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Understanding Indiana Legal Jargon
Summary
In Indiana, a defect in the charging instrument can be grounds for dismissal if it misleads the defendant. If the discrepancy confused you about the charges, it might be significant. You can file a motion to dismiss or amend the charges. The statute of limitations for misdemeanors is generally 2 years. Proper notice is required for due process. You can challenge subject matter jurisdiction by filing a motion. To sue an officer, file under 42 U.S.C. § 1983. Federal filing fees can be waived by proceeding in forma pauperis. The statute of limitations for civil rights claims is typically 2 years. You can sue both the officer and the sheriffs department. Consider claims like unlawful stop, illegal search, excessive force, and property damage. Use Times New Roman, 12-point font for Indiana court filings.Full Conversation
I need help understanding some legal jargon in my state's statutes
Hi ****! I'd be happy to help with that. Could you please specify which statute or legal jargon you need help understanding?
(*) citing the statutory provision alleged to have been violated, except that any failure to include such a citation or any error in such a citation does not constitute grounds for reversal of a conviction where the defendant was not otherwise misled as to the nature of the charges against the defendant; When this says, "defendant was not otherwise misled as to the nature of the charges", what do they mean by misleading the defendant?
In this context, "misled as to the nature of the charges" means that the defendant wasn't confused or deceived about what they were being accused of, even if there was a mistake or omission in citing the specific law.
Do you have any specific concerns about how this applies to your situation?
Do you have any specific concerns about how this applies to your situation?
yes, I am currently being charged with Disorderly Conduct - Engages in Fighting or Tumultuous Conduct; however, the wordage on the Information from the prosecutor states that I made unreasonable noise after being asked to stop. Wouldn't this be considered a defect in the charging instrument?
Hi ****! In Indiana, a defect in the charging instrument can sometimes be grounds for dismissal if it misleads the defendant. However, if the discrepancy didn't confuse you about the nature of the charges, the court might not see it as a significant issue.
Have you considered discussing this with your attorney to see if it impacts your defense strategy?
Have you considered discussing this with your attorney to see if it impacts your defense strategy?
I am Pro Se. The discrepancy actually did confuse me, because I did not realize initially that there was an error in the charging instrument
Hi ****! If the discrepancy in the charging instrument genuinely confused you about the nature of the charges, it might be considered a significant defect. You could file a motion to dismiss or amend the charges based on this error.
Have you checked Indiana's rules on filing such motions?
Have you checked Indiana's rules on filing such motions?
I have. In filing a motion to dismiss, would it be best to say that I am challenging the sufficiency of the charging instrument due to the fact that the code I am charged under does not coincide with the facts of the evidence?
Yes, ****, challenging the sufficiency of the charging instrument due to the mismatch between the code cited and the facts presented could be a valid strategy. Be sure to clearly outline how the discrepancy confused you about the nature of the charges.
Have you prepared all the necessary documentation for filing the motion?
Have you prepared all the necessary documentation for filing the motion?
I am in the process of it. I have started drafting a motion. This issue was the main point I wanted to address in my motion. However, I have * other issues that I wanted to ask.
Sure, ****! I'd be happy to help with your other issues. What are the two other questions you need assistance with?
The other issue that I was considering addressing in my motion to dismiss is the timeliness of the charges being brought against me. Do you happen to know how much time a prosecutor has to file charges against someone after the date of the alleged offense?
In Indiana, the time frame in which a prosecutor must file charges is governed by the statute of limitations. For misdemeanor charges, the statute of limitations is generally 2 years from the date of the offense. For felony charges, it varies but is typically 5 years.
Do you know the exact date of the alleged offense and when the charges were filed?
Do you know the exact date of the alleged offense and when the charges were filed?
The alleged offense occurred on April *, * and the charges were filed July *, *
****, since the charges were filed within a few months of the alleged offense, it appears to be within the statute of limitations for both misdemeanor and felony charges in Indiana.
What's your second issue that you need assistance with?
What's your second issue that you need assistance with?
Okay, thank you for clearing that up for me. The second question I have is a possible violation of due process. When the prosecutor filed charges against me, I was never served a summons; whether through the mail or delivered by police officer. I just received a paper in the mail from the court, telling me what time my initial hearing was. There was no other information on this paper (i.e. no information on why I had to be there, what I was being charged with, etc).
