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1 Answer | Asked in Criminal Law for Indiana on
Q: Can someone explain if it's a real crime to pose as a law enforcement officer? Difference between pose/impersonating?

My ex boyfriend is stalking & harassing me. He sent me a pic on my cell phone of himself wearing a shirt that clearly has the DEA patch or logo on it. He then tried to tell me he's a DEA agent and I'm going to down in a major drug investigation. He knows I was smoking weed (?) Now... View More

James L. Arrasmith
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answered on Feb 21, 2024

Posing as a law enforcement officer is indeed a real crime, and it is known as impersonating a police officer. The key difference between posing and impersonating lies in the intent behind the action. Posing typically refers to presenting oneself as something they are not, while impersonating... View More

1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: Is there a statute of limitations on auto accident lawsuits in Indiana?
Charles Candiano
Charles Candiano
answered on Feb 14, 2024

Suit MUST be filed on or before the 2nd anniversary of the accident or your 20th birthday, whichever occurs later. The Statute can be tolled by mental infirmity but you need to seek the guidance of an experienced personal injury attorney with all relevant details.

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: What are my rights in Indiana if my dad wasn’t able to include me to his Will before his death.

I found my dad in 2019 through 23 and me. He and I built a lovely relationship for four years before his death and he acknowledged me as his kin. He had no other children. He did establish A Will in 2016 leaving it for his two sisters. Unfortunately he did not update his Will to include me before... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Indiana, if your father did not update his will to include you before his death but acknowledged you as his child, you may have rights under the state's intestacy laws, which come into play when someone dies without a will or without including an heir in their will. Since your father had no... View More

Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

James L. Arrasmith
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answered on Feb 24, 2024

Differentiating between the statute of limitations and statute of repose can be crucial in legal matters like yours. The statute of limitations sets a time limit for filing a lawsuit after an injury or harm occurs, while the statute of repose imposes an absolute deadline, typically based on the... View More

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Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Indiana, determining whether a claim is governed by a statute of limitations or a statute of repose depends on the specific nature of the claim. The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated, while the statute of repose limits the... View More

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2 Answers | Asked in Child Custody, Civil Rights, Family Law and Health Care Law for Indiana on
Q: I have attempted to complete treatmentfor my addiction only to be medically discharged to return the be discharged again

I'm intentionally being discriminatied against this a on going iusse with dcs. Hinding my progress my attorney will not help mor do his job

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a challenging situation with your treatment for addiction and experiencing discrimination from DCS. It's essential to document all instances of discrimination and keep detailed records of your treatment attempts and any correspondence with DCS. If your... View More

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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Maintenance entered my unit without my consent. Is this considered a case? I did not give permission for entrance.
T. Augustus Claus
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answered on Feb 7, 2024

In Indiana, landlords and their agents (including maintenance staff) are generally required to provide tenants with reasonable notice before entering a rental unit, except in certain circumstances such as emergencies or when immediate entry is necessary to prevent damage to the property. The... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: First time level 6 felony , what amount of jailtime. Or can.probation be an alternative to jail.

Does rehab help lesson the punishment for a level 6 felony

Andrew L. Bennett
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Andrew L. Bennett
answered on Feb 6, 2024

A level 6 felony has a penalty range of 6 months to 2 1/2 years in jail or prison. However, the incarceration for the person can be suspended and placed on probation. Rehab will not lessen the penalty per se but is a mitigating factor in determining the appropriate sentence.

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

2 Answers | 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

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2 Answers | 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 9, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. You could look into whether your arbitration forum has provisions for appeals. But if appeals are permissible, that could be a short window of time, so it would pay to learn any applicable timetables sooner than... View More

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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

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