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…
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…
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…
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…