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Indiana Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: How can I find who is the public defender assigned to a case.ive tried calling the office
Andrew L. Bennett
Andrew L. Bennett answered on Aug 18, 2021

If the county where the charges are pending is using Odyssey/mycase (mycase.in.gov) you can look up the case and it should list who is the PD assigned.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can I be convicted of a syringe charge if the syringe has no needle and no plunger and no drugs
Andrew L. Bennett
Andrew L. Bennett answered on Aug 13, 2021

It will depend on many other facts. You should consult a criminal defense attorney right away.

1 Answer | Asked in Criminal Law for Indiana on
Q: What does this mean? "Defendant appears with counsel, Earnst enters. State by DPA. "
Andrew L. Bennett
Andrew L. Bennett answered on Aug 13, 2021

It means the defendant appeared with his attorney (likely Kurt Earnst) who also entered his appearance and the state was present by its Deputy Prosecuting Attorney.

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Traffic Tickets for Indiana on
Q: insurance company refuse to pay for my vehicle after an accident cause someone was driving with suspended license

My husband received a ticket in February 2021 we paid the speeding ticket and the Bmv sent the sr-16 to the Bmv my husband got into an accident and hit a tree he was the only one involved in the accident in July 2021 and that’s when he found out his license had been suspended and yes I know... Read more »

Charles Candiano
Charles Candiano answered on Aug 13, 2021

An insurance company has a right to refuse payment on an accident claim if the driver did not have a valid license. You admit that your husband did not have a valid license at the time of the accident. Your insurance company may well be refusing to issue a certificate of coverage but that refusal... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: Am I entitled to half the house if I get a divorce?

My husband purchased our house in Indiana a few months before we got married (over 10 years ago). Am I entitled to half? Does he have to sell the house and split the profits with me? The house has gone up in value. My annual income is around $80.000. Would I be financially responsible for my... Read more »

Michael Ferrin
Michael Ferrin answered on Aug 12, 2021

If the home was purchased before the marriage it would be considered non-marital. But, if you or your husband have been making payments on the home during the marriage or have made improvements on the home during the marriage there may be a marital component to the home which would provide you with... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Do I have a suppress motion? Pulled over.pass. had warrant. Found para. On therm.ask to search me. No, called dogs waitn

Asked about weap.knife clipped to pocket he opened pocket (no pat down)looked in said"oh that's why.'saw a glass stem. Pulled it out then reached into other pocket pulled outbag. Off to jail I went.... No dog no field test..

Andrew L. Bennett
Andrew L. Bennett answered on Aug 5, 2021

What you have detailed seems to show there are problems with the case, however to know whether there is evidence that is suppressible would require an attorney to fully review the reports and other evidence in the case. You should consult with a criminal defense attorney to get a better idea of... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: My mom was fired today from her new job because of the CEOs personal prejudice against her fiancé. Should we fight it?

My mom got a new job and was fired today because she received flowers from her fiancé and his name was on them. He is a well known director for a local union and when the ceo saw them she fired her after she came back from lunch. She asked if she did anything wrong and the answer was no and that... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 4, 2021

Indiana is an at-will state. This means that an employer may generally terminate an employee at any time and for any reason or no reason. There are very limited exceptions to this general rule. The situation you are describing is certainly unfair, but it does not violate the law or give your mom a... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: My ex is dating a child predator, I have asked that he not be allowed around my daughter, this wish has not been done.

How do I get him to stay away from my daughter

Troy Tyson
Troy Tyson answered on Aug 3, 2021

You may need to consider filing a petition with the court to modify parenting time or otherwise restrict this person's access to your children. You should consider speaking with an experienced family law attorney about your case.

2 Answers | Asked in Contracts, Bankruptcy and Landlord - Tenant for Indiana on
Q: My wages are being garnished from me forgetting to take my name off the lease that my ex shared. How can I stop this?

I moved out of my apartment after I broke up with an ex a while ago. He stayed. I forgot to take my name of the lease and he can't keep a job, so now the creditors are coming after me. They've garnished my wages and now I can't afford food or gas. Please, what can I do to fix this?

Timothy Denison
Timothy Denison answered on Jul 29, 2021

File a chapter 7 or Chapter 13 to terminate the garnishment.

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1 Answer | Asked in Small Claims for Indiana on
Q: What do I do?

Papers were left in my door saying I needed to show up for court in August I am being sued for like $3000. I have read it over and over again and it does not say who is suing me. So I have no clue who or why I'm being sued for that amount of money.

Tim Akpinar
Tim Akpinar answered on Jul 27, 2021

An Indiana attorney could advise best, but your question remains open for two weeks. And time could be of the essence in your response. At this point, you may have already sorted this out. If not, contact the clerk of the court and provide whatever information is contained in the paperwork. In most... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: Just found out old girlfriend had a child which may or may not be mine. She refuses to get paternity test with me.

What are my options? Do I lose custody rights after 60 days if I wait for a test.

