July 2017

Thanks to the Indiana Constitution, citizens have the right to be, “secure … against unreasonable searches and seizures.” Ind. Const. art. 1§ 11. This does not apply when a law enforcement officer has reasonable suspicion that criminal activity is happening. Does this sound vague? Reasonable suspicion is intentionally vague, permitting more information to reach officers. The Supreme Court held that to make, “reasonable suspicion determinations” the lower courts should look at the “totality of the…

Collateral Consequences to a Criminal Charge Everyone knows when you are charged with a criminal case you could face jail time, probation and a fine.  However, many times the possible consequences someone suffers can be far reaching and make resolving the case much more complicated.  When discussing your case with your attorney you need to make sure you consider how a case might affect you in other ways. Immigration Issues If you are not a…

“My kid can tell the judge…..” is a something all family law attorneys hear from clients. The reality is it is not a simple decision to involve children in a proceeding. Even though there are no laws against having children testify in a court proceeding, it is very uncommon and often discouraged by judges. If a judge feels a child can contribute valuable information, the judge may choose to speak to the child(ren) privately. Before…

A Quick Look at Inventory Searches after an Arrest Getting pulled over can be an unsettling experience regardless of one’s familiarity with the law.  Understanding the interpretation of both the U.S. Constitution Fourth Amendment and Article 1 §11 of the Indiana Constitution is instrumental when presented with a situation where a police officer searches your vehicle.  While citizens have the constitutional “right to be secure in their persons, houses, papers, and effects, against unreasonable search…

Are you living in the United States as an immigrant or noncitizen status? If you find yourself in legal trouble you could be facing more than just conviction as a consequence with deportation looming over your head. In a recent Supreme Court decision, Lee v. United States, 582 U.S. (2017), the Court reversed a criminal conviction by a noncitizen after he was given erroneous advice by his counsel, leading to his mandatory deportation. This is…