FREQUENTLY ASKED QUESTIONS
Carman L. Malone, Attorney at Law has assembled a list of frequently asked questions with the appropriate answers. If you have any additional questions, please contact me at: (317) 624-4559.
Q: How long have you been practicing law?
A: I have been practicing law since March 2009.
Q: I have been charged with a misdemeanor, do I need a lawyer?
A: Yes. If you are nervous, scared, have a lot to lose, or simply want legal representation to protect your rights, you need my service.
Q: Can my criminal record be expunged or sealed?
A: Yes, in certain circumstances. Please contact Carman Malone for furthur details.
Q: What are your fees?
A: Fees are based on a number of factors including anticipated time involved in your defense/investigation, seriousness of the charged offense and complexity of the potential trial issues.
Q: What should I do if I was arressted, subpoened, or charged with a crime?
A: Immediately consult a defense lawyer. If at all possible contact my office before talking to anyone.
Q: Why do I need an atttorney?
A: When jail time is staring you down, you need to move fast and protect yourself, family and future. Carman L. Malone, Attorney at Law can provide the protection you need.
Q: Do you take all types of criminal cases?
A: Yes, I represent clients accused of any crime in the State of Indiana---misdemeanor or felony. I also handle family law and civil matters for my clients.
FAMILY LAW FAQ'S
Q: Do we need an attorney to file for a divorce?
A: I recommend you at least consult with an attorney, especially if your situation involves custody, child support, parenting time, and/or the division of assets/debts. However, there is no specific requirement that you or your spouse use the services of an attorney when dealing with family law matters.
Q: What if the other parent stops paying child support?
A: If the other parent stops paying child support, the first thing you should do is call them and find out if there is a legitimate reason for their non-payment. If they are not cooperative, then contact your attorney and/or the Prosecutor's Office -- Child Support Division to enforce an existing child support order. Your children are entitled to this money -- enforce their rights.
Q: What is joint custody? What is sole custody?
A: There are two basic forms of custody in Indiana -- legal custody and physical custody. Physical custody, refers to where the child(ren) are physically located. Parents can share physical custody, which means the children spend equal time with each parent. Or one parent can have primary physical custody, with the other parent having "parenting time" or visitation. Legal custody refers to how to deal with major decisions that arise in a child's life. Parents can share joint legal custody or one party can have sole legal custody.
Q: What if the other parent won't let me see our child(ren)?
A: If you are a non-custodial parent and you believe the custodial parent is unreasonably interfering with your parenting time, you should immediately contact your attorney and seek enforcement of your parental rights through the filing of a contempt citation and/or restraining order. The only reason to withhold parenting time is if it would endanger the physical/mental health of a child, and even then a custodial parent should not withhold parenting time absent a specific Court Order.
Q: How long will the divorce take?
A: It is difficult to predict how long it will take for each divorce case to be finally resolved, and some issues are on-going such as child support, custody, and parenting time. By far, the most significant factor in the time it takes for resolution is the intensity of the parties' feelings and the degree to which the parties want to fight.
Q: How much will my divorce cost?
A: It is difficult to estimate the total cost of your divorce, even when your lawyer knows the contested issues and the strength of the parties' feelings. This process can be long, drawn out, and expensive depending on the parties.