Indiana Recent Legal Answers from Lawyers

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Indiana Recent Legal Answers from Lawyers
Page 14 of lawyers' answers to legal questions about Indiana.

Recent Legal Answers

I got caught going 90 in a 55 zone, will I be brought up on reckless driving charges?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Traffic Violations
Up to the offcier and prosecutor.  It is not automatic.  Hire an attorney, never just pay the ticket. 
Up to the offcier and prosecutor.  It is not automatic.  Hire an attorney, never just pay the ticket. 

Is it possible to get my license back after a lifetime suspension?...and what do I have to do to get it

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Traffic Violations
See an attorney about Specilalized Driving Privileges which may allow you to drive under certain conditions. 
See an attorney about Specilalized Driving Privileges which may allow you to drive under certain conditions. 

I got fired from my job

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
That should not violate your parole but it depends on your specific conditions. 
That should not violate your parole but it depends on your specific conditions. 

I get scammed online, they take from me a very big amount of money. Who should I contact with?

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Automobile Accidents
Contact your local poilce department.  However, if the sale was over the internet may be hard to move forward.  
Contact your local poilce department.  However, if the sale was over the internet may be hard to move forward.  

How can I turn myself in and not go to jail for a revokation of probation with warrent.

Answered 8 years and 5 months ago by Michael D. Babcock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Parole and Probation
Depends on the nature of the warrant and the reason for the alleged violation.   An attorney may be able to assist in working out an arrangemnt where you turn yourself into open court and move forward from there or even get the warrent recalled.  You need an attorney. 
Depends on the nature of the warrant and the reason for the alleged violation.   An attorney may be able to assist in working out an... Read More

Can same sex couples put both their names on a birth certificate?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
Not as biological couples can at the time of a child's birth, but an adoption process can result in the same thing.
Not as biological couples can at the time of a child's birth, but an adoption process can result in the same thing.
You can't file a charge. Only the prosecutor can. You can report the information anytime you want. The longer you wait, the less likely it is that criminal charges will be brought.
You can't file a charge. Only the prosecutor can. You can report the information anytime you want. The longer you wait, the less likely it is that... Read More

What can I do so my husband get the help that he needed instead of jail time?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Law
Talk to an attorney about guardianship or possibly filing commitment papers yourself.
Talk to an attorney about guardianship or possibly filing commitment papers yourself.

Will I go to jail for 2nd theft if the first case was dismissed?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Law
You probably can't just get it dismissed. Most prosecutors won't offer a second diversion, but you can always ask.
You probably can't just get it dismissed. Most prosecutors won't offer a second diversion, but you can always ask.

I received porn related text messages from my supervisor at work. I threatened them by saying i wonder what corporate would think. I was fired

Answered 8 years and 6 months ago by Mr. Christopher Edward Clark (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Labor and Employment
Dear Anonymous,   I would assume that your employer had a policy that prohibited your supervisor from sharing pornographic texts.  When you spoke up and threatened to report your supervisor, he retaliated by taking an adverse employment action against you.  Although you did not report the texts to anyone, you may still have a case, as it was a supervisor who was engaging in the prohibited conduct.  A corporation can be held vicariously liable for the actions of its managers, even if it can show that it had no knowledge of what the manager was doing.  I would recommend that you file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).  There are time limitations for filing a Charge, so you should act immediately.  You cannot sue your employer without first filing a charge with the EEOC.  If you have questions about filing a charge of discrimination or the EEOC process, please feel free to contact me for a free consultation.   Very truly yours,   Chip Clark ... Read More
Dear Anonymous,   I would assume that your employer had a policy that prohibited your supervisor from sharing pornographic texts.  When... Read More

Can wrong details throw out a criminal case?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Law
No, not unless they really arrested the wrong person due to that. Usually, it is a typo.
No, not unless they really arrested the wrong person due to that. Usually, it is a typo.

What can be done if aunt won't open will and it's been almost 2 years?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
If you mean that Aunt won't open an estate where a will exists, than contact an attorney in your community about opening an estate and requiring the aunt to turn over the will (assuming has it). If you are an heir, than it will be worth spending the money to do this.
If you mean that Aunt won't open an estate where a will exists, than contact an attorney in your community about opening an estate and requiring the... Read More
If you mean a negligent mistake committed while the paralegal was acting within the scope of his/her employment, and which caused damages to a client, yes.
If you mean a negligent mistake committed while the paralegal was acting within the scope of his/her employment, and which caused damages to a... Read More

Threat of termination for no flu shot

Answered 8 years and 6 months ago by Mr. Christopher Edward Clark (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Termination
Dear Anonymous,   In Indiana, employers are entitled to require employees to get flu shots.  Since Indiana is an "at-will" employment state, an employee that refuses to be vaccinated can be terminated, with some limited exceptions.  For example, if your objection is based on deeply held religious convictions, you may have an argument that your employer is engaging in religious discrimination, by requiring you to get the shot.   Chip Clark... Read More
Dear Anonymous,   In Indiana, employers are entitled to require employees to get flu shots.  Since Indiana is an "at-will" employment... Read More

I was terminated from my job of 6 months because I could not physically do 5% of the job. I was told that I did not tell them I was disabled.

