If you have ever received a ticket for a traffic or ordinance violation, or even charged with a misdemeanor which was handled in a city or town court, it is possible to have that case reheard in one of the county circuit or superior courts. The legal mechanism that allows this is called a request for trial de novo. The rules for requesting a trial de novo differ slightly depending on whether the judgment was…
The Start of School and How it Affects Your Divorce It is hard to believe it is already time to start planning for the upcoming school year. Many districts throughout the state are operating on a balanced calendar and school will be starting up very soon. If you have children and are no longer with the other parent, chances are you are following some version of a court order with a parenting time plan and…
A Look at the DUI Basics There are literally thousands and thousands of DUI arrests across the country every year. It can be one of the most dangerous crimes as well as over 10,000 people are killed in an accident involving drunk driving each year. In today’s blog we take a look at the basics of a DUI or drunk driving arrest in Indiana. The BAC Charge This is the number that is most promoted…
Collaborative Law: An Alternative to Litigation A trial that puts your personal life on display is not the only option for dissolving your marriage. In Indiana, it is possible to complete the divorce process without entering a courtroom. Often times, removing the necessity of court intervention also reduces the cost of the process and keeps emotions at a more manageable level. Collaborative Law is one way to stay out of the courtroom. Some divorce clients…
A Look at Indiana’s Jake Laird Law – Returning of Firearms in a Criminal Case Despite an individual’s constitutionally protected right to keep and bear arms, if certain circumstances exist, the police are authorized to take one’s firearm to hold and even potentially destroy. The law that allows the retention of firearms is Indiana Code 35-47-14, or otherwise known as the “Jake Laird” law. This law was enacted in 2005, subsequent to the murder of…
A Look at the law of Interstate Agreement on Detainers Many times defendants will mail our firm letter from jail seeking assistance with their criminal cases. And, many times, those requests have to deal with what they perceive are unnecessary delays in their cases by their current attorneys and/or the state of Indiana by and through the prosecutors office. Equally as often, our firm receives hundreds of calls a month from family members looking to…
How to Avoid Arrest at the 100th Running of the Indianapolis 500 The Indianapolis 500 is one of the greatest sporting events in the world on any regular year, but this year will be bigger than ever. It is the 100th anniversary of the greatest spectacle in racing. It is the first time in many, many years that the 500 will be sold out! What does that mean? Well, it likely means that the approximate…
Should the Police Get Involved in Enforcing Your Parenting Time? It is your scheduled parenting time and your ex refuses to give up your child – what now? In most cases, the reaction would be to threaten a call to the local police. While there may be some benefit down the road to documenting denied parenting time, the effect may not be as immediate as a parent in that situation may hope. Police officers across…