Most people realize that when you are serving a suspended sentence on probation that if you violate the terms of that probation, the State of Indiana can go after you for some (or all) of that suspended time. However, most people don’t realize the nuances of when the petition to revokes can be filed and what the possible outcomes are if a violation is proven. This blog will discuss both in detail. According to IC…
Entrapment is an affirmative (or complete) defense to criminal charges. While the state must always prove its case beyond a reasonable doubt, the evidentiary burden is on the defense to prove by a preponderance of the evidence that he/she was entrapped by the government into committing a criminal act. In Indiana, the defense of entrapment is defined by IC. 35-41-3-9. It reads: It is a defense that: The prohibited conduct of the person was the…
When someone dies and it’s at the hands of another person, unless the killing was justified, the person committing the killing will normally be charged with a crime. Frequently in the news we hear someone being charged with first degree murder or murder in the third degree. In short to answer the question posed in this blog, no, Indiana does not have “degrees” of murder, but it does have a few different crimes someone can…
Prior to 2021, Indiana did not prohibit the placement of juvenile arrestees in adult jails before trial proceedings. A juvenile arrestee may have been held with adult offenders, exposing them to adult jail conditions which may have long-lasting impacts on the juvenile. In response to the Juvenile Justice and Delinquency Prevention Act of 2018, Indiana added a new statute addressing pre-trial detention of juvenile arrestees that became effective July 1, 2021. The Juvenile Justice and…