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Indiana Civil Rights Questions & Answers
1 Answer | Asked in Medical Malpractice, Civil Rights and Health Care Law for Indiana on
Q: Does a jail have to get a prescription to put an inmate on a medication?

I was recently arrested and while being incarcerated the jail put me on a medication called Zyprexa without speaking to any medical staff or doctor. I don't have any prescriptions that I'm supposed to take. The medication they put me on caused extremely visual hallucinations. They gave me... View More

James Avery
James Avery
answered on Apr 2, 2020

You should not be forced to take medications, especially when they are not prescribed by a physician. This violates the 8th Amendment prohibition against cruel and unusual punishment.

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Domestic Violence for Indiana on
Q: What is it considered when someone tries to kiss or touch my baby without my consent because they adore babies?

People try to kiss and handle my daughter all the time in public because they love babies and think she’s adorable I ask them to back away and they get really mad with me. If they try to come back anyways I sometimes have to shove them away. What’s the legal standing on people attempting to... View More

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2020

You'd have to check with an Indiana attorney on this, as to how the kiss or touch could be defined under state penal codes or civil laws. But your post remains open for four weeks. By textbook definition, one could argue that the conduct amounts to battery, but in terms of viability, it... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: I was charged with felony and in plea agreement was moved down to misdemeanor after probation and was denied firearm

I was charged with 2 felonies. Possession of marijuana and distribution. Happened in February of 2018. In my plea agreement that I signed it said my felony charges were to be moved down to misdemeanor after I did one year probation and 40 hours community service. I completed both things and... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 1, 2020

Go to IN.gov and run your criminal history, there is a fee, and see what is documented. It may be a clerical error.

1 Answer | Asked in Civil Litigation and Civil Rights for Indiana on
Q: I was lied to about not being included in my father's will. But there was no will...
Tim Akpinar
Tim Akpinar
answered on Jan 18, 2020

You could repost in the Probate and Estate/Planning sections here. Attorneys who practice in that area would have the most insight into your situation. It would be helpful if you structured your post in the form of a question. Also, there is no need to include any personal information about... View More

1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: You I need to know if a police officer can infact arrest me for driving while suspended if he never pulled me over

You

..I've been yanked around in court...and Eve. Charged with driving without ever reviewing a license...when I infact DO have them ,they r just suspended...I even took papers from the DMV stating I have them...and they don't do anything about it..You

And ..,while I was... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Jan 15, 2020

You should consult with a local attorney or contact the court to request a public defender.

1 Answer | Asked in Civil Rights and Criminal Law for Indiana on
Q: I did the prosecutor gave it back to police for more investigation that they have had 6 months for.

The prosecutor was her lawyer in another case so i feel thats why there hasnt been anything done as well as she has family in police department. What can i do??

Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 30, 2019

You can try calling the Indiana State Police or the Attorney General.

2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Indiana on
Q: How do I go about pressing charges for a battery case with bodily injury the police arent persuing.

Have medical bills in collection now because of it as well as damaged property. I am being discriminated against by the local police and they are trying to give me the run around.

Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 30, 2019

You can contact the prosecutors office to see if they will do a citizen intake to discuss the case with you.

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1 Answer | Asked in Libel & Slander and Civil Rights for Indiana on
Q: I want to sue someone for using racial slander and drug references about me, in there song.

I believe that it is a defamation of character

Tim Akpinar
Tim Akpinar
answered on Dec 29, 2019

This is something that an Indiana attorney could advise you best on, but your question remains open for three weeks. You may be correct about being defamed. However, you should keep this in mind. These cases can be costly, and attorneys do not necessarily handle them on a one-third contingency... View More

1 Answer | Asked in Civil Rights for Indiana on
Q: I put a man in jail. Is his lawyer allowed to give him my address, phone number, and drivers license number.

I am being harassed by a man who I put in jail. His lawyer gave out my personal information and now he has called me and he knows where I live.

Gary Kollin
Gary Kollin
answered on Nov 12, 2019

It probably was on the police reports

2 Answers | Asked in Civil Rights and Probate for Indiana on
Q: He wants to sell thehouse. If I can get into the house and change the locks, could he take any legal action against me?

My grandmother just past and left her house and all assets to me and my two sisters. My great Uncle was made the executor of her will. He is firm in his belief that everything has to be liquidated, that he has already had them appraised and had a yard sale without our knowledge. We have asked for... View More

Gary Kollin
Gary Kollin
answered on Oct 19, 2019

Get a court order

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1 Answer | Asked in Consumer Law, Real Estate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Eviction is a mess
Tim Akpinar
Tim Akpinar
answered on Oct 11, 2019

Part of your question might have gotten left off in uploading. If you could repost with additional details (do not include personal information), that might enable an Indiana attorney to meaningfully assess the matter. Good luck

Tim Akpinar

1 Answer | Asked in Family Law, Civil Rights, Health Care Law and Medical Malpractice for Indiana on
Q: Please, how do I obtain a Psychiatric Advanced Directive? And will it even work?