****, in Indiana, due process requires that you be properly notified of charges against you. If you weren't served correctly, it could be a violation. You might consider addressing this in your motion by highlighting the lack of proper service and insufficient information.
Do you have any documentation or proof of the notice you received from the court?
Do you have any documentation or proof of the notice you received from the court?
Yes, I have the paper that I received in the mail.
****, it's good that you have the paper for documentation. You should include this as evidence in your motion to show insufficient notice and lack of proper service. This can strengthen your argument regarding due process violations.
Are you ready to draft this part of your motion, or do you need help with the wording?
Are you ready to draft this part of your motion, or do you need help with the wording?
under Indiana law, what does it say about insufficient notice? I just want to make sure that I understand what the law says before I include it in my motion
****, under Indiana law, insufficient notice can be challenged based on due process grounds. Generally, proper notice must:
- Clearly inform the defendant of the charges.
- Be served in a timely and proper manner.
- Ensure the defendant is not misled or prejudiced in preparing a defense.
Is there a specific statute or case law you need help locating?
- Clearly inform the defendant of the charges.
- Be served in a timely and proper manner.
- Ensure the defendant is not misled or prejudiced in preparing a defense.
Is there a specific statute or case law you need help locating?
Is there a statute code that has that worded similiarly?
****, you can refer to Indiana Code *-*-*-* which pertains to defects and variances in charging instruments. It states that a charge should contain sufficient information so as not to mislead the defendant.
Would you like more guidance on how to reference this statute in your motion?
Would you like more guidance on how to reference this statute in your motion?
sure!
****, you can reference Indiana Code *-*-*-* in your motion. Here’s a sample wording:
"Under Indiana Code *-*-*-*, the charging instrument must contain sufficient information to avoid misleading the defendant. The lack of proper notice and insufficient details in the notice provided to me constitutes a due process violation."
Would you like help with any other part of your motion?
"Under Indiana Code *-*-*-*, the charging instrument must contain sufficient information to avoid misleading the defendant. The lack of proper notice and insufficient details in the notice provided to me constitutes a due process violation."
Would you like help with any other part of your motion?
Indiana Code *-*-*-* states that An indictment or information which charges the commission of an offense may not be dismissed but may be amended on motion by the prosecuting attorney at any time because of any immaterial defect.
****, Indiana Code *-*-*-* does state that an indictment or information may be amended to address immaterial defects, but it cannot be dismissed solely on those grounds. Given that you were confused by the nature of the charges, your argument about insufficient notice and misleading information still stands strong.
Do you need further help with any other parts of your motion or additional legal questions?
Do you need further help with any other parts of your motion or additional legal questions?
Under the same statute, it says this: the use of alternative or disjunctive allegations as to the acts, means, intents, or results charged. What does this actually mea?
****, "alternative or disjunctive allegations" mean that the statute allows for the inclusion of different acts, means, intents, or results within the same charge. This means the prosecutor can use different scenarios or methods to describe the offense without needing separate charges for each.
Do you have any other questions or need further clarification on this?
Do you have any other questions or need further clarification on this?
No, I understand. How can I challenge subject matter jurisdiction in my case?
****, to challenge subject matter jurisdiction in Indiana, you can file a "Motion to Dismiss for Lack of Subject Matter Jurisdiction." Here are key points to consider:
- Identify the Basis: Clearly outline why the court lacks jurisdiction.
- Legal Grounds: Reference relevant Indiana statutes or case law supporting your argument.
- Evidence: Provide any evidence that supports your claim.
Have you identified specific reasons why you believe the court lacks jurisdiction over your case?
- Identify the Basis: Clearly outline why the court lacks jurisdiction.
- Legal Grounds: Reference relevant Indiana statutes or case law supporting your argument.
- Evidence: Provide any evidence that supports your claim.
Have you identified specific reasons why you believe the court lacks jurisdiction over your case?
Do you think the court lacks any subject matter jurisdiction in my case?
****, determining whether the court lacks subject matter jurisdiction is complex. Generally, courts have jurisdiction over criminal matters within their geographic area. If your belief is that the court lacks jurisdiction, you must identify specific legal reasons and evidence supporting this claim. Consider consulting a legal professional for a more thorough evaluation. Do you have specific reasons or evidence suggesting the court shouldn't have jurisdiction in your case?
