Jeffery Michael Haupt’s Answers

Jeffery Michael Haupt

South Bend Expungement Attorney.

Contributor Level 14
  1. If i get pulled over for OWI, will i be charged with no BAC level present?

    Answered over 2 years ago.

    1. Jeffery Michael Haupt
    2. Jorge Luis Rodriguez
    2 lawyer answers

    It is very likely that you could still get charged. By refusing the breathalyzer you have not eliminated a possible OWI charge. If the officer(s) had probable cause to assume that you were intoxicated this would likely be enough to charge you with an OWI. Moving forward at a trial setting the State would have to show (usually through officer testimony) that you were intoxicated. Some of the things that typically come in are the officer's experience in recognizing signs of intoxication; such...

    4 lawyers agreed with this answer

  2. Is child support mandatory in indiana in an instance of joint legal and joint physical custody in a divorce?

    Answered over 2 years ago.

    1. Jeffery Michael Haupt
    1 lawyer answer

    Submitting a child support worksheet is "mandatory" in most family law cases. Even in a joint custody situation you may still end up with a situation where one spouse has to pay child support due to the difference in incomes. If you are representing yourself in a divorce you can go to the Indiana Self-Help Legal Center's website and they have a child support calculator online that can give you a good idea of what could be ordered. Remember, a court can always deviate from a worksheet as well.

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  3. Can a hospital charge you interest on an unpaid medical bill?

    Answered almost 5 years ago.

    1. Jeffery Michael Haupt
    2. Eric L. Strom
    2 lawyer answers

    Yes, if it is a payment plan that you set up with them, they can do it. On the flipside if you didn't pay the bill, then they could get attorneys fees and costs for collecting a judgment against you, which would likely be much higher than the interest that they are going to charge you. You can ask them what the annual percentage rate is for the interest amount and see if it would be better to borrow the money or to just use the hospital payment plan.

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  4. Hello, first dui was 2011 second was 2014 what will happen.

    Answered 9 months ago.

    1. Jeffery Michael Haupt
    2. David Lawrence Joley
    3. Ethan Patrick Meaney
    4. Matthew Scott Schoettmer
    5. Julia E. Simmons
    5 lawyer answers

    If this happened in Porter County, the prosecutor is going to take a tougher stance than they would with a first OWI, and could quite possibly be charged as a felony. You also need to be aware that the criminal defense laws in Indiana have changed quite a bit recently, so you should definitely seek the advice , of counsel.

    3 lawyers agreed with this answer

  5. Dad was given 3 overnights/week in settlement but has kids 1/week for overnight. How long before I can ask for more $?

    Answered 9 months ago.

    1. Jeffery Michael Haupt
    1 lawyer answer

    From a technical standpoint the statute under Indiana law indicates that there has to be a time period of 12 months that have passed since the last order was entered. However, there is also language that says, "or a substantial change in circumstances has occurred." I think it would be at least a valid argument to raise, however when arguing under the substantial change in circumstances part of the statute the decision to modify support will be primarily up to the Court.

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  6. Can a court subpoena a child to give a deposition? The child is 12 years old and witness to a domestic violence situation

    Answered almost 2 years ago.

    1. Jeffery Michael Haupt
    2. James Donald Garrett
    2 lawyer answers

    If the child was a witness to a crime, or the Prosecutor believes that their is a good case against the Defendant. the Prosecutor can file a subpoena for the child (witness) to appear at a deposition. Under Indiana law, Domestic Battery is typically charged as a Class A Misdemeanor; however, it can become a felony if the battery occurred in front of a person under the age of sixteen (16). Even though the question does not state what level of Domestic Battery has been charged, my guess is...

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  7. What if mother and child don't show up for a court ordered DNA test that mother petitioned?

    Answered over 2 years ago.

    1. Jeffery Michael Haupt
    2. Bruce S Gordon
    2 lawyer answers

    It depends on several factors. If this was a case filed by the Title IV-D (Child Support Office) then they have the right to continue pursuing the case even without the cooperation of the mother. The child support office could be involved in the case if the mother had received certain types of public assistance. If she filed the case privately and is not pursuing it, then you could ask that the case be dismissed for her "failure to prosecute"

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  8. My ex fiancé and I broke up. Our son is 4 months old. My ex works construction and is off about 5-6 months a year.

    Answered over 2 years ago.

    1. Jeffery Michael Haupt
    2. Michael J Corbin
    2 lawyer answers

    Indiana does have what is referred to as the "right of first refusal," which in simple terms means that the custodial parent has to offer the non-custodial parent the right to have parenting time instead of having the child be at a day care. Now courts are aware of the fact that many good day cares have waiting list that could be interrupted if the child is on and off day care due to the right of first refusal. You should consult with an attorney as to the specifics of your case.

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  9. What to do about visitation and custody

    Answered 8 months ago.

    1. Jeffery Michael Haupt
    2. John Anthony Molloy III
    3. Dawn M. Boyd
    4. Benji Julie Algase
    4 lawyer answers

    If there is no visitation order, then you are not going to be in violation of any court order in terms of not letting your son see his father. The problem that this creates is that if the father does decide to pursue action you'll have to deal with this and I m pretty sure that he will bring up the fact that he asked you for visitation, but that you denied this request.

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  10. What happens for a defendant if a case status is "service returned not served" but a court date is still scheduled?

    Answered 9 months ago.

    1. Jeffery Michael Haupt
    1 lawyer answer

    If the court finds that there is no service on a defendant, the Court will likely find that it has no jurisdiction over the defendant. Usually, the Court or the Clerk will give a new date and you will have to serve an Alias Summons or Alias Notice depending on what you are trying to do.

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    1 person marked this answer as helpful