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Indiana Gov & Administrative Law Questions & Answers
2 Answers | Asked in Gov & Administrative Law, Civil Rights and Personal Injury for Indiana on
Q: Can a hospital hold my husband based on incorrect records from over a year ago?

My husband voluntarily went to Bloomington Meadows Psychiatric Hospital on April 22, 2025, to adjust his medications. He signed an AMA on Wednesday, but they are holding him until Monday, citing incorrect records from IU Health Morgan ER related to an incident from November 2023. Despite providing... View More

Charles Candiano
Charles Candiano
answered on Apr 26, 2025

With all due respect, that doesn't make any sense. If your husband wanted or needed to "adjust" his psychotropic medication, he could have and should have contacted the prescribing physician, NOT check himself into a psychiatric hospital if he did not want to be admitted. Once... View More

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3 Answers | Asked in Gov & Administrative Law, Civil Litigation and Personal Injury for Indiana on
Q: Should I ask for more compensation in my Tort Claim against the city for sewer damage?

I live in a town where the city neglected the sewer main by my house, causing sewage to flood into my finished basement. A plumber confirmed that the issue was solely the city's responsibility, and the city was fixing the problem in a neighbor's yard when the plumber verified with them... View More

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2025

My colleague raises excellent points. You may want to discuss this with local attorneys to help you make the best decision. As between pursuing through your insurance or a municipality, while both present their share of challenges, city-based claims are often more difficult. Also be mindful of the... View More

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3 Answers | Asked in Gov & Administrative Law, Civil Litigation and Personal Injury for Indiana on
Q: Should I ask for more compensation in my Tort Claim against the city for sewer damage?

I live in a town where the city neglected the sewer main by my house, causing sewage to flood into my finished basement. A plumber confirmed that the issue was solely the city's responsibility, and the city was fixing the problem in a neighbor's yard when the plumber verified with them... View More

Charles Candiano
Charles Candiano
answered on Mar 19, 2025

I disagree with your strategy. A far better course of action is to file a claim with your insurance company. If the insurance company wants to pursue a claim against the City of Hobart, that is their prerogative. BE CAREFUL!!! you cannot sue a municipal entity unless you file a tort claims... View More

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Q: If a cop pulls you over can they take your car if they think the car bought with money from drugs?

I know that if you have money or a possession, a cop can take it if they think it came from drugs, even if there's no proof you've ever come in contact with them. They can take your possessions without due process. just wondering

Charles Candiano
Charles Candiano
answered on Sep 20, 2024

The police can "seize" property if there is probable cause that the property was acquired with money from the sale of drugs or if the property was used in the sale of drugs but the police cannot "take" the property. You still own it. If the prosecuting attorney determines... View More

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2 Answers | Asked in Family Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Indiana on
Q: My soon to be daughter in law's mother refuses to hand over her birth certificate. She was born in a different state.

She moved out of an abusive home as soon as she turned 18, less than a year ago. My son and her are expecting their first child and she needs her birth certificate in order to get state health insurance for prenatal care. Her abusive mother refuses to turn over her birth certificate, and it's... View More

James L. Arrasmith
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answered on Jun 21, 2024

1. Obtaining a birth certificate from another state:

- Most states allow individuals to request their own birth certificates online, by mail, or in person at the vital records office.

- She doesn't need her mother's permission to obtain her own birth certificate, as...
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1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Indiana on
Q: I got a ticket for a suspended license officer wrote previous owners info on ticket, can they charge me after the fact

I bought my truck from an individual seller and I got pulled over before I got it registered and I have a suspended license, the officer wrote a ticket for the suspended license but put all the previous owners information on the ticket and not of my information, can they go back and charge me with... View More

Joel D. Hand
Joel D. Hand
answered on Mar 4, 2024

Yes. The ticket itself is not the actual charge until it is reviewed and filed by the prosecutor's office. The prosecutor's office may catch the difference and file the charge correctly. Even if they don't, the prosecutor has the ability to dismiss and re-file the charge with the... View More