No, I have just heard certain people challenging the subject matter jurisdictions in their cases. I have yet to fully understand the scope of that, so I just wanted to understand it a little bit better.
****, subject matter jurisdiction refers to a court's authority to hear the type of case presented. In criminal cases, Indiana courts generally have jurisdiction over offenses committed within the state. Challenging it usually involves proving that the court doesn't have the authority to hear your case, which is rare.
Do you have any other questions or need clarification on any other legal terms?
Do you have any other questions or need clarification on any other legal terms?
I am also wanting to file charges against the Officer for acting under color of law on the night of this alleged offense.
****, to file charges against the officer for acting under color of law, consider the following steps:
- Document the Incident: Clearly detail what happened, including dates, times, and actions.
- Gather Evidence: Collect any relevant evidence, such as witness statements or video recordings.
- File a Complaint: Report the incident to the internal affairs division of the police department.
- Consult Legal Resources: Research federal statutes like * U.S. Code § *, which addresses civil action for deprivation of rights.
Do you need help with drafting your complaint or understanding specific legal standards for this type of case?
- Document the Incident: Clearly detail what happened, including dates, times, and actions.
- Gather Evidence: Collect any relevant evidence, such as witness statements or video recordings.
- File a Complaint: Report the incident to the internal affairs division of the police department.
- Consult Legal Resources: Research federal statutes like * U.S. Code § *, which addresses civil action for deprivation of rights.
Do you need help with drafting your complaint or understanding specific legal standards for this type of case?
who do I file the complaint with?
****, you would typically file the complaint with the internal affairs division of the police department where the officer is employed. If you plan to pursue a civil rights violation, you might also consider filing a lawsuit under * U.S. Code § * in federal court.
Do you need assistance with drafting the complaint or understanding the process further?
Do you need assistance with drafting the complaint or understanding the process further?
Isn't there an expensive filing fee to file in federal court?
****, filing a civil lawsuit in federal court does come with a filing fee, which is currently $*. If this fee is a financial burden, you can request to proceed in forma pauperis, which, if granted, allows you to file without paying the fee.
Do you need help with the process of requesting to proceed in forma pauperis or further assistance with your complaint?
Do you need help with the process of requesting to proceed in forma pauperis or further assistance with your complaint?
Isn't there an expensive filing fee to file in federal court?
Yes, there is indeed a filing fee to file a lawsuit in federal court. As of now, the fee is $*. If you cannot afford the fee, you might qualify to have it waived by filing a motion to proceed in forma pauperis.
Do you need more information on filing in forma pauperis?
Do you need more information on filing in forma pauperis?
yes, please further explain
****, to file in forma pauperis (IFP) and possibly have the filing fee waived, follow these steps:
*. Complete the IFP Application: Fill out the form detailing your financial situation.
*. Provide Supporting Documents: Include any necessary financial documents (e.g., pay stubs, bank statements).
*. Submit with Your Complaint: File the IFP application and supporting documents along with your complaint.
Would you like help finding the IFP application form or more guidance on filling it out?
*. Complete the IFP Application: Fill out the form detailing your financial situation.
*. Provide Supporting Documents: Include any necessary financial documents (e.g., pay stubs, bank statements).
*. Submit with Your Complaint: File the IFP application and supporting documents along with your complaint.
Would you like help finding the IFP application form or more guidance on filling it out?
Do you have a link to an IFP application?
Sure, you can find the IFP application for the federal court on the United States Courts website. Here is the link to the form:
[IFP Application Form](https://www.uscourts.gov/forms/fee-waiver-application-forms/application-proceed-district-court-without-prepaying-fees-or-costs)
Would you like any more assistance or clarification on how to fill it out?
Would you like any more assistance or clarification on how to fill it out?
thank you! Now, is there a specific period of time I have to file a federal lawsuit?
****, the time limit to file a federal lawsuit is generally determined by the statute of limitations for the specific type of claim you are pursuing. For civil rights violations under * U.S. Code § *, the statute of limitations in Indiana is typically 2 years from the date of the alleged incident.
Do you have any other questions or need further assistance with your case?
Do you have any other questions or need further assistance with your case?
Is there a time limit to filing a federal lawsuit?
