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1 Answer | Asked in Criminal Law for Indiana on
Q: Doesn't the search warrant require a notory to sign the warrant too and date it

This is for Indiana. I know that a bench warrant is issued there they must have a notorized warrant and wondering if same goes for search warrants to be valid

Brent T. Geers
Brent T. Geers
answered on Jun 2, 2022

You'd need to ask an Indiana attorney. But generally, search warrants are not notarized. Reason being is that they are often issued at odd hours of the night or weekends, and often when time is of the essence.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can my parole extend past my max out date
James A Hanson
James A Hanson
answered on Jun 2, 2022

It is possible for parole to extend beyond the maximum sentence date. Some offenses come with lifetime parole. The answer in your case will be dependent on the offense of conviction in your case and possibly specific facts associated with your performance while on parole.

You can ask you PO...
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1 Answer | Asked in Child Support for Indiana on
Q: Emancipation, Does child support terminate after the child graduates from college? Ex wife still wants money.

Porter county Indiana

James A Hanson
James A Hanson
answered on Jun 1, 2022

Standard child support ends when the child achieves the age of 19. Child support during the college years generally requires an additional order from the Court specifying how much each parent is to contribute to the cost of education.

You should review your child support order to see...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Soon to be ex scare tactics or?

Soon to be ex husband says his lawyer said he doesn’t have to prove me incompetent to get full custody just that he’s the better situation. In his mind he's the better situation because he's the money maker. I'm still however fully capable of taking care of my children and have... Read more »

James A Hanson
James A Hanson
answered on Jun 1, 2022

The fact that your ex has a lawyer only underscores the importance for you to retain an attorney and ask these detailed questions to that attorney in a confidential setting.

More generally, the legal standard in Indiana is the "best interests of the children" meaning that the...
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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Is it possible for a recording to be suppressed from evidence it has been edited by law-enforcement?

If an expert would verify that a criminal investigation recording has been edited by law-enforcement can it be suppressed or is that an issue that has to wait to go to trial? Thank you for your time.

James A Hanson
James A Hanson
answered on May 31, 2022

Great question.

If there is credible evidence that the recording has been manipulated, your attorney should file both a motion to suppress and a motion in limine.

The motion to suppress would argue that the evidence is inadmissible on several different grounds including fraud upon...
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1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: If I tell an officer he can't come in and search for someone without a warrant and he tries to get in my house anyway

Is that a crime

James A Hanson
James A Hanson
answered on May 31, 2022

Short answer: No.

The 4th Amendment protects you from unwarranted searches and seizures (subject to a truckload of exceptions that make it more holes than wall).

The remedy for a violation of the 4th Amendment is the exclusion of any evidence found or seized.

However, if you...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Didn't appear in court .arrested twice for less then a gram of meth what is the sentence for that .
James A Hanson
James A Hanson
answered on May 31, 2022

You wisely didn't provide a lot of detail. This is a conversation you should be having with your attorney.

Possession of small amounts of methamphetamine in Indiana is a Level 6 felony with an advisory sentence of 1 year, a minimum sentence of 6 months and a maximum sentence of 2 1/2...
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1 Answer | Asked in Criminal Law for Indiana on
Q: Is it illegal to not report and leave the scene o f an accidental overdose resulting in death?

The victim had consumed their own drugs. Persons in question gave the victim no drugs.

James A Hanson
James A Hanson
answered on May 31, 2022

The traffic code has a requirement to report accidents that occur, but that is for those involved in the accident. A hit-and-skip only applies to the person causing the collision.

In Indiana, there is a general requirement to report child abuse or neglect.

Otherwise, Indiana follows...
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2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Indiana on
Q: What can I do if my public defender is not doing her job? Also to make things WORSE she is lying and damaging my case.

She lied to the judge and told him that I wasn't coming to appointments.Which is a lie. I have video to prove it. The judge then told me what a good attorney she was i

her skills were so great so when I went to say something he shut me down and told me that I need to make myself... Read more »

James A Hanson
James A Hanson
answered on May 31, 2022

You have to remember that this is a Public Defender. You are entitled to court-appointed counsel if you qualify, but you are not entitled to pick the attorney who gets appointed. As long as the appointed attorney provides "effective assistance" as that term is defined by the Supreme Court... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: If they didn't catch me in the car how can they charge me with auto theft

They are going off what some body said but I never was in the vehicle

James A Hanson
James A Hanson
answered on May 25, 2022

Like many questions posted in this and other web forums, this question is one best discussed privately with an attorney where the conversation is privileged.

