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Indiana Questions & Answers
1 Answer | Asked in Municipal Law for Indiana on
Q: I have a friend who was living in a cabin on a privately owned pay lake. The police put him out of the cabin.

They told him he's not allowed to live on public property. The incident occurred in the city of New Albany, IN. Is there anything he can do legally?

James L. Arrasmith
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answered on Feb 6, 2024

Your friend's situation may involve local ordinances and regulations related to housing and land use, so it's essential for him to consult with an attorney who specializes in municipal or property law in the New Albany, IN area. Here are some general steps he can consider taking:... View More

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Should i plead guilty? no contest? or ask for infraction deferral?

I got a 9-21-5-11 (c)(2) ticket for speeding in a workzone, no workers present. The cop clocked me going 90 however I had my cruise control set to 80. the speed limit was 55. How do I plead to best lower my ticket price or consequences?

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 3, 2024

Pleading guilty will add significant points to your record. Also, a no contest is really a plea of guilty in disguise, same effect. If the prosecutor offers an infraction deferral, that would keep the conviction and points off your record. If they do not offer the deferral, then you should... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: How many days does a jail do a courtesy hold for another county?

I just bonded my boyfriend out from county jail but he has a hold in another county. Both jails are located in Indiana and they are located within 30 minutes of each other. I know there is usually a limit on how long a jail will hold an inmate for another county. So how many days do they have to... View More

T. Augustus Claus
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answered on Feb 1, 2024

In Indiana, the length of time a county jail will hold an inmate for another county varies, but it typically ranges from 48 to 96 hours. This time frame allows the other county to arrange transportation and pick up the inmate. However, specific procedures and time limits may differ depending on the... View More

1 Answer | Asked in Arbitration / Mediation Law for Indiana on
Q: I’ve read that it is almost impossible to overturn an arbitration. However, I need to try. What can I do?

I had a company do a free inspection of my basement. They said all I needed was some supporting equipment. I followed their advice. A contract was signed for them to install some supports. The cost was $15,000. A short time later I discovered that there were serious structural issues that... View More

Tim Akpinar
Tim Akpinar
answered on Feb 1, 2024

An Indiana attorney could advise best, but your post remains open for a week. Depending on the arbitration forum, there could be provisions for appeal (American Arbitration Association arbitrations generally contain this provision). But the grounds for appeal could be narrow, and the deadline to... View More

1 Answer | Asked in Civil Litigation for Indiana on
Q: Can I have a car on my property towed to someone else’s house? It is not my car, I know whos car it is.

He is not responding to me, I know where he is staying at.

James L. Arrasmith
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answered on Jan 28, 2024

Towing a car that does not belong to you to another person's property without consent can lead to legal issues. Even if the car is on your property, you generally don't have the right to move it to another private property without the car owner's permission.

Your first step...
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1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Indiana expunction and firearms rights

In 2022 I was granted I.C. 35-38-9-4 expunction for dealing meth. My FBI criminal history as of 12-12-23 shows A SEARCH OF THE FINGERPRINTS PROVIDED BY THIS INDIVIDUAL HAS REVEALED NO PRIOR ARREST DATA AT THE FBI. Indiana's criminal history report shows my dealing charge with EXPUNGEGED.... View More

James L. Arrasmith
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answered on Jan 28, 2024

Based on the information provided, it seems there may be an erroneous denial of your firearm rights by the FBI. A few key points:

- Indiana Code 35-38-9-4 expungement restores your rights, including firearm rights, as you would be considered a "proper person" under state law. This...
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1 Answer | Asked in Tax Law for Indiana on
Q: My daughter was killed in MVA 10/3/23, granddaughter is 3, dad isnt in pic, how do I file her taxes
James L. Arrasmith
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answered on Jan 26, 2024

I'm truly sorry to hear about your loss. In terms of filing taxes for your granddaughter, there are a few key points to consider. First, if you have legally adopted your granddaughter or are her legal guardian, you may be able to claim her as a dependent on your tax return. This depends on... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Indiana on
Q: Can police use their blind bar on car while driving to get probable cause for a stop?

Police car followed me used overhead light bar to blind into a curve from behind then used that as probable cause for a stop.

James L. Arrasmith
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answered on Jan 26, 2024

No, it is generally not legal for police to use their blinding overhead lights solely as a pretext to establish probable cause to pull someone over.

The use of blinding lights could only be justified if the officer already had an articulable reasonable suspicion that a traffic violation or...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Indiana on
Q: My package is lost, the property manager sign for it.

Landlord shall not be liable for theft, loss, damage or destruction of personal property, damage arising from the acts or negligence of other residents, the elements, or damages arising from acts or occurrences over which it has no control.

Resident agrees that Landlord shall not be liable... View More

James L. Arrasmith
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answered on Jan 24, 2024

In your situation in Chesterton, Indiana, where a package was lost after being signed for by your property manager, the terms of your lease agreement as you've described them indicate that the landlord typically is not liable for lost or stolen personal property. This includes situations where... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Victim of a crime drugged unknowingly charged with crime OWI
T. Augustus Claus
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answered on Jan 24, 2024

Firstly, gather any evidence or information that supports your claim of being unknowingly drugged. This may include witness statements, medical records, or any other relevant documentation.

