Marc Lopez Law October 2018

OCTOBER 2018 LOPEZ LAW

FROM THE DESK OF

Marc Lopez

I love fall. For many folks, the seasonal associations include bonfires, football, changing leaves, theWorld Series, and a welcome end to the sweltering summer heat. For me, though, it’s all about Halloween. Before you start judgingmy enthusiasm for costumes and sugar binges, let me assure you that this is a case where a long-dormant interest has been reignited by the demands of fatherhood. Simply put, I didn’t observe our most hair-raising holiday for about 13 years. Now, as I experience the world vicariously throughmy daughter, I get to reacquaint myself with what I loved as a child. A couple of years ago, I took my daughter trick-or-treating around our neighborhood, and she seemed to grasp the concept on an intuitive level. What I had assumed would be a quick trip up and down the street turned into a two-hour quest to accumulate as many sweets as possible. It must have made an impression on her, because last year she was excited for the end of October and the avalanche of candy it brings. She even insisted that my wife and I coordinate our costumes with her own. This year, her zeal has only intensified. In our home, the Children’s Museum’s (lights-on) haunted house is a frequent topic of conversation, and we seem to devote an unusual amount of time to the practice of being spooky. Daily viewings of“Frozen”have been temporarily suspended in favor of“Coraline”and“The Nightmare Before Christmas.” These days, the Lopez family can’t even complete a shopping trip without at least visiting (and discussing) the Halloween aisle and its offerings. It’s funny how having a child gives you the opportunity to relive your youth. I spent over a decade of my adult life neglecting the cultural delights of All Hallows’Eve, and I was sure that the experience of wonder was no longer available tome. Now that I have a little one, though, the world is new again. I can play dress-up and eat a whole bag of bonbons, all in the name of maintaining holiday spirit. It’s glorious.

Ghost stories are a rite of passage this time of the year, but sometimes it can be hard to determine what stories will be appropriate for kids. If you have a youngster who is a budding scare-o-phile, here are some stories you can feel safe telling them. SPOOKY TALES FOR THEWHOLE FAMILY A ppropriate G host S tories for A ny A ge

Feel free to shape these stories into your own. Knowing the age of your audience and what kind of spooks they enjoy will help you craft your tale.

THE FLYING DUTCHMAN This story is perfect for little historians and those who love maritime tales.

Legend has it that ship captain Hendrick van der Decken and his crew have haunted the Cape of Good Hope ever since a storm ravaged their ship more than 450 years ago. Van der Decken was an avid seaman and captain of The Flying Dutchman. In the midst of a horrifying storm, he insisted that the ship keep pressing ahead. His crew begged him to change course, but, according to folklore, his famous response was“We’ll sail for eternity!” Van der Decken and his crew vanished in the storm, but sailors over the past five centuries have often claimed to see a mist-shrouded boat sailing toward them, only for it to disappear from their sight as they drew near. Sailors warn that if a ship crosses paths with The Flying Dutchman, it spells doom for the ship’s occupants.

As you prepare for this year’s festivities, I encourage you to remember three pieces of advice:

1). JUST SAY NO to vandalism;

2). try not to snack yourself into a diabetic coma; and

3). always plead the Fifth. Happy Halloween!

TIP: Characters and locations in this story can vary depending on your location and audience.

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... continued from cover

THE PINK JELLY BEAN

WHERE’S MY HAIRY TOE?

The woman was never seen again. Her neighbors, having heard the commotion the night before, found only a single large footprint outside her house in the morning.

If you’re looking for some suspense with a happy ending, your own version of The Pink Jelly Bean is your safest bet. Here’s an example: There was a dark forest into which no one ventured alone. In the forest was a shack, the spooky setting of numerous gory tales. On stormy nights, it was said that the shack came alive. One night, brave travelers came across the shack and decided to stay for the night just as a storm was brewing. Suddenly, a gust of wind blasted the door open and flashes of lightning lit up the shack to reveal something in the middle of the shuttered living room:

This story is perfect for youngsters under the age of 10, especially if you’re still gauging their fright level. Long, long ago, an old woman was tending to her garden when she discovered a hairy toe. She had not had a fruitful harvest that year, so when she returned to her cottage, she reluctantly ate the toe and settled into a quiet evening at home. But she kept hearing a low voice moaning, “Where’s my h-a-i-r-r-r-y t-o-e-e-e?”With every repetition, the voice increased in intensity. Mysterious thumps, groans, and demands for the toe echoed throughout the house all night. Just as she was falling asleep, her front door flew open, and there stood a giant demanding his hairy toe be given back. The old woman, fed up with the begging nonsense, screamed, “I ate your hairy toe!” Calmly, the giant responded, “I know.”