Troy Tyson
Troy Tyson answered on Jul 27, 2021

You can file a petition for paternity, and ask the court to order a DNA test. You should consider speaking with an experienced family law attorney to guide you through this process.

1 Answer | Asked in Social Security for Indiana on
Q: When I got a divorce, one of the agreements threw court was that I wouldn't have to pay child support.

I got divorced 8 years ago. We both got joint custody. She however is the custodial parent. I haven't seen my son for at least 6 7 years now. My ex moved with my son and stopped contacting me. I don't know where they live now. He will be 18 soon. I remarried and have 2 other children.... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jul 20, 2021

You posted this question in another state and as was explained there, the order to pay or not pay child support under state law has no bearing on this federal benefits program. All of your biological children are eligible for benefits until they turn 18 or until 19 if they are still in high school... Read more »

1 Answer | Asked in Social Security for Indiana on
Q: I got divorced 8 years ago. My ex wife is the custodial parent of my son. I wasn't court ordered to pay child support.

I just got approved for ssdi. I'm remarried with 2 other children in my home. Their benefits are on hold until my ex wife is found and notified that my son that lives with her...may be able to receive benefits threw me. It's making it rough because I can barely support my wife and... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jul 20, 2021

All of your minor children are eligible me for benefits if your individual payment is below the family maximum payment. The difference between your payment and the family max can be up to 1/2 of your payment. Whatever that amount is will be split equally between your children. It does not reduce... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: If I was attending a county fair and parked in a designated parking area and a tree fell on my car who responsible?

It was not windy or no storms in the area and all I have is plpd it’s county property

Charles Candiano
Charles Candiano answered on Jul 20, 2021

On your facts, you are responsible for the damage because on your facts, the county did nothing which would cause it to incur liability. On the other hand, if a large branch of this tree was known to be dead for many years and the county was advised that the branch should be removed but failed to... Read more »

2 Answers | Asked in Social Security for Indiana on
Q: I get ssdi benefits for myself. I have a disabled 6 year old son in my home. Should I apply for ssi for him separately?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jul 19, 2021

You can apply for SSI benefits if your household is financially eligible. You should also file for dependent (sometimes called auxiliary) benefits for him. Those benefits are available if your payment is high enough and are based on your receipt of SSDI. There is no requirement that a minor child... Read more »

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2 Answers | Asked in Car Accidents for Indiana on
Q: My car got keyed. And the person who did it said over text I should watch out for my car. Is that enough evidence?
Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2021

The police might want more. If there is surveillance footage that would be useful. But why not ask them?

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1 Answer | Asked in Employment Law and Employment Discrimination for Indiana on
Q: Was I wrongfully terminated?

I Informed HR that I was going to be needing to use some of my 12 weeks allowance of FMLA. I had seen a doctor the day I let HR know. The doctor just needed the forms from the HR department of work but she had given me a note excusing me starting on June 29th 2021. Then today on June 30th 2021 I... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 7, 2021

Hello, more information is needed here. It would be unlawful for the employer to consider your use of FMLA in a decision to terminate you. I would reach out to an employment law attorney to schedule a consultation.

2 Answers | Asked in Bankruptcy for Indiana on
Q: I have a 15 year old debt that Discover sends Summons by court every couple of years. What happens if I stop going?

The debt is not on my credit report. I go to the court and actually meet with lawyer for Discover who asks some questions. I think they are just trying to keep the debt refreshed. What happens if I don't go? Or should I contact them? We have no money.

Christopher Crull
Christopher Crull answered on Jul 7, 2021

This sounds like a situation in which you are being summoned to appear at a debtor's exam. This is a court proceeding for which there are penalties if you fail to appear, including the possibility of the court issuing an arrest warrant. The debtor's exam is a tool that a judgment... Read more »

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1 Answer | Asked in Employment Law for Indiana on
Q: My son voluntarily is in rehab. His job empl. Under 50 ppl. He’s been at job 10 mo. What job protect act wld he fall un

Work for hefler for 5 yrs. PO and G ( pfiefer oil and gas ) bought out Hefler. Been with them 10 months. Doing same job total 6 yrs. PO and G denied fmla. Are there any Laws to protect his job since hes only been with PO and G 10 mo?

PO and G called Rehab Center and told them he would lose... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 7, 2021

In some situations, an unpaid medical leave of absence can be a reasonable accommodation under the Americans with Disabilities Act. You should contact an employment law attorney in your area to discuss your son's options in more detail.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: My friend witnessed domestic violence and she didn't intervene. Is she in trouble?

The man was 6'4" security guard who. eat his girlfriend. My friend was afraid for her own safety and was afraid if she acted he would turn his attention on her. Prior to the attack, the man's girlfriend tried to force herself on my friend, that's when he attacked his girlfriend.

Andrew L. Bennett
Andrew L. Bennett answered on Jul 6, 2021

Your friend would not be in trouble for not intervening especially in light of the size difference between her and the abuser. If charges are filed against him for beating his girlfriend, your friend may be required to testify.

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