Indiana Recent Legal Answers from Lawyers

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486 legal questions have been posted about by real users in Indiana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Indiana Recent Legal Answers from Lawyers
Page 12 of lawyers' answers to legal questions about Indiana.

Recent Legal Answers

Probation violation

Answered 8 years and 4 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Parole and Probation
You are looking at jail time and you continue to drink.   You need to take any treatment more seriously or get more involved treatment.  Also, hire an attorney asap.  
You are looking at jail time and you continue to drink.   You need to take any treatment more seriously or get more involved... Read More
Regarding the apartment, I hope you have renters insurance?  If so report to your carrier.  If not, send a certified letter to the landlord asap requesting the drying and informing if mold appears you will request to vacate.  Regarding the first collision, the time to take care of the issues was when you first took back the car.  You can take back to the body shop but they may now try to say the most recent collision caused any issues.   You can also get all paperwork from first repair and get a second opinion.  If you can get another shop to state what is wrong and was from first collision and not fixed you can report back to insurance to fix.   However, if you signed anything releasing them you may be precluded.  For second collision use your insurance if you have full coverage.  If not sue the neighbor.  ... Read More
Regarding the apartment, I hope you have renters insurance?  If so report to your carrier.  If not, send a certified letter to the landlord... Read More

I was hit by an uninsured motorist in Columbia City, IN on November 15, 2017 and will undoubtedly need an attorney.

Answered 8 years and 4 months ago by Michael D. Babcock (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Automobile Accidents
Get an attorney asap.  Don't speak with the other insurance company until you do.  Each day you don't have an attorney can damage your case.  A consult will cost nothing.  
Get an attorney asap.  Don't speak with the other insurance company until you do.  Each day you don't have an attorney can damage your... Read More

Does a lawyer that quit my case in the middle of a mediation have to recuse himself before I can hire another lawyer?

Answered 8 years and 4 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Automobile Accidents
He would have to withdraw at some point.  That can be done with the help of your new attorney.  You don't have to wait for him to withdraw before you meet with other attorneys.  
He would have to withdraw at some point.  That can be done with the help of your new attorney.  You don't have to wait for him to withdraw... Read More

Bail release

Answered 8 years and 4 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Hire an attorney asap. The owi can complicate insurance cause suspension of license etc.  Not to mention it is punishable by jail.   
Hire an attorney asap. The owi can complicate insurance cause suspension of license etc.  Not to mention it is punishable by jail.   

I have pending charges for possession and paraphernalia. Need to know what to expect next and how it can be resolved

Answered 8 years and 4 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Best to hire an attorney.  These charges can follow you for quite sometime if you plead guilty. Could effect school, job, drivers license etc.  Most prosecutor's will not negotiate a resolution without an attorney which means plead guilty or go to trial.  
Best to hire an attorney.  These charges can follow you for quite sometime if you plead guilty. Could effect school, job, drivers license... Read More

Do I Have to let Workmenโ€™s Comp. nurse go in to my doctor appointment

Answered 8 years and 4 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Workers Compensation
The Nurse case manager can go to the appoitnment but you do not have to let him/her in the doctor's office with you.  The NCM's job is to be a middleman between doctor/you/insurance co.    They can gather information but you have right to privacy in the docotr's office.   ... Read More
The Nurse case manager can go to the appoitnment but you do not have to let him/her in the doctor's office with you.  The NCM's job is to be a... Read More

Do I have a Case

Answered 8 years and 4 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Possibly.  Much more is needed as medical malpractice cases are very complex.   You need to get all medical records together and meet with an attorney.  It may help to ask current cardiologist if the lack of medicine and care in nursing home led to stroke.  Bottom line was it avoidable?... Read More
Possibly.  Much more is needed as medical malpractice cases are very complex.   You need to get all medical records together and meet... Read More
SOCIAL SECURITY ADMINISTRATION REQUIRES YOU TO BE EARNING NO MORE THAN $1,170 A MONTH IN ORDER TO APPLY FOR DISABILITY BENEFITS.    Are you currently working full or part time? 
SOCIAL SECURITY ADMINISTRATION REQUIRES YOU TO BE EARNING NO MORE THAN $1,170 A MONTH IN ORDER TO APPLY FOR DISABILITY BENEFITS.    Are... Read More

My brother paid for our fathers funeral and now wants to sue us.

Answered 8 years and 4 months ago by attorney Bruce Robins   |   1 Answer
Anybody can sue anybody for anything, but your brother (except for the time that has elapsed, which may mean that the statute of limitations has run) seems to have a pretty good case.  Most contracts do not require a writing to be enforceable.  As you describe it, the rest of you breached your contract to share the funeral expenses.... Read More
Anybody can sue anybody for anything, but your brother (except for the time that has elapsed, which may mean that the statute of limitations has run)... Read More

What is the law when during a traffic stop for non use of a turn signal turns into a criminal case after the fact no body has warrants.

