Anderson:

A: 3737 S. Scatterfield Rd., Suite 200, Anderson, Indiana 46013

P: (765) 640-1330


Indianapolis:

A: 10475 Crosspoint Blvd., Suite 234, Indianapolis, Indiana 46256

P: (317) 793-2015

Monthly Archives: August 2016

When Refusing To Provide Identifying Information While Stopped Is A Misdemeanor

Indiana law criminalize the failure of a driver to provide identification information (e.g. a driver’s license) under Ind. Code § 34-28-5-3.5.   The statute read as follows:

A person who knowingly or intentionally refuses to provide either the person’s:

(1) name, address, and date of birth;  or

(2) driver’s license, if in the person’s possession;

to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.

“A person engages in conduct ‘intentionally’ if, when he engages in the conduct, it is his conscious objective to do so.” Ind. Code § 34-41-2-2(a). “A person engages in conduct ‘knowingly’ if, when he engages in the conduct, he is aware of a high probability that he is doing so.” Ind. Code § 35-41-2-2(b). 

So if you are a driver and you were stopped by a law enforcement officer for an infraction or ordinance violation, remember that failing to provide your identification information to the officer may result in a criminal prosecution.

However, pursuant to Starr v. State, 928 N.E.2d 876 (Ind. Ct. App. 2010), the statute does not apply to passengers, at least to a passenger who did not cause the stop.  While the Good Faith Belief statute allows a law enforcement officer to detain you if the officer believes in good faith that you committed an infraction or ordinance violation.  However, as a passenger, you will most likely not have committed a infraction.  Unless there is some reasonable suspicion that you as a passenger committed an infraction or ordinance violation, then there is no obligation that you identify yourself or be subject to criminal prosecution for failing to do so.

But why refuse to provide the law enforcement officer your identification information? Well, that is for another day.

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THIS IS AN ADVERTISEMENT.  This blog is provided to you for informative purposes only and is not intended as legal advice you should act on alone, nor should it be considered a replacement for obtaining legal counsel and representation.  The information on this blog is not intended to create and use of this website alone does not establish an attorney-client relationship.  Do not send confidential information to Beeman Law unless you have been authorized to by an attorney at Beeman Law. 


Obesity Is Not Generally A “Disability” Under The ADA

The ADA gave regulatory bodies the ability to define disability.  The EEOC, for instance, defines “disability” as “any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine.”  Notably, EEOC’s guidance regarding the definition of “disability” specifically note that many physical characteristics are not a “disability” unless the result of a physiological disorder. Many courts have relied on this definition and guidance to find that obesity is not a disability.  However, at least one court found that severe obesity alone qualified as a “disability” under the ADA.   Beeman Law will stay attune to further developments regarding this case law.

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THIS IS AN ADVERTISEMENT.  This blog is provided to you for informative purposes only and is not intended as legal advice you should act on alone, nor should it be considered a replacement for obtaining legal counsel and representation.  The information on this blog is not intended to create and use of this website alone does not establish an attorney-client relationship.  Do not send confidential information to Beeman Law unless you have been authorized to by an attorney at Beeman Law. 

 


What Is In The Marital Estate? Short Answer: Pretty Much Everything!

Something we discuss with clients regularly, which I often receive with a dumbfounded look, is the issue of what is in the marital estate (or “pot”).  The short answer is: Pretty Much Everything!  Pursuant to Ind. Code § 31-15-7-4:

. . . In an action for dissolution of marriage . . . the court shall divide the property of the parties, whether:

(1) owned by either spouse before the marriage;

(2) acquired by either spouse in his or her own right:

(A) after the marriage; and
(B) before final separation of the parties; or

(3) acquired by their joint efforts.

This is often referred to as the “one pot” theory.   Under this theory, supported by Indiana case law and codified in Ind. Code § 31-15-7-4, all marital assets are subject to the court’s power to divide and award.   This includes inheritances solely to one spouse and property outside the United States.  Now, that said, the specific factual circumstances relating to certain property may be used to changed or modify the presumed division of marital property 50/50 between the parties.  See I.C. § 31-15-7-5 (the Court presumes an equal division of marital property is just and reasonable).  However, it may consider the contribution of each spouse to the acquisition of the property, whether the property was received as an inheritance, and other factors to deviate from equal division.  All is not lost.

If you are going through a divorce and need help in protecting your property, call Beeman Law.

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THIS IS AN ADVERTISEMENT.  This blog is provided to you for informative purposes only and is not intended as legal advice you should act on alone, nor should it be considered a replacement for obtaining legal counsel and representation.  The information on this blog is not intended to create and use of this website alone does not establish an attorney-client relationship.  Do not send confidential information to Beeman Law unless you have been authorized to by an attorney at Beeman Law. 

 


What Is An “Artifact” and What To Do If You May Have Found One

Indiana law protects archaeological sites with artifacts dating prior to December 31, 1870. An “artifact” is defined as “(1) a feature that is: (A) nonportable evidence of past human behavior or activity; (B) found on or in the ground, including structural remains; and (C) formed before December 31, 1870 or (2) an object made, modified, or used before December 31, 1870.” With the continued development of Madison and Hamilton County, still more artifacts will be uncovered. The Delaware Indian Tribe occupied much of the area along the White River and its tributaries prior to 1870.

If you come across an “artifact” or what you think is an “artifact”, STOP and contact our office. We would be happy to guide you through the process of identifying, protecting, and acting in accordance with the law. There are specific timelines which you have to notify the appropriate authorities, AND the failure to follow the law can result in misdemeanor or felony prosecution.

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THIS IS AN ADVERTISEMENT.  This blog is provided to you for informative purposes only and is not intended as legal advice you should act on alone, nor should it be considered a replacement for obtaining legal counsel and representation.  The information on this blog is not intended to create and use of this website alone does not establish an attorney-client relationship.  Do not send confidential information to Beeman Law unless you have been authorized to by an attorney at Beeman Law. 


Requesting An Accounting Under Indiana’s Power of Attorney Statute

Under Indiana law, an “attorney in fact” shall keep complete records of all transactions entered into by them on behalf of the principal. An “attorney in fact” is the person exercising a power of attorney for somebody (i.e. the “principal”). Attorneys in fact are not required to render an accounting, however, of the transactions, unless ordered by a court or requested by a person authorized to do so by the statute. Pursuant to the power of attorney statute, the principal, a guardian of the principal, a child of the principal, the personal representative of the principal’s estate (if principal is now deceased), or an heir or legatee of the principal may request an accounting. If you suspect foul play or want to “check” on the attorney in fact, the attorneys at Beeman Law are willing to help request an accounting and litigate any foul play or issues uncovered by the accounting. An attorney in fact may be liable for the negligent exercise of the power of attorney or for exercising in the power of attorney in bad faith depending on the circumstances.

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THIS IS AN ADVERTISEMENT.  This blog is provided to you for informative purposes only and is not intended as legal advice you should act on alone, nor should it be considered a replacement for obtaining legal counsel and representation.  The information on this blog is not intended to create and use of this website alone does not establish an attorney-client relationship.  Do not send confidential information to Beeman Law unless you have been authorized to by an attorney at Beeman Law.