With that said, all the government is required to do is present sufficient evidence to firmly convince the jury of all the elements...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Indiana on
Q: Workplace mental health issue

I have a question: I was working at a local small government entity as a director. The outgoing director and I formed a strong friendship that ended with a emotionally charged discussion between us before they left. In the course of this discussion, the person said, “I hope you don’t hang... Read more »

Charles Candiano
Charles Candiano
answered on May 24, 2022

At the time of the comment, you are both acting in your official capacity so Worker's Compensation would be your sole remedy. That said, Indiana's Worker's Compensation law does not recognize psychological injury so I honestly do not see any viable cause of action. I would urge you... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Communications Law and Environmental for Indiana on
Q: How do I stop voice 2 skull
Charles Candiano
Charles Candiano
answered on May 24, 2022

This is NOT a legal question but a technical one. You need to identify the mechanism of transmission before any legal remedy is possible.

1 Answer | Asked in Traffic Tickets and Criminal Law for Indiana on
Q: What if any reason would a person keep getting tickets instead of going to jail if they were driving while suspended ?

In Indiana

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on May 24, 2022

It depends on the person's status with the BMV. IF they are suspended-infraction, then they will continue to get tickets and not criminally charged. Though, if they plead to one of the DWS tickets, the status will change to DWS-prior and the person could be arrested and criminally charged.

1 Answer | Asked in Employment Law and Personal Injury for Indiana on
Q: I was assulted and injuried by my manager at work what can i do.
Jason Reese
PREMIUM
Jason Reese
answered on May 23, 2022

You should consult an employment attorney right away regarding your rights under Indiana law. You may have claims against your employer and/or a worker's compensation claim for the injuries you sustained.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Indiana on
Q: Can a probation officer use an illegal search and Seizure Report in a psi and you be sentenced on it?

Ok let me add to this then so I can get a little more clarification. An illegal search and Seizure being detailed into a psi is not a violation of my 4th amendment right? Also bc I had marijuana on me in CA and it's legal and being in Indiana it is illegal this evidence enhanced my sentencing... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

During the sentencing phase of a case, the legal standard for the admission of evidence no longer follows the Rules of Evidence. Rather, the evidence only needs to have "sufficient indicia of reliability" which is a pretty low bar.

Hearsay, and even double-hearsay, is allowed....
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1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: How can someone be arrested for possession of narcotic and possession of meth f6 off one bag?

Bag was under 1g of powder and field test lightly as cocaine according to cops found in my mother's jeep after it was stolen and recovered but nothing ever searched in it so I drove it cause she let me and then cops find drugs in it. 2 f6 charges pending now

James A Hanson
James A Hanson
answered on May 22, 2022

You need to stay off of these websites and speak only with your attorney about these charges. From what you posted, there may be a defense in your case, but you could ruin your entire case by sharing details of your case publicly.

Talk with your attorney about the charges privately and work...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Indiana on
Q: I got a ticket for fictitious tags but the ticket states its a civil complaint&summons does that mean i have misdemeanor
James A Hanson
James A Hanson
answered on May 22, 2022

It sounds like you were cited with an Infraction.

Infractions (e.g. speeding tickets, parking tickets, etc.) are civil court matters involving the violation of a statutory rule or local ordinance. Infractions do not result in a criminal record.

If you had been charged with a...
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1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Can a probation officer release you early from probation, if you all your Fines and everything is completed?

Community service, fines, classes all finished. Low ranking to reoffend

James A Hanson
James A Hanson
answered on May 22, 2022

Technically, no.

Your probation officer is simply supervising your probation. The only entity that can release you from probation early is the Court that sentenced you.

You can discuss an early release with your probation officer. If your probation officer recommends early release...
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1 Answer | Asked in Family Law and Adoption for Indiana on
Q: My issue today is I just received legal papers requesting my permission for my daughter's father & wife to adopt my gra

I currently live in Texas and have been helping my daughter with her (currently 4yo) son since he was born, even though she lived in Oklahoma. I even kept her son in Texas for 6 months while she got on her feet. After the 6 months, she took her son to Indiana where she had her father & other... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

Your situation is complex and requires the dedicated attention of an experienced attorney.

You can be assured, however, that adoption is serious process with constitutional implications. Your daughter will have to be notified of any adoption proceedings and will have to be provided an...
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1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: How do I file a motion to consolidate my custody hearing for two children on two separate houses?

Both parent are attending eachother hearing in cahoots to alienate me from my child with various accusations. I would like to consolidate the cases so that I do not have to go from court to court, and can go to the same hearing and court for both children

James A Hanson
James A Hanson
answered on May 22, 2022

There are rules of procedure that make this theoretically possible, but it is not at all common in practice.

Your best bet would be to hire an experienced attorney who can put together a compelling argument for why the Court should at least consolidate the evidentiary hearings for the two...
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