A quick look at the Supreme Court’s recent ruling in State of Indiana v. David Brown on whether Miranda warnings apply to DUI checkpoints. On March 2, 2017, the Indiana Supreme Court determined, as a matter other f first impression, that Miranda warnings are not required when a driver was detained at a sobriety checkpoint. This case stemmed from a 2013 incident where the Indianapolis Metropolitan Police Department established a checkpoint to apprehend and deter…
Why you may need SR-22 or SR-50 insurance and the differences between them Although a common misunderstanding, an SR-22 is not actually a type of insurance premium but just a certificate showing proof of future financial responsibility. The certificate is just a document your insurance company sends to the Indiana Bureau of Motor Vehicles to prove that an individual has an insurance policy that will be able to pay for at least the minimum amount…
Understanding Credit Time in Criminal Cases Whenever someone is sentenced in a criminal case in Indiana, the Court takes great concern to appropriately and accurately apply any credit time the defendant is afforded when carrying out the formal sentencing. It is incredibly important because no one should ever serve more time for any offense above and beyond what the level of offense requires minus the time they have already served — otherwise, they can serve…
Federal Safety Valve in Drug Cases Have you or someone you know been charged with a federal offense with little or no criminal history that commit non-violent or non-managerial drug crimes? The Safety Valve Provision of the United States Sentencing Commission (“USSC”) allows for certain cases to not require the statutory minimum required by the USSC. These cases include: The defendant who does not have more than one (1) criminal history point; The defendant did…
A Quick Look at Stepparent Adoption Adoption is an instrumental process in the lives of many Indiana children and can give them the consistency needed for a well-balanced life. An adoption requires a petition filed to the court containing information regarding the child sought to be adopted along with information of the petitioner seeking to adopt. So what happens when the petitioner is married to a biological parent of the child? With divorce at its…
A quick look at consecutive versus concurrent sentencing Whenever somebody is convicted of multiple offenses – whether they arise out of the same incident or different cases – the determination needs to be made on whether the sentences will run concurrently or consecutive to one another. If they run concurrent, the sentences will overlap and be served at the same time. Consecutive sentences, on the other hand, require one to finish before the other begins….
License Reinstatement Fees and Other Common License Suspension Issues Do you have a laundry list of suspensions and unpaid tickets that you have neglected to take care of over the past 5, 10 or even 20 years due to more pressing issues going on in your life? Are you now ready to take care of your license and get it back to valid but don’t know where to start? Hiring an attorney who is experienced…
A Quick Look at Bond Revocation Hearings Most people have heard of bond or bail — in fact, most people can name the different types of bond such as cash, surety, personal recognizance, etc. While a bond is an amazing thing–it is a mechanism to keep you out of custody while your case is pending–it can be a fragile thing. It is a tool that the courts and prosecutors use as leverage if and when they decide to…