June 2017

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PSI – Pre-Sentence Investigation in Indiana

There is a gamut of procedures that the courts must follow that encompasses criminal law. First, it is reported that someone has allegedly committed a crime. Second, there must be probable cause to try that individual for that specific crime, and in the justice system, everyone is innocent until proven guilty. Third, the defendant has a choice to enter a plea agreement or proceed forward with a bench trial or a jury trial. If the…

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Indiana BAC Machine Information

One of the most common charges we see as criminal defense attorneys is the crime of operating a vehicle while intoxicated.  This many times comes with the charges of Operating a vehicle with a BAC of .08 to .14 or Operating a vehicle with a BAC of .15 or more.  But, where do those BAC results come from?  In Indiana the primary source is a breath test machine.  In today’s blog we take a closer…

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Paternity Affidavits in Indiana

Posted in On June 11, 2017

A paternity affidavit is a legal document that, “permits a man and a woman to declare, under penalty of perjury, that the man is the biological father of a child”.  Paternity affidavits are not required to prove paternity when a child is born during a marriage or within 300 days of a divorce.  In those situations, the husband of the biological mother is presumed to be the biological father of the child. For situations where…

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Carrying a Handgun In Indiana & the Police’s Right to Search

Posted in On June 4, 2017

May 9, 2017 the Indiana Supreme Court made a ruling in the case of Thomas Pinner v. State of Indiana under case number 49S02-1611-CR-610, holding that the sole fact a person has a gun is not a sufficient reason for the person to be stopped and searched. In February 2015, a taxi driver called the police after a man and a woman got out of his cab because when they exited, the man dropped a…

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