Ex : been exposed to cruel and unusual punishment, unaccessible to hygiene and food/ store for 5 weeks due to laid off/ non payment. All passes taken for 5 weeks. What are personal rights while under house arrest, what are States rights while under house arrest, what is counties rights while... View More 
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answered on Mar 2, 2023
When someone is under house arrest, their legal rights depend on the conditions and terms set forth by the court and the state. In general, a person on house arrest has the right to:
Due process: This means that any decisions related to the house arrest must be made according to legal... View More
On top of saying I made a statement and never did. With no bodycams on a knock & announce search warrant. What are my options
answered on Jan 30, 2023
Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.
The vast majority of warrants are "knock and... View More
Don't talk about the details of our case? In my situation after 3 yrs and 2 attorneys and NEVER HAVE MY QUESTIONS BEEN ANSWERED!! NOT EVEN HERE!! My questions are basically about procedures in a criminal case in ELKHART INDIANA. HOME OF THE WOLVERINES!! #1 in wrongful convictions &... View More
answered on Jan 30, 2023
This is a public forum, so there is no attorney-client privilege to anything posted here. Additionally, if you are a friend or family member sharing details about another person's case, you are also providing information publicly that the prosecution can use in their investigation and trial... View More
The police never gave the signed warrant to the clerk to file. Took 11 months to return the warrant and it's not the same cause number. Also no bodycams? Why
answered on Jan 30, 2023
First, body cams are not required by law, so there is nothing abnormal or problematic with not having body cam video in discovery since not all officers are equipped with body cams.
Second, it is not uncommon for search warrants to be obtained under a unique cause number and not in the same... View More
When does an affidavit (probable cause) for search have to be filed with the clerk? When does the warrant have to be returned? If there's no affidavit of probable cause ever filed with the clerk EVER ..is that legal? Next if 10 months later a different cause number(ed) search warrant is... View More
answered on Jul 5, 2022
If you have had 3 attorneys not sure why your questions have not been answered. To answer your questions accurately depends on the specific facts of your case which are not listed in your description. However, you can Google the specific statute to give you some insights into the law that... View More
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... View More
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.... View More
what all areas are they allowed to search with and without a search warrant while i am on house arrest
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... View More
Me and my wife was married, divorced 5 years now but have been in a relationship during those 5years I own My own business Repairs on R.Vs The property my business is on is in my ex wifes name and now that we have went see ways shes evicting me from my business with property purchased by both of... View More
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answered on Aug 29, 2023
Given that your business is operating on this property, the stakes are high, and immediate legal consultation is advisable to protect your interests.
Went to an interview and I mentioned that I was in recovery, because we were talking about my criminal history, and as soon as I had mentioned that I was in recovery I was told that I wouldn't be hired because I am an addict
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answered on Jul 19, 2023
In Indiana, like many other states, there are laws in place that prohibit employment discrimination based on certain protected characteristics, such as race, color, religion, sex, national origin, disability, and in some cases, past drug addiction. These laws are designed to ensure equal employment... View More
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.... View More
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.
My license was suspended 2 years ago due to a criminal charge and lack of financial responsibility I've been pulled over and now here recently literally just in the parking lot almost of my employment and ticketed for driving law suspended the problem is I am so far in debt due to this covid... View More
answered on Jul 26, 2022
Go to IN.gov and look up the BMV. There should be sample forms for waiver available.
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.
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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
I Was driving down a highway when I got pulled over for swerving Despite the fact That I had a dashcam that said otherwise
answered on Jan 18, 2022
In Indiana, if you are pulled over for a traffic violation, alleged or actual, you must show identification.
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... View More
answered on Dec 22, 2020
You need to contact an experience criminal defense attorney in your area to discuss the case in more detail.
She screams at us daily, exposes herself to Covid-19 by traveling and then comes back to the apartment, and throws things and refuses to clean after herself. (She also is often drunk or high?) She’s acting violent and we have to lock our bedroom doors at night. We asked her to leave by the end of... View More
answered on Dec 12, 2020
Have either of you discussed it with the landlord. You or the landlord can also go to court to get an order to evict her. Your landlord may also want to change the locks on your appartment.
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.
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.
House Bill 1150
answered on Sep 6, 2020
This is really something that an Indiana attorney would know best, but you await a response for four weeks. As a general matter, without regard to the type of case, court clerks can sometimes assist in obtaining file documents. However, in many places, COVID has changed some of the... View More
answered on Aug 21, 2020
Assuming you are not a CDL operator and in a commercial vehicle, no, not without a valid traffic violation.
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answered on Aug 5, 2020
Alot of times the LEOs either request Charges to be issued sometime after the Search Warrant Execution, or they try to work out a Sentence to bring to the Court for entry. Very often the citizens searched cooperate with the LEOs to incriminate others, and receive lighter Sentences therefor.
No charges in IN. 3 misdemeanor charges from OK. What to do if inmate is not released?
answered on Aug 3, 2020
The person needs to file a motion with the court where they are being held asking they be released. Also someone should advise the correct county in Oklahoma that the person is in-custody in Indiana and request they start the extradition process.
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