April 2020

Probation can be and often is a great option for people who have been convicted of a crime, especially if the prospect of jail or other executed sentence was a possibility. However, it may not always be the best option for some. Why? This blog will attempt to answer that question. Many defendants often choose probation, even if it means receiving a much lengthier sentence, because it is considered the “easier” sentence — because, again,…

Knowing how to best attack the prosecution’s case is a vital skill for any defense attorney.  As discussed previously in this blog, there are two broad types of evidence.  Typically, the state will produce either physical evidence or testimonial evidence at trial.  Both physical evidence and testimonial evidence are equally important, and it is up to either the judge or jury to determine the weight placed upon either type of evidence.  There are several cases…

The Family and Medical Leave Act (“FMLA”) is a federal statute that provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons for up to twelve workweeks of leave in a 12-month period. Any public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs is determined to be a “covered employer” under the FMLA. Therefore, all municipal units are considered to…

We find ourselves living in very unusual times.  Who would have thought that a mere 3 months ago we would be entering into a period of recession based on mandatory government shut down orders designed to protect us from a novel virus?  Certainly, wasn’t on our radar and probably wasn’t on many other’s radar either.  However, as the Governor’s stay at home order has continued, there are those that are starting to question his authority…

Certain states allow the debtor to choose between their specific state exemptions and the federal bankruptcy exemptions, but Indiana is not one of those states. In Indiana a debtor must use the Indiana state bankruptcy exemptions. However, in Indiana, married couples who are filing together in joint bankruptcy are permitted to double the state exemption amounts. Two common questions/concerns for individuals who are contemplating filing for bankruptcy are: will I lose my home and will…