2020

I would like to share my story not because it is so unique, but because, I believe, it is all too common.  To set the stage, I am the next of kin for my nephew who is now serving time for a Level 4 felony of child molestation.  I will reference the 5 stages of grieving developed by psychiatrist Elisabeth Kübler-Ross: Denial, Anger, Bargaining, Depression and Acceptance. Q: As a loved one of someone charged with…

The Garrity rights/protection stems from the SCOTUS case Garrity v. New Jersey. The Garrity rights are protections only afforded to public employees. This includes federal government employees, state government employees, local government employees, and any other government agency employee. These rights are not extended to private sector employees. The Fourteenth Amendment is what extended this right from just federal employees to all other government employees. The main reason why the Garrity rights only apply to…

Often times while driving, it is tempting to pick up your phone to read or send a text message.  Starting now, people will have to fight that urge unless they want to be subject to a $500 fine.  Distracted driving is the cause of tens of thousands of accidents per year, sometimes causing serious injury or even death.  In an attempt to eliminate this problem and make for safer roadways, Governor Holcomb signed into law…

Whether it’s the complex rules of procedure, the nuanced statutory offenses, the detailed levels of crimes, and/or the harsh range of penalties as comparable to similar state crimes, the federal system was designed to be efficient, effective, and exacting. As such, if you find yourself in a situation where you are facing federal charges, it’s essential that you hire an attorney who can navigate the federal waters with a firm understanding of the policies, procedures,…

In light of recent events, mass protests have sparked up across the nation still reeling from the COVID-19 Pandemic. The death of George Floyd has prompted numerous civil rights movements in Minneapolis, Washington D.C. and even Indianapolis. Whether you’ve decided to partake in the protests or watch it unfold on television, it is no doubt a tumultuous time. Since the protests have escalated to violent occurrences, criminal charges frequently pop up as police attempt to…

Whenever the insanity defense is asserted in Indiana, the Court will appoint mental health experts to complete an evaluation of the Defendant.  The ultimate purpose of these evaluations is to determine whether the Defendant could appreciate the wrongfulness of their actions at the time the crime was committed.  If the Defendant was unable to appreciate the wrongfulness of their actions at the time the crime was committed, the conclusion is that the defendant was insane. …

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…