Claimed Lawyer ProfileQ&A
- Appeals & Appellate
- Asbestos & Mesothelioma
- Business Law
- Family Law
Additional Practice Areas
- Car Accidents
- General Civil
Jurisdictions Admitted to Practice
- Staff Public Defender
- Lake County Public Defender Office
- - Current
- Lake County Convention & Visitors Bureau
- Indiana University Robert H. McKinney School of Law
- J.D. | Law
- Phi Delta Phi Legal Fraternity, Moot Court
- Indiana University - Indiana University-Bloomington
- B.A. | Forensics/Criminal Justice
- Finalist, Public Defender of Year
- Indiana Public Defender Council
Websites & Blogs
25 Questions Answered
- Q. See detailed question below:
- A: I'll answer the mortgage question first. The mortgage company DOESN'T CARE if you are divorced. Your ex needs to refinance to get you off the mortgage. Otherwise, you're stuck and you need some protective language in any final decree. Hire a lawyer. It might hurt now, but it will save you TONS of headaches in the long run.
- Q. What are the laws regarding the non custodial parent providing adequate heat in the home during visit
- A: Laws can't cover every eventuality. If the children don't have heat in the home/apartment where they are having visitation, a motion should be filed with the Court to curtail visitation or to hold noncustodial parent in contempt. Now, the problem with something like this is PROVING it. You put the children in a position to have to testify against the non-custodial parent, which often makes these people irate . . . because it's never THEIR fault, remember?
- Q. How long must an offender be on parole in the state of Indiana after his release from prison?
- A: Usually, it's 2 years. However: If an inmate was given probation after his/her sentence following the in-custody portion of the sentence, the inmate won't be put on parole but will be assigned to probation. If an inmate was allowed to go into a CTP [Community Transition Program] for the last few months of his/her sentence, a court MAY discharge that person without placing him/her on parole. If it's the first time the inmate is being released, and s/he wasn't convicted of a sex offense or a "crime of violence" [there's a list of these in the criminal code], AND s/he didn't violate any DOC rules during the last 6 months of his/her sentence, the parole may be reduced to just one year. Sex offenders who are NOT “sexually violent predators” SHALL be put on parole for a period of ten years. Those inmates that are "sexually violent predators” or who were convicted of murder or voluntary manslaughter SHALL be put on parole for life.
- Q. If you're on unsupervised probation, does it require a drug test?
- A: Typically, unsupervised probation means you're mailing in a document once a month. But different probation departments work differently. At some point, if your PO suspects that you're doing something illegal, they can pretty much treat you as if you were supervised, call you in, and make you pee in that little cup.
- Q. Can a officer question a juvenile without a parent present?
- A: Yes. BUT . . . it is NOT admissible if the child did not have an opportunity to have a "meaningful consultation" with a parent or guardian BEFORE waiving right to counsel. UNLESS .. . the child gets on the witness stand and testifies INCONSISTENTLY with what was said in the unlawful consultation. Here are the relevant statutes: IC 31-32-5-1 Waiver of rights guaranteed to child Any rights guaranteed to a child under the Constitution of the United States, the Constitution of the State of Indiana, or any other law may be waived only: (1) by counsel retained or appointed to represent the child if the child knowingly and voluntarily joins with the waiver; (2) by the child's custodial parent, guardian, custodian, or guardian ad litem if: (A) that person knowingly and voluntarily waives the right; (B) that person has no interest adverse to the child; (C) meaningful consultation has occurred between that person and the child; and (D) the child knowingly and voluntarily joins with the waiver; or (3) by the child, without the presence of a custodial parent, guardian, or guardian ad litem, if: (A) the child knowingly and voluntarily consents to the waiver; and (B) the child has been emancipated under IC 31-34-20-6 or IC 31-37-19-27, by virtue of having married, or in accordance with the laws of another state or jurisdiction. IC 31-32-5-2 Child's waiver of right to meaningful consultation The child may waive the child's right to meaningful consultation under section 1(2)(C) of this chapter if: (1) the child is informed of that right; (2) the child's waiver is made in the presence of the child's custodial parent, guardian, custodian, guardian ad litem, or attorney; and (3) the waiver is made knowingly and voluntarily. IC 31-32-5-3 Admissibility of excluded statement for impeachment purposes If: (1) a statement made knowingly and voluntarily cannot be admitted as evidence against a child because of failure to meet the requirements of section 1 of this chapter; and (2) the child testifies in the child's own defense; the statement may be admitted to impeach the child as a witness in the same manner as evidence of any other prior inconsistent statement can be admitted for impeachment.
