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Indiana Gov & Administrative Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Indiana on
Q: Can an Indiana Chief Deputy Prosecutor be charged/prosecuted for a murder he/she committed prior to becoming a CDP?
Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 8, 2022

Yes; their status as a prosecutor does not give immunity to murder charges and there is no statute of limitations on when charges for murder can be filed.

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Gov & Administrative Law and Municipal Law for Indiana on
Q: Is this a remedy in a criminal matter ?Conditional Acceptance, Motion for Discovery, Motion to Dismiss.

Plus taking the exposition of pleading guilty to the facts but not to a crime. This also requires them to PROVE their claims, produce first hand witnesses or injured parties, and require them to prove their bonding information, among other things

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2021

An Indiana attorney could advise best, but your post remains open for a week. There are a number of terms presented here, and the context is not fully clear as to whether they pertain to criminal or civil elements of a legal matter. The admiralty/maritime connection was not readily apparent from... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Indiana on
Q: My husband has federal court coming up and on the court docket it has Plaintiff: USA Defendant: (a different name.

It has my husbands co-defendant)

My question is why is that like that?

Matthew Williams
Matthew Williams
answered on Jun 14, 2021

It really depends where on the docket you are looking, but case captions are generally limited to one name. So you'll often see USA v. John Doe, et al. The et al. stands for everyone else. Some cases have lots of defendants and it would make things awfully cumbersome if they all had to be... View More

1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Legal Malpractice for Indiana on
Q: Why does the chronological case summary say that a notice of discovery was filed by me when I haven't done ANYTHING?

My husband filed a petition for dissolution of marriage behind my back on 10/23/2020 and it looks like his lawyer submitted a bunch of stuff to the court. I haven't talked to anyone, hired a lawyer, or talked to his lawyer AT ALL. It shows that a notice of discovery with the "filed... View More

Troy Tyson
Troy Tyson
answered on Dec 2, 2020

It may have been an error by the clerk. You can try to contact the court to have them correct the CCS entry.

Also yes, effective service is required on you in order for the divorce to proceed.

Hope that helps.

1 Answer | Asked in Estate Planning, Gov & Administrative Law and Land Use & Zoning for Indiana on
Q: If you take care of a pice of ground for 50 years mow it and clean it up does it become yours
Ben F Meek III
Ben F Meek III
answered on Mar 27, 2020

Maybe. In order to obtain land by adverse possession there are several things you have to be able to prove. That you possessed the property, that you exercised control that was exclusive (nobody else controlling it), open (not hidden), notorious (well known or easy to see), and hostile to ownership... View More

1 Answer | Asked in Elder Law, Gov & Administrative Law and Probate for Indiana on
Q: Is medicaid prohibited to seek recovery from nursing home receipient's estate if there is a disabled adult child?

Medicaid sent a letter to recover from my deceased mother's estate. Mom spent 3 years in a nursing home, with Medicaid paying all but the last year of her life, which she paid for. My sister receives SSDI and is disabled. Does this prohibit medicaid recovery in Indiana?

Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2020

If the decedent is survived by a child of any age who is blind or permanently and totally disabled, Medicaid recovery is delayed until said child dies or regains ability (though the latter is rare).

1 Answer | Asked in Child Support, Collections and Gov & Administrative Law for Indiana on
Q: Indiana- Will I get my sons fathers Tax Refund if he is behind 19k .

I filed for child support again and was approved His support started in December and comes right out of his check to me . Will IRS intercept refund or is it too early . The court sent a letter in late December stating he owed That amount otherwise I wouldn’t have known

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Jan 30, 2020

Based on your question it is a possibility his tax refund could get intercepted.

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for Indiana on
Q: Are biker groups rides for a cause allowed to to run red lites as w funeral processions? In Indiana?
Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 6, 2019

The short answer is no, however, if prior arrangements are made with the city or town to have a police escort then most likely it would be yes.

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

2 Answers | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Indiana on
Q: Can I sue the state for renewing the license of an older person who hit me - they shouldn't have been driving.
Chase T Wilson
Chase T Wilson
answered on Oct 18, 2018

You can sue them, but the chances of that suit being successful are quite low given the immunity granted to government entities in Indiana. You'll also have the Indiana Tort Claims Notice to deal with. The best route is to pursue an insurance claim and possible a lawsuit against the at-fault driver.

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1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Indiana on
Q: I have a few questions about what is legal and what is not in Indiana pertaining to driving with an Arizona license

I just “moved” to Indiana from Arizona to be with my grandparents. I am living with my grandparents but going to college nearby. To drive in Indiana do i need to have an Indiana license? I know you have 60 days to renew your license when you move to another state but what is the LEGAL... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Jul 25, 2018

The requirement is based on where your domiciled, not moved. If you are merely going to college in IN but still a resident in AZ and pay AZ income tax then your AZ license is sufficient. However, if you no longer have ties to AZ and would be required to file taxes in IN then you must change your... View More

1 Answer | Asked in Gov & Administrative Law, Immigration Law and DUI / DWI for Indiana on
Q: Can someone with a permanent residence in the state of IN be deported with a recent speeding ticket & OWI?

Specifically in Hamilton county

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jul 23, 2018

That is a complicated area of law, the person needs to consult with an immigration attorney. An OWI is considered a crime of moral turpitude and could have deportation consequences.

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Indiana on
Q: Involved in an accident with concert traffic "cops" who didn't know what they were doing

- if the town allowed them to do this, can I sue the town?

Ary Avnet
Ary Avnet
answered on Jul 20, 2018

You are allowed to sue to the state, city, political entity if you have file a tort claims notice. Historically, the state had immunity from being sued for torts, but when Indiana filed the Tort Claims Act, it allowed Indiana and its political entities to be sued for certain things, including... View More

Q: Where do I get the waiver form to fill out for my Indiana license reinstatement?

I am indigent with 4 kids and a suspended license and need to try and get my $500 reinstatement fee waiver somehow.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 6, 2017

If you have not yet gotten your reinstatement fees waived you can go online to in.gov and find the information and the forms. If you do not have a computer, then consider the public library.

Q: I need to file a waiver for my reinstatement fees but I don't know where to get the form from or how.

My license are suspended. I need to pay the fee to the bmv but im indigent and can't afford to pay it or hire a lawyer to do it for me.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Sep 27, 2017

Go to in.gov and you will find a link that will give you the affidavit for indigence and documents for the petition as well as instructions to file. If you do not have a computer, I'm sure you local library has a computer you can use.

2 Answers | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: My friend just found out that he has a warrant in the State of Indiana but was never served?

It even says online that the papers were returned because no one was there to sign.

Paul Stanko
Paul Stanko
answered on Feb 8, 2017

The best thing to do is contact a criminal defense attorney who handles cases in that county. If there is an active warrant, or a pending case, the attorney can help your friend from there.

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1 Answer | Asked in Gov & Administrative Law and Criminal Law for Indiana on
Q: In the state of Indiana can the DMV see a warrant
Paul Stanko
Paul Stanko
answered on Sep 15, 2016

If you are wondering whether you may be picked up on a warrant if you go into a BMV office, the answer is yes.

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