March 2019

In order for the State of Indiana to meet their burden of “beyond a reasonable doubt” they often have to rely upon the testimony of witnesses as to what they heard, saw, or otherwise experienced through their senses.  From a constitutional standpoint, this testimony is generally requiring the witness to appear in court so that an individual can “confront and cross-examine” (Sixth Amendment to the U.S. Constitution) or otherwise meet them “face-to-face” (Article I, Section…

We take calls all the time from people who have gotten their license in a mess and need help digging out of the hole and back to driving. This article will take an in-depth look into the “Why” of the BMV. First, Indiana separates suspensions by discretionary and mandatory suspensions. By statute, a court is allowed to impose a license suspension for any conviction in which the operation of a vehicle is an element of…

As criminal defense attorneys, we have handled hundreds, if not thousands, of sentencing hearings. And, depending on the circumstances, we may choose to call our client to the stand to testify on their own behalf, or, in the alternative, may ask them not to say a single word. Why? Because each and every case is different. Outcomes are sometimes decided in advance. Sometimes there are times when hearing from the defendant is essential. So, when…