2020

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Breaking Down Common Local Government Issues: the FMLA, FFCRA, EFMLEA, and EPSLA

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…

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What Authority Does the Indiana Governor Have to Issue the Stay at Home Order

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…

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What you can protect during a bankruptcy?

What you can protect during a bankruptcy?

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…

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Federal and Indiana State Considerations for Incarcerated Persons During the COVID-19 Pandemic

Federal and Indiana State Considerations for Incarcerated Persons During the COVID-19 Pandemic

As we’ve discussed in previous blogs, the current environment we are living in with COVID-19 and individuals who find themselves in custody (be in following an arrest, during the pretrial pendency of a Federal or State matter, sentenced to a term in county jail, the Indiana Department of Corrections, or the Federal Bureau of Prisons) is one where the heightened level of fear for infection is extremely real.  The numbers of people currently infected with…

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How Do the COVID-19 Restrictions Affect Parenting Time and Child Support?

How Do the COVID-19 Restrictions Affect Parenting Time and Child Support?

Posted in On March 25, 2020

COVID -19 is sending the world into a state of panic and distress, Indiana recently joined other States in releasing a Stay at Home Order. Are you wondering how this Order affects your Parenting Time and Child Support? The State of Indiana released on Monday 23rd of 2020 a Stay at Home Order. The Order states for all Hoosiers to remain at home unless it is for an essential reason. “Essential Activities” are defined as…

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A Discussion About Trial Evidence

A Discussion About Trial Evidence

There are two broad categories of evidence.  Direct evidence is evidence that stands on its own to prove a fact.  Circumstantial evidence is evidence that relies on an inference to draw a conclusion of fact.  Both types of evidence are routinely presented in criminal trials.  It is crucial to have an attorney that has experience both presenting and challenging these types of evidence. Most cases involve some form of direct evidence.  The most common type…

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How Will the Coronavirus Affect my Criminal Case?

As we continue to face uncertain times regarding the coronavirus and its effects on all facets of our daily lives, many people facing criminal charges are wondering how it might affect their criminal cases moving forward given all the social restrictions in place and government mandates (especially in the short term). While this area is changing on a daily basis, now is a good time to fill people in on where we are as of…

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How It Is Possible to be Convicted of Murder Without Killing Anyone

How It Is Possible to be Convicted of Murder Without Killing Anyone

The statute defining murder is very simple in Indiana.  In order to convict someone of murder, the State must prove that: The Defendant; Knowingly; Killed; Another person. Can You Be Charged With Murder if You Never Killed Someone? This is by far the most common method in which individuals are charged with the intentional killing of another.  It is important to understand, however, that it is possible to be charged with murder even if you…

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