August 2023

If you or someone you know has been charged with a federal crime, you are probably concerned about the potential for a lengthy sentence.  Some federal offenses, such as Brandishing a Firearm During and in Relation to a Crime of Violence, carry statutory mandatory minimum sentence.  For the Brandishing offense, Congress has imposed a mandatory minimum sentence of seven (7) years.  The maximum sentence is life.  Other federal offenses, such as Wire Fraud, carry no…

In criminal law, almost everyone realizes that police officers cannot search people or places on a hunch without probable cause or a search warrant. Part and parcel to this common knowledge is the expectation from the average person that in order to search a person or property the police should be required to have a warrant. And, while that is true for many situations, what most people don’t realize is that there is a myriad…

For any defense attorney that practices criminal law around the State of Indiana, there are unique differences to each County, especially when it comes to how quickly they receive discovery. Often, some of the State’s busiest counties experience significant delays in providing discovery. The classic examples are an OVWI case where the State takes more than a year to provide lab results, or a shooting case where the State takes more than a year to…

Sentence modifications exist to reward good behavior for those serving sentences.  As a practical matter, sentence modifications allow offenders to have a second chance in a less restrictive environment.  However, modifications for offenders serving sentences for violent offenses have been extremely difficult to come by.  IC 35-38-1-17 governs sentence modifications in Indiana.  The statute defines “violent criminals” as any person that is convicted of murder, attempted murder, voluntary manslaughter, involuntary manslaughter, reckless homicide, aggravated battery,…