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Indiana on
Q: As an out of state resident, can a person 18-21 privately purchase and apply for a CCW for a handgun?
James L. Arrasmith
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answered on Jan 18, 2024

Unfortunately, based on Indiana law, it does not appear that an 18-21 year old non-resident would be able to privately purchase a handgun or obtain an Indiana concealed carry permit. Here are the key reasons:

• Private handgun purchases - Federal law prohibits federally licensed firearms...
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1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Gov & Administrative Law for Indiana on
Q: IN Law: Is a school that’s been abandoned 10+ years still considered “school property” ?
T. Augustus Claus
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answered on Dec 28, 2023

In Indiana, the status of a property as "school property" is typically determined by its legal designation and ownership, rather than its current use. If a school has been officially abandoned and is no longer owned or maintained by an educational institution, it may no longer be... View More

1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: if i was referred to a company to install a grease trap but my license was expired am i in trouble

i was an apprentice with assistance from a licensed journeyman

James L. Arrasmith
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answered on Dec 21, 2023

In Indiana, working on a project like installing a grease trap typically requires a valid license. If your license was expired at the time of the job, this could potentially be a problem, especially if licensing is a legal requirement for the work performed.

However, since you mentioned you...
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1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: what if i was referred to a business to install a grease trap but my plumbing license was expired

i was an apprentice with the help of a licensed journeyman

James L. Arrasmith
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answered on Dec 21, 2023

In Indiana, performing plumbing work without a valid license can lead to legal and professional consequences. It's essential to ensure your license is current before undertaking any plumbing projects, especially ones like installing a grease trap which require specific expertise.

If...
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1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: I purchased a vehicle through an auction with an abandonedvehicle titlepacket for IndianaBMVafter 3 attempts i need help

I have sent in my packet 3 times and every time they find a separate issue with my forms. They are now saying i need a form that requires the auctioneer along with tow company and my info and signatures to be re filled out. I don't have the contact info for these entities. Can I have a lawyer... View More

James L. Arrasmith
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answered on Dec 2, 2023

Dealing with title issues for a vehicle purchased at auction can be complex, but there are steps you can take to resolve this. First, try to obtain the contact information for the auctioneer and the tow company. This information might be available through the auction house or any documentation you... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for Indiana on
Q: will i be required to pay a fee by letting my son put a trailer or mobile home on my propriety ?
James L. Arrasmith
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answered on Dec 4, 2023

In Fort Wayne, Indiana, if you're considering allowing your son to place a trailer or mobile home on your property, there are several factors to consider regarding potential fees. First, it's important to check the local zoning ordinances. These rules determine what types of structures... View More

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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Criminal Law for Indiana on
Q: Seeking advice on bond refund and misinformation after son's extradition due to out-of-state warrant.

I paid $5,000 to bond my son out, initially being assured that he would be released. A few hours later, I was informed that he was being extradited due to an existing warrant from another state. Despite being told beforehand there was no hold on him, and the facility has not refunded my money,... View More

James L. Arrasmith
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answered on May 15, 2025

First, it's important to address the misinformation you were given about your son's status and the possibility of his release. The facility should have accurately informed you about the out-of-state warrant and any holds on your son before you paid the bond. If they failed to do so, you... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for Indiana on
Q: Indiana law on nonprofit board conflict of interest and abstention requirements.

I am inquiring about the legal requirements under Indiana law for nonprofit board members when there is a conflict of interest. Specifically, if a board member owns property that would benefit from an approved vote, are they required to abstain from both discussion and voting? The nonprofit follows... View More

James L. Arrasmith
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answered on May 15, 2025

Under Indiana law, nonprofit board members are required to disclose any conflicts of interest, including when they stand to personally benefit from a decision. If a board member owns property that would benefit from a decision being made by the board, they must disclose this conflict of interest.... View More

1 Answer | Asked in Criminal Law, Juvenile Law and Gov & Administrative Law for Indiana on
Q: Will my juvenile record affect buying a firearm in Indiana?

