July 2021

As most everyone knows, if you are charged with a felony in Indiana, you are guaranteed a jury trial. In fact, it is such a fundamental right, it is established as a matter of course when your felony case is charged at your initial hearing — you will be given a date for your jury at that hearing, whether you want one or not. It is assumed the case will be going to jury trial…

From time to time, we received calls asking questions about the defense of duress.  In Indiana, duress is an affirmative defense defined by statute.  An affirmative defense provides a legal justification for one’s actions. A successful defense of duress establishes a lack of criminal culpability for otherwise criminal acts.  The fact that the criminal act occurred is conceded, but the argument is that there was a justifiable reason why the defendant committed the act.  This…