- Q. Can you have a felony when applying for indiana alcohol server 2 year permit
- A: Here's the pdf for the application: http://www.in.gov/atc/files/EmployeePermit_3_1-5-10.pdf The only mention of "felony" I can find is where it tells you lying on the application is a felony. The Indiana Administrative Code section for the Alcohol Bureau is here: http://www.in.gov/legislative/iac/iac_title?iact=905 I did a pdf search for "felony" and "misdemeanor" and there could not find either word ANYWHERE in the entire section. You might just want to call them and ask.
- Q. Is it possible to get a divorce with out knowing where the other person is?
- A: Very difficult. If you KNOW the community he/she is in, you can serve them via publication under Trial Rule 4.13 http://www.in.gov/judiciary/rules/trial_proc/index.html#_Toc313019761 Is there any property to distribute? And children? Those issues can complicate matters. Hard to tell you if there is a legal aid program in your community if I don't know where your community is. You might try to contact the county bar association where you live, or even the Indiana State bar association.
- Q. I have a 17 year old son who turns 18 in June. He has bipolar disorder can I gain guardianship of him once he is 18.
- A: Does his bipolar disorder render him "incapacitated?" This usually needs to be proven by medical/psychological expert testimony. In other words, will his psychologist/psychiatrist testify, under oath, that he meets the criteria under the following statute, to a reasonable degree of medical certainty? IC 29-3-1-7.5 Incapacitated person "Incapacitated person" means an individual who: (1) cannot be located upon reasonable inquiry; (2) is unable: (A) to manage in whole or in part the individual's property; (B) to provide self-care; or (C) both; because of insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others on the individual, or other incapacity; or (3) has a developmental disability (as defined in IC 12-7-2-61). IC 29-3-5-2 Appointment of guardian before adjudication of incapacity or minority A guardian may not be appointed for an incapacitated person or a minor under this chapter until the incapacity or minority has been adjudicated. IC 29-3-5-3 Findings; appointment of guardian; limited guardianship; protective orders (a) Except under subsection (c), if it is alleged and the court finds that: (1) the individual for whom the guardian is sought is an incapacitated person or a minor; and (2) the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated person or minor; the court shall appoint a guardian under this chapter. (b) If it is alleged and the court finds that the welfare of an incapacitated person would be best served by limiting the scope of the guardianship, the court shall make the appointive or other orders under this chapter to: (1) encourage development of the incapacitated person's self-improvement, self-reliance, and independence; and (2) contribute to the incapacitated person's living as normal a life as that person's condition and circumstances permit without psychological or physical harm to the incapacitated person. (c) If the court finds that it is not in the best interests of the incapacitated person or minor to appoint a guardian, the court may: (1) treat the petition as one for a protective order and proceed accordingly; (2) enter any other appropriate order; or (3) dismiss the proceedings. IC 29-3-5-4 Considerations for appointment of guardian The court shall appoint as guardian a qualified person or persons most suitable and willing to serve, having due regard to the following: (1) Any request made by a person alleged to be an incapacitated person, including designations in a durable power of attorney under IC 30-5-3-4(a). (2) Any request contained in a will or other written instrument. (3) Any request made by a minor who is at least fourteen (14) years of age. (4) Any request made by the spouse of the alleged incapacitated person. (5) The relationship of the proposed guardian to the individual for whom guardianship is sought. (6) Any person acting for the incapacitated person under a durable power of attorney. (7) The best interest of the incapacitated person or minor and the property of the incapacitated person or minor. IC 29-3-5-5 Consideration for appointment of guardian; order of consideration; priorities a) The following are entitled to consideration for appointment as a guardian under section 4 of this chapter in the order listed: (1) A person designated in a durable power of attorney. (2) The spouse of an incapacitated person. (3) An adult child of an incapacitated person. (4) A parent of an incapacitated person, or a person nominated by will of a deceased parent of an incapacitated person or by any writing signed by a parent of an incapacitated person and attested to by at least two (2) witnesses. (5) Any person related to an incapacitated person by blood or marriage with whom the incapacitated person has resided for more than six (6) months before the filing of the petition. (6) A person nominated by the incapacitated person who is caring for or paying for the care of the incapacitated person. (b) With respect to persons having equal priority, the court shall select the person it considers best qualified to serve as guardian. The court, acting in the best interest of the incapacitated person or minor, may pass over a person having priority and appoint a person having a lower priority or no priority under this section.
- Q. How long do you have to wait to get license after dui if tjhe judge granted ninety day suspension
- A: It should be on your driving record, which you can access at: https://myweb.in.gov/BMV/mybmv/Default.aspx?ReturnUrl=%2fBMV%2fmybmv%2fM... Or here: http://www.in.gov/bmv/2331.htm Is your DUI case over? Did you have counsel or did you just plead without a lawyer? If the former, ask your attorney. If the latter . . . like I said, you need to check your driving record. you will have to pay a reinstatement fee and provide proof of financial responsibility.
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