I'm turning 21 soon and interested in buying and possessing firearms, including handguns and long guns. However, I'm concerned that my juvenile record might affect this. At 16, I was adjudicated delinquent for domestic violence in Indiana, and there have been no changes like expungement... View More

James L. Arrasmith
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answered on May 15, 2025

In Indiana, a juvenile adjudication can affect your ability to buy a firearm, especially if the adjudication involved certain offenses, such as domestic violence. Although juvenile adjudications are not considered convictions, they can still impact your eligibility under federal and state laws.... View More

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Indiana on
Q: Why attend a detention hearing in Indiana after children removed?

Why am I required to attend a detention court hearing in Indiana? My children were removed from a cousin's care following an incident where my cousin pulled a starter pistol on my 13-year-old and then made false accusations against me. My daughter is now in a diagnostic facility. What can I... View More

James L. Arrasmith
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answered on May 15, 2025

You're being asked to attend a detention hearing in Indiana because the court is legally required to review any emergency removal of children from their home or caregiver. This hearing is the first chance for a judge to hear why your children were taken and decide whether they should stay in... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Indiana on
Q: Can delinquent sewer charges be added to property taxes as a lien in Indiana?

I received a court notice indicating a lien from a sewer company due to delinquent charges in Indiana, and my property tax bill now includes an additional $5000. The sewer company previously billed inaccurately without any resolution or offered payment plan. The notice from the court did not... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, under Indiana Code IC 36-9-23-32, unpaid sewer charges can legally become a lien on your property and be added to your property tax bill. This statute allows municipal utilities and certain sewer companies to certify unpaid charges to the county auditor, who then adds the amount to your... View More

1 Answer | Asked in Gov & Administrative Law, Civil Rights, Civil Litigation and Criminal Law for Indiana on
Q: Can a hospital hold someone based on erroneous records from an incident over a year ago?

My husband voluntarily went to Bloomington Meadows Psychiatric Hospital on Tuesday, April 22, 2025, to adjust his medications. They are holding him until Monday, citing records from IU Health Morgan ER that relate to an incident from November 2023, which I can prove did not happen recently. Despite... View More

James L. Arrasmith
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answered on May 14, 2025

When you voluntarily admit yourself for a mental‑health evaluation, the facility can convert you to an involuntary patient only if two qualified professionals certify that you currently pose a danger to yourself or others or can’t care for your basic needs. That emergency hold is limited to 72... View More

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Real Estate Law for Indiana on
Q: Can a city in Indiana remove property and charge taxes without a warrant?

Can a city in Indiana repeatedly remove items such as bicycles, a washer, a dryer, patio furniture, a grill, and lawnmowers from my yard, considering them trash, and charge $5,000 to my property taxes without a warrant? I received tickets but no prior notice or opportunity to appear before a judge... View More

James L. Arrasmith
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answered on May 14, 2025

What you're experiencing sounds deeply frustrating and potentially unfair, especially when your personal property is being taken without warning or a chance to defend yourself. In Indiana, cities can enforce ordinances about yard maintenance and nuisance abatement, but they are still required... View More

1 Answer | Asked in Education Law and Gov & Administrative Law for Indiana on
Q: My 14-year-old was questioned at school about weed smell from home. School and CPS can't provide info. How do I find out who questioned her?

Last Thursday, my 14-year-old daughter was called to the school office and questioned about her home life. They mentioned someone reported smelling weed from our house. I've contacted the school, and they said they can’t tell me who questioned her. I've also reached out to CPS, and they... View More

James L. Arrasmith
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answered on May 14, 2025

You have every right to be concerned and to ask questions when your child is pulled from class and questioned without your knowledge. At 14 years old, your daughter is still a minor, and in most situations, parents must be informed when an interview or questioning involves something as serious as a... View More

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