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Indiana Civil Rights Questions & Answers

2 Answers | Asked in Civil Rights for Indiana on

Q: I was staying with a friend of my daughters, she and my daughter were in an argument and she kept my belongings

Can I take her to small claims court?

Gary Kollin answered on May 19, 2019

Yes

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2 Answers | Asked in Civil Litigation, Small Claims, Contracts and Civil Rights for Indiana on

Q: Is it required to to provide 24hr notice for showing or a courtesy if the agreement is expired and rent isn’t paid?

Rental agreement lapsed. Tenant was contacted 24 hr in advance via phone but the number was disconnected. Tenant claims we violated their rights. We called another resident 2 1/2hr prior and they agreed to let us in verbally.

Bruce Alexander Minnick answered on May 9, 2019

The tenant has more leagal rights than you have given them. Hire a lawyer and fix the problem before it worsens.

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on

Q: Do charges for invasion of privacy violating a NCO stand, the seperate case ordering the nco is dismissed and terminated

Different cases

Paul Stanko answered on Apr 9, 2019

If the NCO was valid and in effect at the time of the new offense, then having the underlying NCO terminated later has no impact on the later charge.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on

Q: Need to know the passenger right in a vehicle of a traffic stop what's a canine 4th amendment

Can statements made after the Miranda rights are read be held against you even if you are under the influence? What is a perfect caught with drugs have to have the exact nature what exact drug or exactly that it is. drug? Under the Fourth Amendment rights can a passenger be held on a traffic stop... Read more »

Paul Stanko answered on Apr 9, 2019

Your questions are many and varied.

1. Anything you say can be held against you. Intoxication could affect the weight to be given to those statements by a judge or jury.

2. In order to prove a drug case, the State will have to document the type of drug.

3. Fourth Amendment...
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1 Answer | Asked in Criminal Law and Civil Rights for Indiana on

Q: Can an officer use smell of pot be probable cause to enter a home my home on a knock and talk

Paul Stanko answered on Mar 15, 2019

"Knock and talk" is not based on probable cause. It is entirely consensual. You should never allow a cop into your home without a warrant. If he entered your home without valid consent, you may have a basis for suppression of evidence seized.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Indiana on

Q: feb 2009 Indiana I was charged voluntary man slaughter n2013 stand ur ground was passed can I get my felony removed ??

I was attacked the guy swung I swung back hitting him 3x he later died from heart complications I was charged with voluntary man slaughter the guy was 6’3 330 I’m 5’10 150. I was only protecting myself from him is there anyway I can get the felony dropped because in 2013 stand ur ground was... Read more »

Paul Stanko answered on Mar 11, 2019

Stand your Ground does not apply retroactively.

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1 Answer | Asked in Criminal Law and Civil Rights for Indiana on

Q: Is it illegal for a jail to deny you a shower for over 24 hours after being sprayed with pepper spray

And was denied their first phone call for 4 days

Paul Stanko answered on Mar 8, 2019

This is not a criminal law question.

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on

Q: How do I get an attorney to listen to me when I have evidence that can prove the client innocent with no money

In need of great attorney looking for a win in criminal law

Paul Stanko answered on Mar 8, 2019

If you can't afford an attorney and have charges pending against you, you may request a public defender.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Collections for Indiana on

Q: How to petition court to use time served in jail towards fine?

What is it called? I want to look up an example maybe to format mine similarly. Do I just write dear judge can you apply the extra month I served towards the bond at 20 dollars per day? Then send it to the clerk with my cause number?

I overserved my sentence by a month.

Paul Stanko answered on Jan 27, 2019

You can't do that. The extra time you served is lost. What you might, perhaps, do is file a petition to modify the sentence with respect to the fine imposed. That is assuming you were assessed a fine at all.

1 Answer | Asked in Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law for Indiana on

Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom

and you can see light through the roof do we have any options my husband is on ssd

Alexander Florian Steciuch answered on Jan 14, 2019

It does not sound like your heating works. Either that or your house is uninhabitable. Landlords have a duty to provide you with a safe and habitable living space. Notify your landlord, in writing (keep a copy for yourself), via certified mail of all the issues with the house and inform your... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Civil Rights for Indiana on

Q: what will happen for possession of marijuana and paraphernalia

I received four tickets in less than 24 hour period. All in the state of Indiana. One speeding, second time speeding, possession of marijuana (little amount, and paraphernalia (one hitter). I’ve had a clean record and just turned 18. He gave me a ticket for each. Will I still have to go to court?... Read more »

Paul Stanko answered on Dec 30, 2018

The marijuana charge is a misdemeanor. You can't just pay the ticket. Get a lawyer--you may be eligible for a diversion.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on

Q: F6 cass County. $5000 cash onlyno reduction,chief prosecutor was PD in 2013 6years incarcerated venue laws bond laws

First offense domestic battery

strangulation. Higher then normal band requested by prosucution cause of knowing the defendant is there someone i can write the cass county judicial is playing by there own rules something needs done. They changed prosecutor but still same office still being... Read more »

Andrew L. Bennett answered on Sep 20, 2018

You can ask the judge for a special prosecutor.