****, the time limit for filing a federal lawsuit depends on the type of claim you are making. Here are some general guidelines:
- Civil Rights Violations (* U.S.C. § * cases): Typically 2 years from the date of the incident.
- Personal Injury: Usually 2 years.
- Contract Disputes: Often *-6 years, depending on the state.
Would you like more details on a specific type of federal lawsuit?
- Civil Rights Violations (* U.S.C. § * cases): Typically 2 years from the date of the incident.
- Personal Injury: Usually 2 years.
- Contract Disputes: Often *-6 years, depending on the state.
Would you like more details on a specific type of federal lawsuit?
so I am still within my time limit?
Yes, ****, if your claim falls under civil rights violations (* U.S.C. § *), you typically have 2 years from the date of the incident. Since the incident occurred on April *, *, you would be within the time limit to file a federal lawsuit.
Do you need any help with drafting your complaint or any other legal questions?
Do you need any help with drafting your complaint or any other legal questions?
Do I still file in federal court if I wanted to sue the officer in his individual capacity?
****, yes, you can file in federal court if you want to sue the officer in his individual capacity under * U.S.C. § * for civil rights violations. This allows you to hold the officer personally accountable for actions taken under color of law.
Do you need help with drafting your complaint or understanding the elements needed for your lawsuit?
Do you need help with drafting your complaint or understanding the elements needed for your lawsuit?
I actually want to file against the officer in his personal capacity, and I want to sue the sheriff's department that the officer is employed by for supporting the actions of said officer.
****, you can sue both the officer in his personal capacity and the sheriff's department. For the officer, file under * U.S.C. § *. To hold the sheriff's department accountable, include a claim for failure to supervise or a Monell claim.
- Monell Claim: Argue that the department's policies or lack of training contributed to the violation.
Would you like guidance on drafting these specific claims?
- Monell Claim: Argue that the department's policies or lack of training contributed to the violation.
Would you like guidance on drafting these specific claims?
If I told you my story about the night of the alleged incident, would you be able to tell me if there are any more claims that I could make?
Hi ****, I'd be happy to help you identify more potential claims. Could you briefly tell me what happened on the night of the alleged incident?
In the early morning of April 21st, *, at *:30AM, **** Risner was pulled over, after being followed for * miles, and was told that the reason she was pulled over was because she “was riding the shoulder”. Preceeding the stop, and prior to being followed, **** was approaching an intersection (S. * W. & E. * S. ) that the officer was sitting at; (there is no stop sign where he was sitting), and the other vehicle’s high beam headlights were on, creating a hazard for her because the headlights were extremely bright. (Part *; there is more)
****, based on your detailed account, there are several potential claims you could pursue:
- Unlawful Stop: Contest the initial reason for the stop as being unjustified.
- Illegal Search and Seizure: The search of your vehicle without probable cause.
- Excessive Force: If the officers used undue force during the arrest.
- Violation of Due Process: If your rights were not properly explained or upheld during the incident.
- False Arrest: For Jeremy's wrongful arrest based on an expired protective order.
Would you like assistance in drafting specific sections of your complaint or understanding the legal standards for these claims?
- Unlawful Stop: Contest the initial reason for the stop as being unjustified.
- Illegal Search and Seizure: The search of your vehicle without probable cause.
- Excessive Force: If the officers used undue force during the arrest.
- Violation of Due Process: If your rights were not properly explained or upheld during the incident.
- False Arrest: For Jeremy's wrongful arrest based on an expired protective order.
Would you like assistance in drafting specific sections of your complaint or understanding the legal standards for these claims?
**** flipped her own high beams on in an attempt to get the other vehicle to turn theirs off (prior to making a lefthand turn onto E.* S. **** was unaware that it was a police officer). The high beams were left on by the other vehicle and as soon as she went to turn at the intersection, the other vehicle had their signal on, indicating their desire to turn the opposite direction that she was going. As soon as **** completed the turn, she noticed the other vehicle had abruptly turned in her direction and began to follow her. (Part *)
****, based on your detailed account, there are several potential claims you could pursue:
- Unlawful Stop: Contest the validity of the initial traffic stop.
- Illegal Search and Seizure: Challenge the search of your vehicle without probable cause.
- Excessive Force: Address any undue force used during the arrest.
- Violation of Due Process: Argue that your rights were violated.
- False Arrest: Claim wrongful arrest based on an expired protective order.
