019 expires 2024.What can I do I'm indigent.need licence to be able to work .Greene County. All BMV suspensions already expired, why are court suspensions still in effect until 2024? All infractions and no insurance. The car wasn't even my car had no clue it wasn't... Read more »

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 8, 2022

You can file a petition to waive reinstatement fees, but it would be wise to also discuss your record with a criminal defense attorney to see if anything can be cleaned up on your record.

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