Next, contact a criminal defense attorney in Indiana. Provide them with all the details surrounding...
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1 Answer | Asked in Immigration Law for Indiana on
Q: Can I enter the US on a Visa Waiver Program, marry in the US and leave after 90 days and have my spouse file for CR-1?

Can I enter the US on a Visa Waiver Program, marry my boyfriend (US-Citizen) in the US, and then leave the US after 90 days while my spouse files for CR-1 so we can get my immigration process started? Or will this be fraudulent? Otherwise, we have been thinking about marrying in Denmark instead.... View More

James L. Arrasmith
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answered on Jan 24, 2024

Entering the U.S. on the Visa Waiver Program (VWP) with the intent to marry and then leave within the 90-day period is generally permissible, as long as you genuinely intend to leave the country within the allowed timeframe. After leaving, your U.S. citizen spouse can indeed file for a CR-1 visa... View More

1 Answer | Asked in Federal Crimes and Banking for Indiana on
Q: What to file motion to set aside judgement on inheritance property HELOC was fraud , bank wanted cover up. default judge

Urgent bc writ to assist not to get out when I paid up all

James L. Arrasmith
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answered on Jan 23, 2024

If you're facing a situation where a default judgment has been entered against you regarding an inheritance property and a Home Equity Line of Credit (HELOC) that you believe was fraudulently obtained, taking swift legal action is important. To challenge this judgment, you would typically file... View More

1 Answer | Asked in Tax Law for Indiana on
Q: My student loan was forgiven in 2023 under IDR adjustment. Effective date was 2017. Will IN still tax it?

F. Student Loan Debt Discharge

Under Section 9675 of the American Rescue Plan Act of 2021, student loans discharged

between Jan. 1, 2021, and Dec. 31, 2024, inclusive, are excluded from federal gross income

under IRC § 108(f)(5). Under IC 6-3-1-3.5(a)(30), student loans... View More

James L. Arrasmith
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answered on Jan 22, 2024

Regarding your student loan forgiveness in Indiana under the IDR (Income-Driven Repayment) adjustment, it's important to understand how state tax laws apply. The American Rescue Plan Act of 2021 exempts forgiven student loans from federal income tax between January 1, 2021, and December 31,... 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 Adoption, Constitutional Law and Family Law for Indiana on
Q: If a parent is in police custody and agrees to sighn over rights,what motion should be filed
James L. Arrasmith
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answered on Jan 17, 2024

In Indiana, if a parent in police custody agrees to sign over their parental rights, the appropriate legal action would be to file a petition for involuntary termination of parental rights in the appropriate family court. This petition is typically filed in the county where the child resides.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: If I'm not fully lucid after being woken up suddenly by an officer and he gets my consent to search, is it lawful?

My fiance was sleeping in her car after a 17 hour shift, she parked in a legal parking spot to take a nap in order to avoid trying to drive while sleep deprived. According to a lawrenceburg, IN policeman. Someone had called the police worried about her welfare. The officer rudely and violently beat... View More

James L. Arrasmith
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answered on Jan 16, 2024

Based on the details provided, there are good arguments that the search was not lawful due to your fiance's diminished mental capacity when she supposedly consented. A few key points:

- Consent searches require voluntary, knowing, and intelligent consent. If the person is not fully...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can a detective record our conversation in my home without my consent in Elkhart,Indiana?
James L. Arrasmith
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answered on Jan 16, 2024

I do not have enough information or context to definitively state if a detective can record a conversation in a private home without consent in Elkhart, Indiana. However, here is some general information about recording laws in Indiana:

- Indiana is a "one-party consent" state...
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1 Answer | Asked in Immigration Law for Indiana on
Q: Can my employer still file i129 F1 opt cap gap extension for me or how can they keep me in status while still working?

I am a BSN RN on OPT, with F1 status and I have an approved i140 through my employer with priority date of Dec 2023. My OPT EAD will expire before my PD becomes current(Africa). I have a permanent job with my employer, but I won't be able to extend my EAD since Nursing isn't classified as... View More

James L. Arrasmith
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answered on Jan 15, 2024

Under the current regulations, the F1 OPT cap-gap extension is typically available to students who are beneficiaries of a timely filed H-1B petition and are selected in the H-1B lottery. This extension bridges the gap between the end of your OPT and the start of your H-1B status, but it's... View More

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Next fall our festival wants to do a Yellowstone national Park theme and use yogi bear crew as mascs. Can we

We would like to do memes on our Facebook page through the year encouraging events. And have props during festival.

We do a special edition shirt each year of 100 if possible would also like to include yogi with ours& Yellowstone parks in the print

James L. Arrasmith
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answered on Jan 14, 2024

Using Yogi Bear and his crew as mascots for your festival, especially in conjunction with Yellowstone National Park, requires careful consideration of intellectual property rights. Yogi Bear is a copyrighted character owned by Hanna-Barbera, now part of Warner Bros. Entertainment. Therefore, using... View More

1 Answer | Asked in Immigration Law for Indiana on
Q: I am a United Kingdom citizen with an ESTA visiting my US citizen girlfriend want to get married now

Is it possible to get marry while I am in the USA now on an ESTA (Electronic System for Travel Authorization)

James L. Arrasmith
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answered on Jan 14, 2024

Yes, you can get married in the United States while visiting on an ESTA. The ESTA allows you to enter the U.S. for tourism, business, or while in transit, and getting married falls under personal activities allowed during your stay.

However, you should be aware that the ESTA does not change...
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