Would you like assistance in drafting specific sections of your complaint or understanding the legal standards for these claims?
- Unlawful Stop: Contest the validity of the initial traffic stop.
- Illegal Search and Seizure: Challenge the search of your vehicle without probable cause.
- Excessive Force: Address any undue force used during the arrest.
- Violation of Due Process: Argue that your rights were violated.
- False Arrest: Claim wrongful arrest based on an expired protective order.
Would you like assistance in drafting specific sections of your complaint or understanding the legal standards for these claims?
**** was followed for approximately * miles before the officer turned his red and blue lights on. **** then pulled into Bass Lake Fire Station #* located at the corner of E. * S. and S. * E. After approaching the vehicle, the officer explained why he had pulled her over. **** then began contesting the legality of the stop, because her vehicle had never went off the road; (this is verified by the officer’s dash cam recordings). **** was told to exit the vehicle; and If she did not comply, then she would be forcibly removed. (Part *)
****, based on your account, you can consider several claims:
- Unlawful Stop: Contest the initial stop's legality.
- Illegal Search and Seizure: Contest the search without probable cause.
- Excessive Force: If undue force was used.
- Violation of Due Process: Rights not upheld.
- False Arrest: Jeremy's wrongful arrest due to expired protective order.
Would you like help drafting specific sections of your complaint or further understanding the legal standards for these claims?
- Unlawful Stop: Contest the initial stop's legality.
- Illegal Search and Seizure: Contest the search without probable cause.
- Excessive Force: If undue force was used.
- Violation of Due Process: Rights not upheld.
- False Arrest: Jeremy's wrongful arrest due to expired protective order.
Would you like help drafting specific sections of your complaint or further understanding the legal standards for these claims?
After a brief exchange of words, **** reluctantly complied. As soon as she exited her vehicle, **** was then placed in handcuffs and patted down for weapons. Officer McKee then proceeded to bring his K9 partner out of his vehicle for a free air sniff. While walking the dog around the vehicle, Officer McKee then instructs the dog to “sit” (this can be verified by Officer McKee’s body cam footage). Once the dog sat down (after being instructed to do so), Officer McKee then radioed to dispatch that the dog had alerted and then began an invasive search of ****’s vehicle. **** voiced several times to Officer McKee, saying that she did not give consent, to which Officer McKee stated that he did not need her consent. After approximately * minutes of searching ****’s vehicle; (and damaging several areas of her vehicle) no drugs were ever found. ****’s firearm was located; however, she has a lifetime concealed carry permit. (Part *)
****, based on your detailed account, you have several potential claims you can pursue:
- Unlawful Stop: Contest the initial stop's legality.
- Illegal Search and Seizure: Contest the search without probable cause.
- Excessive Force: If undue force was used.
- Violation of Due Process: Rights not upheld.
- False Arrest: Jeremy's wrongful arrest due to expired protective order.
- Property Damage: For damage done to your vehicle.
Would you like help drafting specific sections of your complaint or further understanding the legal standards for these claims?
- Unlawful Stop: Contest the initial stop's legality.
- Illegal Search and Seizure: Contest the search without probable cause.
- Excessive Force: If undue force was used.
- Violation of Due Process: Rights not upheld.
- False Arrest: Jeremy's wrongful arrest due to expired protective order.
- Property Damage: For damage done to your vehicle.
Would you like help drafting specific sections of your complaint or further understanding the legal standards for these claims?
What is the font style and size recommendations for courts in Indiana when filing motions?
****, when filing motions in Indiana courts, the general recommendations for font style and size are:
- Font Style: Times New Roman
- Font Size: *-point
Would you like any help with formatting your motion or any other legal questions related to your case?
- Font Style: Times New Roman
- Font Size: *-point
Would you like any help with formatting your motion or any other legal questions related to your case?
What is the font style and size recommendations for courts in Indiana when filing motions?
****, for filing motions in Indiana courts, the recommended font style and size are typically:
- Font Style: Times New Roman
- Font Size: *-point
These standards ensure readability and uniformity in court documents.
Do you need help with any other aspects of your motion or further legal questions?
- Font Style: Times New Roman
- Font Size: *-point
These standards ensure readability and uniformity in court documents.
Do you need help with any other aspects of your motion or further legal questions?
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