A Look at Motions to Suppress Motion to Suppress, What is it and When Should it be Used One of the tools in war chest of every Indianapolis criminal defense lawyer is the Motion to Suppress. A Motion to Suppress is basically a motion an attorney can file asking the judge to order that certain evidence is removed from the case and not able to be used in the trial due to some sort of…
Stuck in the Middle: Co-Parenting Children After a Separation or Divorce Once you have separated from the other parent of your children, you may have an order from the court or an agreement as to who has custody of the children, and when each parent will exercise parenting time, but there is more to co-parenting than just setting up a schedule. When you are co-parenting with your former partner or spouse, sometimes you…
Can I Get My Record Expunged Yet? Several times throughout the day we talk with prospective expungement clients who are not quite ready, according to statute, to get their case(s) expunged. Although the expungement statute is clear in regards to the time frames of what can be expunged and when, there is some wiggle room the statute allows for the prosecutor to waive the time frames involved. If your case was dismissed (via diversion, prosecutor…
Child exploitation and pornography arrests are becoming more and more common, unfortunately, and as a result, our law firm receives dozens of calls a month or more about the subject. As such, we thought it appropriate to discuss the laws governing child pornography, the possible punishments, and possible defenses. Should you or a loved one face an allegation as serious as possession, distribution or child exploitation tied to child pornography, it is essential you contact…
What is the Crime of Corrupt Business Influence in Indiana? Indiana has a criminal statute that goes by a weird name. The statute that is being filed with more regularity is the crime of corrupt business influence. The statute was designed to punish longstanding corrupt criminal business practices that didn’t fit into a different type of crime. The corrupt business influence statute reads as: A person: (1) who has knowingly or intentionally received any proceeds directly…
You got convicted of a crime, it’s all over, right? Not exactly. If you take a matter to trial and are convicted you have a constitutional right to appeal that conviction. While there are many different manners and ways you can take a matter up on appeal in a criminal case, the general concept is easiest to understand post-conviction. We are just going to cover the basics of the appeals process and the typical standards…
A civil forfeiture action is a case filed by the State of Indiana against an individual who stands accused of certain criminal offenses. The case filed is civil in nature and completely separate from the criminal proceedings that might be brought against the individual. This type of case is filed when the State of Indiana is seeking the forfeiture of property that has been used to facilitate illegal drug activity or other criminal act. The…
Whenever you are on probation, it is essential that you follow all the rules of probation. We all know that, right? As one local judge likes to say, “there is no condition of probation that is unimportant, a violation can be filed for any violation, regardless of how small they may seem.” Amazingly, despite this advice, many people wrongfully think that there are certain conditions they can violate and even if they get caught, nothing…