March 2014

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A Look at Competency to Stand Trial and Possible Resulting Civil Commitment

In today’s blog we take a look at the statutes governing a person not competent to stand trial and the process one must go through both if the regain competency or if they don’t.  Lastly, we look at the leading case in this area and what happens when a person is charged with a crime but cannot ever regain competency.   Comprehension to Stand Trial: 35-36-3-3 Substantial probability of attainment of comprehension to stand trial;…

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A Look at the Crimes and Penalties for Dealing in Drugs in Indiana

A Look at Indiana’s Most Common Drug Dealing Statutes More and more often, our firm receives calls of defendants being charged with dealing in drugs; thus, it goes without saying that detectives and the state of Indiana must be focusing more and more on charging people with it. That’s because whenever drugs are involved, police and prosecutors are actively looking to add a dealing charge on top of any possession charges they may file. Why?…

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When is a Building a Dwelling for Purposes of Burglary

In today’s blog, we look at what qualifies a building to be a “dwelling” for purposes of the Indiana burglary statute.  There is a huge difference.  If a person burglarizes a building that isn’t a dwelling then it is a Level 5 Felony and the potential is for 1 to 6 years in prison, however, if the building qualifies as a dwelling, then the crime is a Level 4 Felony and the penalty jumps all…

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Understanding Failures to Appear and the Ramifications

Failure to Appear — The Consequences Both Criminally and Civilly – When it comes to any criminal or civil matter before a court, without question, one of the biggest mistakes a defendant or party to a civil matter can do is fail to appear for court. Any failure to appear (or “FTA,” as many refer to it) has consequences that may have significant ramifications on your case moving forward. A failure to appear is just…

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Public Intoxication: Not Just Drunk in Public Anymore

Today our blog looks at one of the more common criminal charges Public Intoxication.  Especially in central Indiana, we see this charge with a high level of frequency.  This is due in part to us having great venues like Lucas Oil Stadium, Bankers Life Fieldhouse, and Klipsch Music Center.  We have these great venues, with great entertainment, that allow a person to drink to the level of intoxication, and then literally force them out into…

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