So, three years ago i was evicted from my place of living, my ex landlord took me and my ex roommate to court, over backrent, i believe it was 2 months worth of backrent, we went to court the court issued a judgement . It's been 3 years, i wasnt ...
First thing, the only way you can be jailed for this situation is if you are ordered to come to court and you do not go. Even then, the arrest warrant would be a “body attachment” which means you are arrested only to be brought to court, and not as punishment for not paying. To avoid being arrested, make sure the landlord has your current address, so you don’t miss a summons or court date.
The landlord can keep bringing you back to court until you pay, or until the debt is discharged in bankruptcy.
If you are brought back to court, the summons should include warnings about exemptions you are allowed to claim to keep her from taking all of your assets. When you go to court, you should see if those exemptions apply to you, and ask the judge to apply them. Otherwise, you should answer all questions truthfully. You might be able to keep the landlord from dragging you back to court if you try to make small payments within your budget.
I know the age of consent is 16 in Indiana, but I have read conflicting reports on whether or not it is still considered statutory rape if an adult of legal age has sexual intercourse with a minor who has reached the age of consent. Some people sa...
The age to consent to sexual activity is normally 16 in Indiana. There are things that could happen in this relationship that are criminal. For example, making any sexual picture or video of the 16 year old female would violate the Child Exploitation law (Ind. Code § 35-42-4-4). If the 21 year old is in a special relationship with the 16 year old, such as a teacher or military recruiter, the older person commits Child Seduction under Ind. Code § 35-42-4-7. The laws for sex offenses can be found at Ind. Code § 35-42-4, available at http://iga.in.gov/legislative/laws/2014/ic/titles/035/articles/042/chapters/004/, if you want to check them.
Even if there is no illegal activity, the 16 year old is still subject to the rules her parents set for her, and they can prevent you from seeing her if they want.
I started this position in June of 2016 as office manager of a rheumatology practice. I have been paid monthy, at the end of each month. I have not received payment for November or December, and when I asked when the physician thought he would be...
Check the U.S. Department of Labor Wage and Hour Division website at https://www.dol.gov/whd/.See question
So my wife was dealing with a 3rd party vendor called Student Premier on her loans who in which was suppose to assist with consolidating her loans and lowering her Monthly payments. In the process they falsified her information in the application...
If the loan consolidation company charged you for their services, you probably have a claim against them, at least to get your money back. The problem is likely to be that the amount you paid is so small that most attorneys will be unwilling to help you. If you do enough research, you might be able to go to small claims court without an attorney. I suggest you first look at Indiana’s consumer protection statutes at Ind. Code 24-5-0.5, available at http://iga.in.gov/legislative/laws/2016/ic/titles/024/articles/005/chapters/0.5/.See question
I currently have a 2 month old daughter, and recieved court papers from her biological father wanting a paternity test (although I'm pretty sure his mother did all of it herself), (I'm also pretty sure she forged his siginture) I have no objection...
Grandparent visitation rights are laid out at Ind. Code 31-17-5, which is available at http://iga.in.gov/legislative/laws/2016/ic/titles/031/articles/017/chapters/005/. Although your child’s grandparents are allowed to seek visitation because the child was born out of wedlock, paternity must first be established. Once that condition is met, there is still a process the grandparent must go through, and you are allowed to make arguments against her visitation. The judge must make a decision based on what is in the best interests of the child. That means you should be able to have the judge restrict visitation to the grandmother with the father being prohibited from also visiting. In any event, you now have court papers, and it is a good idea to get help from an attorney.See question
I start home detention Monday January 9th, sentenced to 2 years executed. Will I be done in a year or a year and a half?
A person confined on home detention as a condition of probation receives credit as per IC 35-38-2.5-5(e) and (f), available at http://iga.in.gov/legislative/laws/2016/ic/titles/035/articles/038/chapters/2.5/. Additionally, a person confined on home detention in a community corrections program receives credit as per IC 35-38-2.6-6(b) and (c), available at http://iga.in.gov/legislative/laws/2016/ic/titles/035/articles/038/chapters/2.6/.
For those serving time in prison or in the local jail, the Indiana Supreme Court has a credit time calculator at https://public.courts.in.gov/CTCALC/.