I've been asking or this for years.

Jonathan Armiger
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Jonathan Armiger
answered on Oct 9, 2019

Indiana Code sections 16-36-1.7-0.5 to 16-36-1.7-5 deal with Psychiatric Advance Directives, including requirements to execute a directive as set forth in Indiana Code section 16-36-1.7-2. You can view these and other Indiana Code sections online using this website:... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on
Q: If a law officer runs your plates and the registration comes back correct but the paint color is different

Is this grounds to pull you over

Paul Stanko
Paul Stanko
answered on Oct 8, 2019

Yes. I had this exact issue arise in an Elkhart County drug case.

1 Answer | Asked in Civil Rights for Indiana on
Q: I was wondering about where you think the disparity of sentencing between men and women come from?

Men receive on average 63% harsher sentences. After some research this partly has to do with race. However, there is still a sizable gap (around 30%) that is unexplained.

Gary Kollin
Gary Kollin
answered on Oct 3, 2019

This is not a legal question. It is one regarding policy.

I am sure there are many treatises and other writing you can study

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Indiana on
Q: Is it required for police to leave a receipt of items removed from a home during a search warrant?

Both occupants were home when warrant was served for specific items to be obtained, but only one of the two received a copy. 11 days have passed and still no knowledge of what was removed from the home, but two specific items missing from home had nothing to do with the investigation. Feels as... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 30, 2019

The Search Warrant should have a case number at the Clerks Office, the police would also file a Return of Search Warrant detailing the items removed. The return is to be filed in the same case as the search warrant

1 Answer | Asked in Civil Rights, Health Care Law, Real Estate Law and Small Claims for Indiana on
Q: Can Medicaid take my house? Or anyone else?

I am joint owner of a house in Indiana via a quit claim deed that states "joint tenants with rights of survivorship". The other joint owner who is my grandma is now in a nursing home and has severe dementia. My aunt took power of attorney over her healthcare and has filed a lawsuit... View More

Michael Ray Smith
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Michael Ray Smith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2019

If the deed is to you and your grandmother as joint tenants with right to survivorship, you own half of the property (the house and lot) and your grandmother owns half of the property. That's called an undivided interest because each of you has equal rights to the entire property. Indiana... View More

1 Answer | Asked in Civil Rights for Indiana on
Q: After arrest is it legal for a male officer to put his hands in my pockets or waiste band?

Arrest without warrant. "Probable cause" Battery causing bodily injury. Also acted in self defence. With proof. If probable cause for arrest is dropped. Was search and seizure legal

Gary Kollin
Gary Kollin
answered on Sep 24, 2019

A male officer follows a female perpetrator in a high speed chase which takes him miles. Upon apprehending the female, the nearest female officer is ten miles away and involved in another arrest. Is the male officer required to simply wait before he can ensure the female perp is not carrying any... View More

1 Answer | Asked in Personal Injury and Civil Rights for Indiana on
Q: Lawyer is quiting in middle of lawsuit. Stated his reasons which I think are just try to cover for a violation of confid

I have to go to deposition in December. Confidentiality. By giving opposing lawyer acsses to my medical records.

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2019

Based on the limited facts here, I don't suspect that there was a violation of confidentiality here. You posted this under Personal Injury. If you are the plaintiff in a personal injury case, your lawyer would provide your medical records to opposing counsel as a normal course of action.... View More

2 Answers | Asked in Personal Injury and Civil Rights for Indiana on
Q: Lawyer is quiting in middle of lawsuit. Stated his reasons which I think are just try to cover for a violation of confid

I have to go to deposition in December. Confidentiality. By giving opposing lawyer acsses to my medical records.

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2019

Opposing lawyer is entitled to access to your records if you are making an injury claim. You need to ask your attorney's assistance in finding a lawyer. He has to file a motion to have the Court allow him out unless you already consented.

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1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Indiana on
Q: What case log can a inmate use to get a sentence modification if a judge said a different sentence from his release dat

The judge sentenced my boyfriend to 3 years do 18 months if he doesn't get into the drug program, which he didn't. But his release date has the full 3 years and the court told him he needs to file a modification. He needs to know what proper case logs he could use to put in his modification.

Gary Kollin
Gary Kollin
answered on Aug 23, 2019

case log or case law?

Without knowing the facts and circumstances, there are hundreds of books of case law and it is impossible to identify any in particular

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