It was a peculiar print — it only had four toes!

TIP: Draw out this story by describing what the woman sees and hears all night, and play around with different voices for the giant.

… a pink jelly bean!

TIP: The goal is to stretch this story out for as long as you can before the final reveal. Add more doors, characters, and creepy objects — whatever it takes to build the suspense.

GOING BEYOND ‘GETWELL SOON’ 3 Meaningful Ways to Support Recovery

If you’ve ever had a friend or loved one suffer a debilitating injury, you know how powerless you can feel to help. You want to make a difference, but in the face of severe medical challenges, it can be hard to know how. It’s important to remember that, while you may not be able to have a direct impact on your loved one’s physical recovery, there are concrete actions you can take to support them in ways doctors can’t.

or preparing a home-cooked meal can give that person a much-needed breather. Taking the time to help your friend with everyday tasks is more than just a practical gesture — it lets them know they don’t have to bear the burden of their injury alone.

someone who is willing to listen without judgment can provide a salve for emotional hardship.

SUPPORT THEIR RIGHTS.

Sometimes an injury can leave your loved one tangled up in disputes with opportunistic insurance companies or individuals they feel are responsible for their injuries. While you may not be able to represent your friend’s legal interests in these situations, you can introduce them to someone who can. Referring your friend to a personal injury firm you trust can help them chart a path toward just compensation for their injuries.

SUPPORT THEIR EMOTIONAL RECOVERY.

People faced with injuries, disabilities, and illnesses can feel emotionally isolated from their friends and loved ones. They may feel that others won’t understand their pain or that they should put on a brave face and not complain. You can’t force your friend to talk about their issues, but simply being there to listen to what your friend is going through makes a world of difference. Having

SUPPORT THEIR EVERYDAY LIFE.

Traumatic injuries can make many aspects of day-to-day life difficult or impossible. Simply making dinner or taking their kids to school may now be herculean tasks for your loved one. Offering to be a volunteer driver

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Even the Most Frightening Ghouls Need to Be Careful HAVE A FUN & SAFE HALLOWEEN!

CHOOSE SMART COSTUMES Halloween wouldn’t be Halloween without costumes! They should be fun, but you can also make them safer by following a few simple guidelines. Add reflective tape to candy bags and costumes and wear light colors to stand out in the dark. Buying or making the right-sized costumes is also important. If they’re too large, they create a tripping hazard, and if they’re too tight, they can restrict movement. If your child wears a mask, make sure they can see out of it properly. MAKE A PLAN Before heading out to trick or treat, create a plan and discuss it with every member of your family. This ensures that if someone in your group wanders off, they’ll know where to look for you or where to go. In case you’re separated, label your child’s costume with your name, address, and phone number. If your children are old enough to trick or treat without adults, make sure that their cellphones are charged and on them at all times, and schedule regular check-ins.

FORFEITURE Indiana is allowed to seize property related to suspected criminal activity . This property is usually in the formof cash, but it can also include houses, cars, or even electronics. MARC’S TIPS AND TRICKS Before heading out for some good old-fashioned trick-or-treating, take the time to go over basic safety tips. Teach kids to look both ways before crossing, use crosswalks and traffic signals, cross streets on the corners, and never run across the street. Making eye contact with drivers before walking in front of their cars is also a good way to make sure the driver knows the child is there. Generally speaking, the State of Indiana simply confiscates the property, files a forfeiture action, and counts on the fact that the owner won’t kick up a fuss. More often than not, this approach actually works. Many people are too scared to fight back. Some may not even realize that fighting back is an option. The first thing you need to know is that it is possible to contest a forfeiture action. Forfeitures are technically civil in nature—not criminal—meaning the burden of proof is on the State to prove that it’s more likely than not that the property was used in criminal activity. The second thing you should know is that no forfeiture action is a lost cause so long as you have a valid (legal) explanation for the property that’s been seized. The absolute worst thing you can do is nothing . If the State seizes your property, and you take no action, you lose . It doesn’t matter if you’re charged with a crime and acquitted. In fact, it doesn’t matter if you’re ever charged at all. If you don’t take steps to recover your property from the State, you’ll never get it back. This is exactly what Indiana wants. If you’ve had your property seized by the State of Indiana, you owe it to yourself to call the Marc Lopez Law Firm at (317) 632-3642. Give us a fewminutes, and we’ll give you a game plan to try to get your stuff back. Happy Halloween, you goblins, ghouls, witches, and spooks! It’s that time of year again when kids and adults alike can dress up and roam the streets as their favorite heroes, frights, or princesses. While kids are eager to show off their outfits and fill their pillowcases with sugary treasures, it’s crucial to be aware of the potential dangers on Halloween night. PRACTICE STREET SAFETY Make sure your kids understand basic road safety. According to Safe Kids Worldwide, “Children are more likely to be struck by a vehicle and killed during Halloween than any other day of the year.” The real question in Indiana forfeiture law is“What counts as suspected criminal activity?” Like pretty much everything else, this is open to interpretation.

