On December 15, the Indiana Supreme Court issued a new order suspending jury trials until March 1, 2021. This new order can (and likely will) impact your criminal case and there are a variety of matters your attorney should consider as soon as possible. Speedy Trial/Indiana Rules of Criminal Procedure 4 Under the United States and Indiana Constitutions, you have a right to a public and speedy trial, but that right is also part of…
Many times, when people call around looking for lawyers, they are also looking at the cost of each one when doing comparisons. While pricing is certainly a factor when deciding to hire an attorney, it shouldn’t be the only one or the most important factor if you can afford to hire someone with more experience. Hiring a lawyer is typically not something you want to skimp on or go cheap. The old expression that “you…
Many crimes require what is known as “mens rea.” The literal translation of mens rea is “guilty mind.” In the realm of criminal litigation, mens rea essentially refers to a person’s criminal intent. Many crimes require the state to prove a defendant’s criminal intent as part of the elements of the crime charged. So what happens when there is activity that could be considered criminal, but the defendant, for whatever reason, did not act with…
An area of law that is frequently confused is the difference between the legal theory of accomplice liability and the crime of assisting a criminal. While similar, it is important to understand that accomplice liability is a legal mechanism to hold all participants of a crime accountable. Assisting a criminal, on the other hand, is its own crime that holds accountable those that help participants of a crime evade capture. Accomplice Liability The rationale behind…
Obviously, when a defendant pleads guilty in a criminal case, they understand they are going to be waiving certain rights, even some constitutional protections/rights. For example, most people know or assume that when they plead guilty to a criminal offense, they waive the right to remain silent. Clearly, in order to admit guilt in open court, one must waive their right to remain silent because they have to admit to what they did, audibly. That…
Under Indiana Law, courts may order the suspension of a person’s driving privileges in lieu of criminal charges or an ongoing investigation. Indiana drivers whose licenses have been suspended by the Indiana Bureau of Motor Vehicles or a court may petition to obtain a Specialized Driver’s Privilege. Specialized Driving Privileges allow Indiana residents to drive for specific purposes while their Indiana driver’s license is suspended. Under Ind. Code § 9-30-16-3, an individual who seeks specialized…
When people are being sentenced to a state crime in Indiana to a Level 6 or higher, many times courts will order what is referred to as a Pre-Sentence Investigation or “PSI.” For a closer look at what is contained within a PSI, please click here . Within that PSI, towards the back of the packet, defendants will see a bar chart that has different levels of risk listed, broken down by category, as follows:…
An area of law that is often confused is the concept of competency to stand trial versus insanity. While these two concepts are often related, they have much different meanings in the context of a criminal case. Competency to Stand Trial Competency to stand trial is a very minimal standard. A defendant is not competent to stand trial when he is unable to understand the proceedings and assist in the preparation of his defense. If…