Get free answers to your Constitutional Law legal questions from lawyers in your area.
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 
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.
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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
My mother blames us for the way her boyfriend treats her they fight all the time the last fight they had he called my mom crazy and then he called me crazy when me and my mom get in fights she thinks it ok to put her hands on me last time she put her hands on me I threatened to call the cops and... View More
answered on May 7, 2020
A better option might be to call County Dept of Social Services and make a report, they will find you a safe home if necessary.
He is a non violent offender with under a year of time left. His name is Jamie Wacasey and he was arrested and charged with driving while suspended. He was traveling to walmart for children's tylenol when he was arrested. We are all very worried about him and this virus rapidly spreading... View More
answered on Apr 17, 2020
Sorry to hear about this. You should consult with a criminal defense attorney as soon as possible to consider his options. There are motions that can be filed on his behalf to try and get him relief during this scary time. Good luck!
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
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.
There are currently audio AND video devices in my home. 100% true.
answered on Nov 3, 2019
I'm sorry for your difficult situation. Constitutional issues generally involve action on the part of the state; but that isn't really important. It sounds like an uncomfortable situation, and whatever it is that you might pay an attorney to do - injunction, order, or what else, it could... View More
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
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
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.