Homemade

MARSHMALLOWS

Ingredients

1/4 teaspoon kosher salt

3 packages unflavored gelatin

1 tablespoon pure vanilla extract

1 1/2 cups granulated sugar

Powdered sugar, to coat

1 cup light corn syrup

Directions

syrup into gelatin mixture. Switch speed to high and whip for 15 minutes, until very thick. Fold in vanilla after whipping. 5. Dust a nonmetal baking dish with powdered sugar and spoon mixture into dish. Smooth mixture, top with more powdered sugar, and let stand uncovered overnight. 6. Cut into squares, decorate, and serve.

1. In a mixing bowl, combine gelatin and 1/2 cup cold water. Let sit while you make the syrup. 2. In a small saucepan over

medium heat, combine sugar, syrup, salt, and 1/2 cup water until the sugar dissolves.

3. Raise heat to high and bring syrup up to 240 F, using a candy thermometer to check for temperature. 4. With an electric whisk on low speed, slowly whisk

Inspired by foodnetwork.com

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MARC LOPEZ LAW

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

(317) 632-3642 marclopezlaw.com 8 a.m. to 6 p.m. Emergencies 24/7

120 E. Market St. Suite 710 Indianapolis, IN 46204

INSIDE THIS ISSUE From the Desk of Marc Lopez PAGE 1 Scary Stories to Tell Youngsters PAGE 1 Ways to Support a Recovering Loved One PAGE 2 Trick-or-Treating Safety PAGE 3 Homemade Marshmallows PAGE 3 3 of the Weirdest Cryptids in Pseudoscientific History PAGE 4

THE MONSTERS SOME BELIEVE ARE REAL 3 of the Weirdest Cryptids in Pseudoscientific History

THE LOVELAND FROG One night, near Loveland, Ohio, a man reportedly beheld a trio of bipedal frog-people

wings, and a thrashing, forked tail. After slicing the midwife with its ragged claws, the beast flew up the chimney and fled into the trees. Hundreds of years later, the beast is still said to creep the backwoods on its cloven hooves, glowering from the blackness with shining, red eyes. THE BUNYIP When European settlers began edging into the territory of Aboriginal Australians, they heard whispered, frightened tales of a man- eating “water spirit” that lived in the lakes and rivers of the area. Descriptions of the creature varied wildly. The monster was alternately described as an enormous starfish, an alligator-like creature with the head of an emu, or a massive bulldog-faced beast. But accounts held one thing in common: The monster claimed the lives of any who dared camp near its watery domain.

There are people who would have you believe that monsters live among us all year long. These individuals, referred to as cryptozoologists (or just “wishful thinkers” by their skeptics), believe a hidden animal kingdom exists just beyond the edge of mainstream biological science. Here are three of the weirdest, almost-certainly imaginary “cryptids” to ever capture the human imagination. THE JERSEY DEVIL According to legend, the 1.1 million-acre Pine Barrens of southern New Jersey are home to more than just birds and deer. The story goes that when one Jane Leeds gave birth to her 13th child, she was dismayed to add yet another kid to her responsibilities. She cried out, “Oh, let this one be the devil!” Shortly after the child was born, the boy was transmogrified into a twisted creature with the malformed head of a goat, leathery

slapping their webbed feet along the side of the road. If that wasn’t

enough, one even had a magic wand, which shot sparks as the man ran off. Apparently, not all mythical beasts are bloodthirsty monsters; some are a little more Kermit than Cthulhu.

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