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Indiana on

Q: Is hard water damage from well water to a shower considered normal wear and tear?

We lived there for 3 years and we’re on a well that supplied water to both units of a double. The water softener was hooked up in the adjacent unit but ran to ours as well. He wants me to pay to have it cleaned. Also he is saying I have to pay for new carpet because of stains, we didn’t have... Read more »

Alexander Florian Steciuch answered on Sep 10, 2018

Wear and tear from regular use is near the exact definition of normal wear and tear. Things lose value over time, get damaged and have to be repaired or maintained. This is not deductible from a security deposit or attributable to the tenant. It is the cost of renting and having a family or person... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on

Q: Does the police have the right?

Do the police have the right to run my car’s tags if it’s parked at a residence ? 1:30am me and my son seen 2 police cars parked and talking, witch neither one was facing the roadway nor had there lights on, they soon pulled out as I pulled into a driveway, the cop asked me about my license... Read more »

Gary Kollin answered on Aug 26, 2018

In general, there is nothing illegal about running a tag. Whether the police had a right to enter on your property is another question.

Generally the front yard has a limited expectation of privacy.

For instance, if the police knew your name, nothing prohibits them from running your...
Read more »

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2 Answers | Asked in Bankruptcy and Civil Rights for Indiana on

Q: My son was arrested in Marion County Saturday night for a warrant out of Shelby County. It is now Monday afternoon.

He has not been processed and yet to be picked up by Shelby Co. No bedding on concrete. How is this not a violation of due process?

Timothy Denison answered on Aug 20, 2018

He has to be brought before the court to answer the warrant. If he is in another county, it usually takes 10-20 days for hectransfer.

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1 Answer | Asked in Civil Rights for Indiana on

Q: Is it legal for an apartment complex to keep a deposit for the apartment if its not taken?

We put a deposit of 250.00 down for an apartment. We both paid for background checks...totaling 42.00. We got an eviction notice and did not pass the background check. A social security card had to be ordered so we had to wait for over a week for it to come in the mail. In the meanwhile we were... Read more »

Gary Kollin answered on Aug 17, 2018

This should be directed to Landlord-Tenant

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on

Q: Can an officer arrest my girlfriend without having the warrant and not reading her maranda rights at all?

He come said there was a warrant but didn't have it, he cuffed her, searched her pockets, didn't read her maranda rights, wouldn't tell me what the bond was he said he didn't know, put her in the front seat cuffed and drove her to the sheriff's station which is also the jail. 2 witnesses were there... Read more »

Andrew L. Bennett answered on Aug 9, 2018

It's not an absolute that he have a copy of the warrant when he arrests her, he needs to have a good faith basis there is a warrant. If he arrested her and there was no warrant then he opens himself and the department to a law suit. An officer does not have to read a person their constitutional... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on

Q: Did the police cross the line?

The police were called on my ex-wife because a neighbor’s kid said she hit him. They wanted to exam my 11 year old autistic son for sexual abuse when they were here. She said no but they had him take his pants off and examined him anyway, on the front porch of the apartment in plain sight of... Read more »

Andrew L. Bennett answered on Jul 13, 2018

It sure sounds like they did.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on

Q: Can I sue the Police department narcotics department for drug raiding my house I wasn't person on the bodily warrant I

was arrested and put in jail for 4 days charged with a felony and mistometer, my lawyer got case dismissed for invalid search warrant, invasion of privacy. I was evicted charged 3000 for damages the 15 narcotics officers done knocking down doors and destroying house. I have been tuned down jobs,... Read more »

Andrew L. Bennett answered on Jul 13, 2018

It sounds like you may have a case, I would suggest the 'find a lawyer' feature on Justia to find an attorney in your area that handles suits against police, called 1983 actions. Also be mindful that you have a short window in order to put the department on notice, which I believe is 180 days from... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Indiana on

Q: What should be the next step to proceed after denial of default motion

Ary Avnet answered on Jul 10, 2018

I would make sure that service has been perfected. Then you need to proceed to discovery or move for summary judgment if you are able.

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