2022

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Jury Nullification vs Article I, Section 19

Article I, Section 19 of the Indiana Constitution provides “[i]n all criminal cases, whatever, the jury shall have the right to determine the law and the facts.”  This would appear to be straight forward, but despite the short provision, there has been constant debate over what exactly this means a jury can or cannot do. Many individuals believe that this provision would allow what is known as “jury nullification” or the idea that a jury…

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Indiana Mother’s can Terminate the Parental Rights of a Rapist

Twenty-two states have abortion bans that would become law almost immediately if Roe V. Wade is overturned. Many of these state bans contain no exceptions for rape or incest survivors.  While Indiana is not one of the States with “trigger laws”, there has been strong indications that Indiana would move fast toward implementing abortion laws.  Whether or not, Indiana will contain a provision for an exception of rape or incest survivors, is unknown.  So, what can…

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Operating a Vehicle While Intoxicated Causing Endangerment

Most people realize that when you drive while intoxicated with a BAC over a .08 in Indiana you can be charged with Operating a Vehicle While Intoxicated as a Class C misdemeanor. Many also realize you can face a Class A misdemeanor for submitting a blood result over .15. Further still, many know that if you have priors or if the facts are particularly bad (minors involved, injuries, etc.) you can easily get into the…

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Second Crack at an Infraction or Ordinance Violation

Many people who receive traffic infractions or ordinance violations find that they don’t have much of an opportunity to actually contest them. Most of the time, the cost of an attorney is significantly higher than just paying a ticket, so drivers will pay the ticket and move on, even if they don’t agree with the ticket. In traffic cases, you have a short window within which to pay the ticket or face a license suspension….

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Can I Trust the Reviews I Read on Lawyers?

In the world we all live in, we live and die by the internet — no doubt. When we need to buy things, where do we turn? Inevitably, the internet. Be it Amazon, Walmart, or Google, we are turning to things we see online for answers. The days of shopping in person are slowing dying like tape cassettes, CD’s, and telephones with chords. Part and parcel to this consumer process, often we are looking for…

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House Bill 1296 – Is it now Legal to Carry a Handgun in Indiana without a Permit?

On March 21, 2022, Governor Holcomb signed into law House Bill 1296, which allows individuals to carry a handgun in public without a permit in Indiana.  This law will take effect on July 1, 2022.  Prior to this law, individuals in Indiana were prohibited from carrying a handgun on their person or in their vehicle without having a valid handgun license. The amended statute governing the carrying of a firearm in Indiana is found under…

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Understanding Credit Time in Criminal Cases

Whenever someone is sentenced in a criminal case in Indiana, the Court takes great concern to appropriately and accurately apply any credit time the defendant is afforded when carrying out the formal sentencing. No one should ever serve more time for any offense beyond what the level of offense requires minus the time they have already served while awaiting trial— otherwise, a defendant can serve a longer sentence than is necessary and constitutionally allowed. So…

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Indiana Spousal Maintenance Laws

Many people going through separation and divorce are familiar with child support and orders for health care, uninsured medical expenses, etc. for their children.  Fewer are aware of the ability of the trial court to order one spouse to continue to support another spouse.  While Indiana laws do not provide for Alimony, per se, they do provide for instances where one spouse may have been incapacitated or need additional time to re-enter the workforce at…

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