February 2023

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Can I Move If I Have Custody Of My Kids

A common question comes up during and after a custody case:  Am I allowed to move out of state if I have custody of my kids?  The answer is, not surprisingly, it depends.  In Indiana, relocating when there is an ongoing custody case or following a custody case is governed by the state statutes. In the last few years, the Indiana legislature has updated the law to make the requirements on a relocating parent less…

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Prosecutor Discretion in Indiana

Posted in On February 15, 2023

In Indiana, “a prosecutor has the responsibility of a minister of justice and not simply that of an advocate.” Ind. R. Prof’l. Cond. 3.8 Comment 1. This means that a prosecutor’s primary responsibility is not to prosecute cases and obtain convictions, but rather to seek justice. Frequently, this does require prosecuting criminal cases and obtaining convictions. However, this does seem to give a prosecutor some wiggle-room to decide to not prosecute a criminal case because…

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What Rights Do I Have as a Passenger During a Traffic Stop?

The Fourth Amendment to the United States Constitution states that every citizen shall enjoy the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” While this right applies to passengers and drivers during a traffic stop, you have slightly different rights and responsibilities as a passenger. While the police have the authority to ask for the driver’s identification during a traffic stop, they don’t have that same authority…

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What Happens if You’re Subpoenaed for a Deposition?

Being subpoenaed for a deposition can be a nerve-wracking experience that you may be called in for if you are a victim of a crime, witness to a crime, or if you (or a loved one) is somehow involved in a criminal case. This can be stressful but there are a few things to keep in mind that will not only make it an easier experience for you, but also keep yourself protected as well….

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