Answered 8 years and 6 months ago by Mr. Christopher Edward Clark (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Labor and Employment
Dear Mr. Ransom,   It is possible that your employer has discriminated against you in violation the Americans with Disabilities Act (“ADA”), and/or the ADA Amendments Act of 2008 (“ADAAA”).  In order to determine whether or not you may have a claim against your employer, I would need to get some additional information from you about your disability, the specific job requirements, and whether your employer engaged in a interactive dialogue with you to try to reach a reasonable accommodation for your disability.  You can contact me for a free consultation by calling (317) 843-2606.     Best,   Chip Clark  ... Read More
Dear Mr. Ransom,   It is possible that your employer has discriminated against you in violation the Americans with Disabilities Act... Read More

let go for attendance. shown that due to schedule changes, was charged wrong. did not receive all final pay & vacation balance. Can anything be done?

Answered 8 years and 6 months ago by Mr. Christopher Edward Clark (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Labor and Employment
Dear Anonymous,   It sounds like you may have a claim for unpaid wages.  If the amount is more than $30 but less than $6,000 you can file an online wage claim through the Indiana Department of Labor.  Here is a link to their online wage claim form.   Best,   Chip... Read More
Dear Anonymous,   It sounds like you may have a claim for unpaid wages.  If the amount is more than $30 but less than $6,000 you can file... Read More

What remedies can he pursue when I don't make the payments?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Divorce
The sentence regarding the house and 50% does not make any sense as written; you might want to report that section after proofreading it if you want to know something about that. If you would fail to make payments as ordered, if your husband would have to pay them, he could pursue you for the loss, including attorney fees. Ultimately you can be held in contempt if you refuse to pay when you have the ability to do so. The ability here is clearly the question.... Read More
The sentence regarding the house and 50% does not make any sense as written; you might want to report that section after proofreading it if you want... Read More

Can police use somebody's hearsay to convict you?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Criminal Law
That would be a yes.
That would be a yes.

Such after towed without arrest

Answered 8 years and 6 months ago by attorney Chase T Wilson   |   1 Answer   |  Legal Topics: Automobile Accidents
Police are allowed to conduct what's called an "inventory search" once they've impounded a vehicle. If you were driving without insurance and no one else with insurance was available to drive then they are permitted to impound your vehicle. 
Police are allowed to conduct what's called an "inventory search" once they've impounded a vehicle. If you were driving without insurance and no one... Read More
Small claims courts are generally lenient about rules of evidence.  If you can't bring your phone into the couirtroom, would record the voicemails onto a tape recorder and hope the court allows you to play them.
Small claims courts are generally lenient about rules of evidence.  If you can't bring your phone into the couirtroom, would record the... Read More

Would it be considered ex parte communications if I wrote a letter to the court?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
1. Get the money to hire an attorney. 2. Contact legal services to see if you qualify for a pro bono lawyer. There is no way for me to tell you that doing this himself will get him the relief he wants. (No, you shouldn't do anything...this is up to him to handle).
1. Get the money to hire an attorney. 2. Contact legal services to see if you qualify for a pro bono lawyer. There is no way for me to... Read More
The visa has nothing to do with this. If you both signed the lease, you can both live there until a divorce court says otherwise.
The visa has nothing to do with this. If you both signed the lease, you can both live there until a divorce court says otherwise.

Can they take the home due to medical bills?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Estate Planning
If you mean your brother's bills, then yes, he could be sued and a judgment placed against the house which would ultimately force sale of the house. If you are talking about an insurance or Medicare/Medicaid lien, you need to sit down and talk to an attorney in your community who deals with elder law issues to discuss ways to avoid this from happening.... Read More
If you mean your brother's bills, then yes, he could be sued and a judgment placed against the house which would ultimately force sale of the... Read More

How much contingency fee must an attorney get?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Personal Injury
It is actually illegal for an attorney to finance your case, i.e. give you money for expenses etc. to prompt a case to be pursued. So this agreement is fairly standard. Having said that, our firm has never had a client pay the full share of such costs, and no money is spent for which a client might have to bear responsibility after a lost case without obtaining approval from the client of the expenditure. You should ask your attorney more questions about what is intended here to try to clear up any confusion.... Read More
It is actually illegal for an attorney to finance your case, i.e. give you money for expenses etc. to prompt a case to be pursued. So this agreement... Read More

What is the likelihood of jail time if I was arrested for an OWI and my BAC was over 0.15?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: DUI/DWI
This varies from county to county and court to court. Talk to a criminal lawyer in the community where you were arrested to get a good answer to this question.
This varies from county to county and court to court. Talk to a criminal lawyer in the community where you were arrested to get a good answer to this... Read More