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Indiana Civil Rights Questions & Answers
1 Answer | Asked in Personal Injury, Civil Rights, Communications Law and Environmental for Indiana on
Q: How do I stop voice 2 skull
Charles Candiano
Charles Candiano
answered on May 24, 2022

This is NOT a legal question but a technical one. You need to identify the mechanism of transmission before any legal remedy is possible.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can a probation officer use an illegal search and Seizure Report in a psi and you be sentenced on it?

Ok let me add to this then so I can get a little more clarification. An illegal search and Seizure being detailed into a psi is not a violation of my 4th amendment right? Also bc I had marijuana on me in CA and it's legal and being in Indiana it is illegal this evidence enhanced my sentencing... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

During the sentencing phase of a case, the legal standard for the admission of evidence no longer follows the Rules of Evidence. Rather, the evidence only needs to have "sufficient indicia of reliability" which is a pretty low bar.

Hearsay, and even double-hearsay, is allowed....
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: If I am living with a roommate while on house arrest and they come do a search can they room get searched as well

what all areas are they allowed to search with and without a search warrant while i am on house arrest

Grant E Helms
Grant E Helms
answered on May 16, 2022

The documentation you signed when you started house arrest will outline the parameters of your monitoring situation and what the monitoring authority and law enforcement is authorized to do. It's not clear if you're a pre-trial detainee on house arrest or a defendant on house arrest doing... Read more »

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Rights for Indiana on
Q: if a domestic violence case is dismissed, can I still buy and own firearms or are there restrictions or waiting periods?

Protective order vacated and the case is fully dismissed as of 12-18-2021

Richard W. Noel
Richard W. Noel
answered on Mar 14, 2022

If the case is dismissed, you're likely good to go. However, you won't know until you try.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Indiana on
Q: Does a witness have to take the stand in court if she is married to the defendant ?

As well as the witness feels like she can't go through with it , and is also the victim of the case ?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 1, 2022

If subpoenaed to court, then the spouse needs to appear so as not to be in violation of a court order that could result in her arrest. That being said, depending on the circumstances of what she would testify to, the spousal privilege may limit or prevent her testimony. She should contact a... Read more »

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
PREMIUM
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
PREMIUM
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 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 Car Accidents, Civil Litigation and Civil Rights for Indiana on
Q: Need help have court today and I'm not sure what to do insurance company suing me for almost 8,000 I was in accident

11/10/19 at fault no insurance

Charles Candiano
Charles Candiano
answered on Sep 23, 2021

There is nothing that you can do. You had no insurance so the other driver processed a claim under their uninsured motorist coverage (UM). Now their insurance is seeking a judgment against you which they will get. Your only choice is to enter into some voluntary repayment, have the court garnish... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Internet Law for Indiana on
Q: I got a question so as a victim do I have to testify at a bail revocation

Cause the person who did this violated the no contact order and the bail revocation hearing is before the trial

Charles Candiano
Charles Candiano
answered on Aug 22, 2021

Only if you want his/her bail revoked.

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: If a person is brandishing a firearm on the city sidewalk and you're on your property can you shoot them with a handgun?
Paul Stanko
PREMIUM
Paul Stanko
answered on Apr 25, 2021

I don't know what you mean by "brandishing", but it would take far more than that to justify use of deadly force against that person. Keep in mind that there IS a right to bear arms, both for you and the other person. You can't just shoot people because they are armed.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Indiana on
Q: How do I know as a minor what kind of protection/restraining order was put on my boyfriend by my parents?

We began dating 7 months ago I was 15 he was 19, he's now 20. My parents knew about our relationship the entire time, but they decided to put a restraining order when they found details of our relationship. I'm just wanting to know if it is a restraining order that will expire, one I can... Read more »

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Apr 5, 2021

The protective order is likely for 2 years so it will expire before you turn 18, however, your parents may be able to get an extension. Additionally, if you and your boyfriend are sexually active and there is more than 4 years in age difference, he is committing Sexual Misconduct with a Minor... Read more »

2 Answers | Asked in Civil Rights for Indiana on
Q: What type of an attorney do I need for civil rights violations 14th amendment and others, against myself and children ?

Are there attorneys who will listen to you for a free consultation for more than 15 minutes

What I need to say would take more than 15 minutes but I really need one person who would listen to it

Troy Tyson
Troy Tyson
answered on Jan 25, 2021

You need to locate a civil rights attorney for that. You can use Justia to find attorneys who specialize in that area.

Many offer free consultations.

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1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: I was giving 72 days and 1 Year's probation on a Class C misdemeanor is that legal and no two for one on the 72 days
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 28, 2020

That sounds like an inappropriate sentence. You should contact the clerk to get a copy of the sentencing order and then talk to a local criminal defense attorney.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Indiana on
Q: What constitutes a No Knock warrant in Indiana?

On a tip from a C. S. The police served a NO KNOCK warrant. For pot? First SWAT then ICE. Never identified themselves. At gun point. Wouldn’t show us the warrant. Left it after the search. Had no affidavit. They had no badges , we couldn’t EVER see they’re faces. The affidavit is excluded... Read more »

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 22, 2020

You need to contact an experience criminal defense attorney in your area to discuss the case in more detail.

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Cops entered private property no warrant search, cuff then place me under arrest. That a violation of 4th Amendment

Illegal search and seizure no warrant private property, did they violate my 4th amendment?

Sean Maye
Sean Maye
answered on Nov 30, 2020

The 4th Amendment search warrant requirement is very complicated and there are several exceptions to the rule unfortunately. The answer to your question is yes, the police cannot come into your home and search it without a warrant or good-faith belief that a valid exception to the warrant... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Indiana on
Q: At a traffic stop, are police allowed to search my purse without my consent/prob cause?

I gave consent to search my vehicle but they just took my purse from me as I was stepping outta my car & without asking or anything, proceeded to search it, which led to a drug charge. But I feel as if they violated my rights.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Nov 30, 2020

If they did not have probable cause to search the vehicle or your purse, but you gave consent to search the car, there may be an issue with consent to search your purse. Contact a local defense attorney to discuss the case in more detail.

1 Answer | Asked in Civil Rights, Social Security and Family Law for Indiana on
Q: If i where to get married, and then in the future need to go on disability (due to health) would i be able to get ssdi

My partner may also have to get on it but we want to get married. Neither of us are currently on it . We live in Indiana but may move to Michigan or Wisconsin

Susan Michele Schaefer
Susan Michele Schaefer
answered on Nov 15, 2020

Marriage does not affect SSDI. To be able to get SSDI, you would have to have worked long enough and recently enough to be fully insured. In most cases, you must have earned at least 20 credits during the last 10 years. You earn work credits and become insured for Social Security retirement, SSDI... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Patents (Intellectual Property) for Indiana on
Q: I’m a 19 year old female an my boyfriend is 16 an we are pregnant can We get in trouble?Would we have to deal with dcs
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Oct 12, 2020

You are both of legal age, there are no issues unless he was 15 when you got pregnant.

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Small Claims for Indiana on
Q: signed up for dance lessons in Jan through May. I paid in advance.they refuse to give me partial refund

Signed up in january- for classes once a week until end of may.

They switched to online classes but since i have hardwood floors and not a lot of space and i was doing tap dance i asked for a refund, they said this was not to be inplace of a dance class. that it was just to keep your body... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2020

An Indiana attorney could answer best, as consumer issues could involve state law. But as a general matter of contract law, it could depend on how the agreement was written, in terms of how it addressed certain unforeseeable or foreseeable intervening events. These types of situations have... Read more »

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