Answered 8 years and 4 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
If the officer had reasonable suspicion to believe illegal activity (ie smell of marijuana) can detain for investigation.  However, the stop can't last any longer than a normal traffic stop.   So depending on why the officer felt there was reasonable suspicion and how long it took to get the dog there and do it sweep it may or may not have been proper. ... Read More
If the officer had reasonable suspicion to believe illegal activity (ie smell of marijuana) can detain for investigation.  However, the stop... Read More

What is most likely to happen?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
He SHOULD NOT attempt any resoltuion without an attorney!  As far as what can happen there are many factors that need to be considered which is why he needs an attorney.  Hire private counsel or ask for public defender. 
He SHOULD NOT attempt any resoltuion without an attorney!  As far as what can happen there are many factors that need to be considered... Read More

can a dr cancel a script he wrote and seen me for in april, when i try to fill it now in november?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Potentially yes.  Now the doc must see you within a certain amount of time before a new script can be written.  The doc may have cancelled because of that.  Speak with your doc. 
Potentially yes.  Now the doc must see you within a certain amount of time before a new script can be written.  The doc may have cancelled... Read More

can plea agreements be changed if you find your lawyer failed to provide evidence that could free you ?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Normally a plea can not be changed because you think it should have been better.  The time to argue that is before you sign and enter it.  If the State failed to give you evidence they had before the plea then that might be different.  Speak with an attorney
Normally a plea can not be changed because you think it should have been better.  The time to argue that is before you sign and enter it. ... Read More

Had a auto accident along wit a owi

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
David, An Attorney can help you with the underlying OWI charge and the suspensions.  You can be suspended before and after any conviction.  Depending on if you took the breath test, have any priors etc the suspension can be from 90 days to 2 years.  Possibly more if you have mutlipe prior convictions.   Speak with an attorney asap. ... Read More
David, An Attorney can help you with the underlying OWI charge and the suspensions.  You can be suspended before and after any... Read More

Can I go to jail?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
You must go.  No matter what happens it will be worse if you fail to appear.  I woud suggest you get an attorney asap.  If your probation is revoked you could have to serve the remainder of any suspended sentence. 
You must go.  No matter what happens it will be worse if you fail to appear.  I woud suggest you get an attorney asap.  If your... Read More

Can my wife have a handgun if I am a felon?

Answered 8 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Law
Yes. The problem is that her possession of in, let's say, the dresser you both put your clothes in, or on the top shelf of a closet you both put your clothes in, may also make a jury think that YOU are in possession of it.
Yes. The problem is that her possession of in, let's say, the dresser you both put your clothes in, or on the top shelf of a closet you both put your... Read More
No, you can't go to jail for that.
No, you can't go to jail for that.

what type of attorney would I need for a case where my car seating heating element is burning my skin

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Any personal injury attorney could handle this matter.  The question is if you want to pursue.  An attorney would need to know the facts regarding how you were injured.  Was there a malfunction etc?  Also, what are the nature of the burns.  If they were minor burns (i.e first degree) then you may not want to pursue.  Speak with an attorney.  ... Read More
Any personal injury attorney could handle this matter.  The question is if you want to pursue.  An attorney would need to know the facts... Read More

I live in Indiana and I had a driving while suspended when I lived in Florida. How much on average do you charge to file for Expungement?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Expungements
Correct, any request for expungement has to be filed in the State where the crime took place.  Call some Florida attorneys.  
Correct, any request for expungement has to be filed in the State where the crime took place.  Call some Florida attorneys.  

Do I need a lawyer if I bonded out of jail?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
You most certainly need a lawyer.  If you had to bond out this is a jailable offense.  If not handled properly you can lose certain freedoms and rights.  What the judge probably said was that he/she was enetering an initial plea of not guilty.  That just means that currently you have not admitted to the charges but you still have to answer to them.   Speak with an attorney asap.   ... Read More
You most certainly need a lawyer.  If you had to bond out this is a jailable offense.  If not handled properly you can lose certain... Read More

Fired for not disclosing prescription after on the job injury drug test?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Termination
First, you have a worker's compensation case and should speak with an attorney for that matter asap.  Second, to determine if you have a claim for the termination will require more facts.  Unless you are employed under certain terms (contract), Indiana is an employee-at-will state.  You can be terminated for any reason as long as it was not solely discriminatory (i.e. age, race, gender, disability).  ... Read More
First, you have a worker's compensation case and should speak with an attorney for that matter asap.  Second, to determine if you have a claim... Read More

What should I do to remove a theft misdemeanor case back in 2014 from my record?

Answered 8 years and 5 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Law
There is nothing you can prior to the expungement period passing except get a pardon from the Governor.
There is nothing you can prior to the expungement period passing except get a pardon from the Governor.
I am sorry to hear of your injury.  In Indiana if you are injured on the job the employer (the ins carrier) has 3 obligations.  To pay for medical treatment (but they get to control who you see), pay 2/3 of your avergae wage if a doctor says you can not return to work and potentially a settlement after treatment is complete for any continued loss of function, if any.  Though their obligations are know it is common to have issues while on work comp, as you have seen.  The carrier is often more concerned about cost than your well being.  I would suggest speaking with a work comp attorney asap.  Also, if a third party is responsible for your injury you have a seperate claim as well. ... Read More
I am sorry to hear of your injury.  In Indiana if you are injured on the job the employer (the ins carrier) has 3 obligations.  To pay for... Read More

Can a police officer arbitrarily handcuff and arrest someone without cause and without giving miranda rights?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer
An officer needs reasonable suspicion to stop you and probable cause to arrest.  If there is no probbale cause and you are arrested a good attorney can get the charge dismissed.  Miranda rights are only necessary if you are under arrest and being questioned.  If the miranda warning is not given that does not invalidate the arrest it would invalidate any information learned in questioning.  ... Read More
An officer needs reasonable suspicion to stop you and probable cause to arrest.  If there is no probbale cause and you are arrested a good... Read More