Indiana Civil Rights Questions & Answers

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

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Answered on Mar 15, 2019
Paul Stanko's answer
"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.

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

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Answered on Mar 8, 2019
Paul Stanko's answer
If you can't afford an attorney and have charges pending against you, you may request a public defender.

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

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Collections for Indiana on
Answered on Jan 27, 2019
Paul Stanko's answer
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.

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

1 Answer | Asked in Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law for Indiana on
Answered on Jan 14, 2019
Alexander Florian Steciuch's answer
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 landlord that the issues need to be resolved in a timely manner. If your landlord refuses to fix the issues, it may be said that you have been constructively evicted, which can be a basis upon which a...

Q: what will happen for possession of marijuana and paraphernalia

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Civil Rights for Indiana on
Answered on Dec 30, 2018
Paul Stanko's answer
The marijuana charge is a misdemeanor. You can't just pay the ticket. Get a lawyer--you may be eligible for a diversion.

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

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Indiana on
Answered on Sep 10, 2018
Alexander Florian Steciuch's answer
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 live in a house.

Stains on a carpet may be outside of normal wear and tear however, regardless of whether or not you have pets. Depending on the damage to the carpet that may fall outside of...

Q: Does the police have the right?

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Answered on Aug 26, 2018
Gary Kollin's answer
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 name at any time

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

2 Answers | Asked in Bankruptcy and Civil Rights for Indiana on
Answered on Aug 20, 2018
Timothy Denison's answer
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.

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

1 Answer | Asked in Civil Rights for Indiana on
Answered on Aug 17, 2018
Gary Kollin's answer
This should be directed to Landlord-Tenant

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

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Answered on Aug 9, 2018
Andrew L. Bennett's answer
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 rights when arresting the person, unless they are asking questions other than name, dob, address, etc. But if he asked her questions that would be considered custodial interrogation then he must read...

Q: Did the police cross the line?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Indiana on
Answered on Jul 13, 2018
Andrew L. Bennett's answer
It sure sounds like they did.

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

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Answered on Jul 13, 2018
Andrew L. Bennett's answer
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 the time they raided your house. If you miss the time frame you are precluded from moving forward with your case. Also you should look into an expungement of the criminal case if it was dismissed...

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

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Indiana on
Answered on Jul 10, 2018
Ary Avnet's answer
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.

Q: is it discrimination to refuse to sell a health product to a disabled person

1 Answer | Asked in Civil Rights and Libel & Slander for Indiana on
Answered on Jun 2, 2018
Gary Kollin's answer
I am wondering how the cashier would have known the condition is related to your son's disabilityso you can establish discrimination.

Sounds like the manager just wants to get rid of the whole thing and resolve in nominally

Is your son a good witness for a suit and is there any real damages other than nominal?

Q: Pulled over, and the officer asked to search my vehicle. I said no. He then reached in and rolled down my back window!

1 Answer | Asked in Traffic Tickets and Civil Rights for Indiana on
Answered on Apr 9, 2018
Andrew L. Bennett's answer
You should contact an attorney who knows the court where your case is pending to determine the bests way to proceed.

Q: My landlord is doubling my rent after I quit working for him. Also has neglected to rid the house of pests. Can I sue?

1 Answer | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for Indiana on
Answered on Apr 3, 2018
Alexander Florian Steciuch's answer
There's way too much going on here to get a quick answer over the internet. You need to consult with a real estate attorney in your area ASAP. You may have rights in the property based on the money you have put into it and from the terms of your agreement.

Q: What is considered a reasonable time when showing a house (to potential buyers) that is occupied by renters? M-F? wkend?

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Landlord - Tenant for Indiana on
Answered on Mar 26, 2018
Alexander Florian Steciuch's answer
Unless you stipulated otherwise in the lease agreement, you can basically show the house whenever you want, provided that you give advance notice and the hours are reasonable. Having a showing during normal business hours is perfectly acceptable, weekday or weekend. Be nice about the process and recognize that even if you are attempting to show the house or apartment, the tenants are still living there and that it is their home.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.