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Guy Henry Haskell
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Guy Haskell’s Answers

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  • In the state of Indiana how many hours do they have to arraign me or take me to court for the first time

    I was arrested and was not taken to court and told my charges for 6 days is that legal

    Guy’s Answer

    Yes, the State has 20 days to hold an initial hearing, 10 days for an OWI.

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  • Will me and the defendant be arrested?

    I was subpoenaed as a witness against my friend in a small claims court. We both failed to appear. Will a body attachment be sent for both of us? I need to know so I can retain an attorney. It doesn't make sense to do it if I or us won't have a wa...

    Guy’s Answer

    Extremely unlikely. Certainly no reason to retain an attorney at this point. I would consider calling the court directly and ask if there are any repercussions, and maybe explain why you did not appear.

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  • Can my employer force me to go on maternity leave early?

    I live in Indiana and work at a subway franchise. I'm currently 6 months pregnant and my store manager asked me if i wanted to go on maternity leave early. I said that i could not afford to go on leave right now. Then without further notice he rem...

    Guy’s Answer

    Even in Indiana, which is medieval as far as it's worker protection laws are concerned, this is sex discrimination. It is important that you find an attorney to advise you who is knowledgeable in employment law. You might also consider calling the Subway legal department and report what your employer has done. It is possible that they may inform your employer of the illegality of what he or she has done.

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  • Dui to reckless

    Hi I got arrested for a dui and it got reduced to reckless driving class c misdemeanor in Indiana . What are the consequences for the immigration when I come back ? How long does it stay on my record. .

    Guy’s Answer

    Five years after your arrest for DUI, provided you have no further charges, you can petition the court to expunge your record, which means it is sealed, and only law enforcement can get access to it. This is not discretionary, which means the judge has to grant it if you have fulfilled all of the provisions. The law also says that, with the agreement of the prosecutor, you can file for early expungement once you have completed your sentence. Once it is expunged, the law states that you are to be treated as if the charge never occurred, and it is illegal to discriminate against you for having the expunged charge.

    As to immigration, my handbooks say this is not a charge that would result in immigration problems, and I have had many foreign students (I work near a large university) who have travelled in and out of the country with a DUI conviction. HOWEVER, ICE rules change all the time so you should definitely speak with a lawyer specializing in immigration.

    Hope this helps.

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  • Can you be evicted if you check on the status of the repairs after the landlord states they will handle it?

    Our furnace stopped working correctly last winter. The landlord was told by the maintenance guy and 2 HVAC companies that it needed to be replaced. We have been given 3 different time frames since September 2015 for installation and it never happ...

    Guy’s Answer

    no because you have done nothing to violate your lease. your landlord is required to provide you with a habitable residence. no heat isn't habitable by any standard. if they don't fix it you can report them,to the local housing authority or take them to small claims court.

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  • What happens?

    So im 18 and got caught with weed and paraphernalia. I have a court date soon. Im currently transferring out of iu next semester to maryland. Im confused on whats going to happen since im not going to be in indiana after my court date. The pol...

    Guy’s Answer

    If this is your first offense than it is almost certain you will be offered pretrial diversion (PDP). Even if this is your second or third offense, Monroe County has three levels of pretrial diversion and you still may be offered it. You will be able to move to Maryland and still complete the conditions of pretrial diversion (which may include one class and some community service) without having to deal with the criminal justice system in Maryland at all. It is always best to hire an attorney to inquire for you and advocate for you if for some reason you are not offered PDP. Otherwise, you can go to your Initial Hearing, and before you go in the bailiffs will inform you if you have been offered PDP and send you down to the prosecutor's office to sign up. If you aren't offered PDP, you will watch a video on your rights at 1:30, fill out some paperwork, and come back in at 2:30. The Initial Hearing is a formality; just plead not guilty and tell the judge you are going to hire an attorney. If you can't afford one the judge will appoint a public defender. Then call a local attorney to work it out.

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  • I have 2 felony 5 forgery warrants out of Elkins WV and I live in Indianapolis IN. Will they extradite?

    I was told I would have to go to WV and turn myself in. I cannot lose my job. There is no promise they will not keep me there for as long as they want. Don't know what to do? I'm not sure how a state can issue a warrant on one person's word. She ...

    Guy’s Answer

    Charges are filed when there is probable cause, which means that apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution. And yes, that can be based on the statement of one person and the surrounding circumstances. Once charges have been filed, the judge can issue an arrest warrant.

    Whether WV will try to extradite you is another question. Obviously the higher the charge, the more likely the state will seek extradition, but each state and each case is different. The good news is if they haven't yet filed for extradition, you have some time to act.

    My suggestion is you contact a criminal defense attorney in the county where the charges and warrant have been issued. The attorney can contact the county prosecutor and court and request the warrant be withdrawn and a summons issued for you to appear in court. Your attorney will want evidence you are not a flight risk (home, steady job, long time resident, family, etc.). The court can still insist you come to WV and turn yourself in, but you should have a bond that you can pay and get immediately released. Then you will have the opportunity to defend yourself through the normal court process. Do not wait until (if) they file for extradition, because once what is called a Governor's Warrant has been issued by Indiana it become very difficult to fight.

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  • In the state of indiana can the police come back and charge simebody with maintaining a house of comonucence even thought they

    where not there during the bust just because there name was on the lease

    Guy’s Answer

    Yes, they can. I have copied the statute below. However, if the person can show the prosecutor he or she had no knowledge their place was being used for illegal activity, it is possible the state might agree to drop the charges or perhaps modify them to something less serious.

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  • Can an employer change my status? Indiana

    Hi! My son works for a school as a full-time benefited employee. He was informed Friday that because his department needs help they cannot justify paying his position anymore so as of January 1st he will be part-time and will go from being an Assi...

    Guy’s Answer

    Indiana is what is called an "at will" state, which means employers have few limitations on what they can do. Unless your son has a contract that states otherwise, the employer has the legal right to fire or change the terms of employment at will, as long as it is not on the basis of discrimination based on race, religion, etc. Sorry, but that's the way it is.

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  • Who can help

    my son was sentenced yestarday , now his attorney said the judge made a mistake , and she just did not correct him. how can they go back on what was documented in court

    Guy’s Answer

    There are a number of ways to handle this. If the error was simply a mistake, it may be enough for the attorney to contact the court and simply explain the mistake. If the judge agrees he can simply correct the record. If that doesn't work, the attorney can file a Motion to Correct Errors. The motion must be filed within thirty days of the judgement being entered (or you can ask for permission for a late filing). In any case, if it was an significant error that goes against your son's interests, you should definitely try to get it corrected.

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