Dealing in a schedule IV controlled substance-2007 Strangulation conviction -2012
Federal law prohibits a person convicted of a felony from possession a firearm. See 18 U.S.C. § 922(g), available at https://www.law.cornell.edu/uscode/text/18/922. Indiana law has the same prohibition at Ind. Code § 35-47-2-3(g)(1), available at http://iga.in.gov/legislative/laws/2016/ic/titles/035/articles/047/chapters/002/. Even with a felony conviction, you are not prohibited from possessing a firearm while on your own property, because the federal prohibition only applies to a firearm used in interstate commerce, and Ind. Code § 35-47-2-1(b) creates this special exception.
Your crimes could possibly be expunged under Indiana law, and that might restore your right to possess a firearm. See generally Ind. Code 35-38-9, available at http://iga.in.gov/legislative/laws/2016/ic/titles/035/articles/038/chapters/009/. You are not eligible for expungement until at least 8 years after your conviction, unless you have permission from the prosecutor, which is not normally given.
Your Strangulation conviction, however, poses its own special problems. If it involved serious bodily injury, it is more difficult to get an expungement. Even if it is expunged, it is likely a “crime of domestic violence” as defined by Ind. Code § 35-31.5-2-78, available at http://iga.in.gov/legislative/laws/2016/ic/titles/035/articles/31.5/chapters/002/, and would then subject you to the special gun license requirements of Ind. Code § 35-47-4-7, available at http://iga.in.gov/legislative/laws/2016/ic/titles/035/articles/047/chapters/004/#section-7.
In any event, if you have a great need to possess a firearm, you should consult with an expungement attorney.
I was forced to sign a guilty plea in Indiana. The way i was forced was I declined the first Plea Bargin that i was offered. I was told by the court that I would be notified of my next court appearance. I was not notified and when calling the Cour...
This sounds like your lawyer explained all your options and allowed you to choose. This does not sound like you were “forced” to take the plea. Instead, it sounds like you had several very bad choices from which to choose. The only possible issue I have is how your lawyer told you you would lose at trial. If s/he said you are likely to lose, that is very different from promising that you will lose. No lawyer knows the outcome of a trial before it happens, but many lawyers can make good guesses based on their experience and their analysis of the evidence they already know about.
In any event, Indiana has an option to overturn a guilty plea. You would have to file a petition for post-conviction relief. In that petition, you would have to show how you were not given a fair process in your case. One of your rights is to have a reasonably effective lawyer helping you. If your lawyer was “ineffective,” your constitutional right to a lawyer was violated. The problem with this challenge is that a lawyer is allowed to make some mistakes and still not be deemed “ineffective.” The appellate courts say you are entitled to a reasonably competent lawyer, not a perfect lawyer.
I was 17 when i got pregnant from my 19 year old boyfriend. i am now 18 and he is 20 and my parents want to charge him for rape.
All of Indiana’s sex crimes are defined at Ind. Code 35-42-4, which is available at https://iga.in.gov/legislative/laws/2016/ic/titles/035/articles/042/chapters/004/. In general, rape is where a person forces sexual intercourse on another person or where the other person was unable to consent to the sexual intercourse. Assuming you always consented to sex with your boyfriend, the only crime would be where you were too young to consent. The age of consent in Indiana is 16 under Ind. Code § 35-42-4-9. Even in that situation, if the person accused was not yet 18 years old, there would be no crime. No matter the age of the perpetrator, it is a crime to have sex with child under age 14. See Ind. Code § 35-42-4-3.See question
Friend is arrested on 2001 f 4 felony
Any charge based on 2001 events would be brought under the criminal code before the 2014 revisions. In any case there should be a five year statute of limitation for a level 4 felony or a class C or D felony under the old law. See Ind. Code § 35-41-4-2(a). Under Ind. Code § 35-41-4-2(h), the five years can be extended for time the defendant is hiding or out of state, or if evidence of the crime was hidden. Under Ind. Code § 35-41-4-2(i) the deadline is met if charges are brought. There are other extensions for crimes uncovered by DNA matching. You can find all of these laws at https://iga.in.gov/legislative/laws/2015/ic/titles/035/articles/041/chapters/004/.See question