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,…
As a parent, a difficult question is posed when the summer months roll around over how parents in separate households will schedule summer parenting time. Pursuant to the Indiana Parenting Time Guidelines, summer vacation begins the day after school is let out for summer break and ends the day before the new school year is back in session. How is summer parenting time decided? Summer parenting time is dictated by your Court Order. Oftentimes, but…
Facing criminal charges of any type can be scary and life-altering. There is the risk of incarceration, fines, or other loss of liberty. However, when a person finds himself or herself in the crosshairs of the federal government, the associated concern often grows. The federal government has a reputation for pursuing and often obtaining significant sentences, usually exceeding what equivalent state laws may call for. This is among the many reasons it is crucial to…
Almost every client we have had at our firm asks whether there is a “trial tax” if they decide to take their case to trial and lose. Put more simply, they want to know if their punishment will be harsher if they lose after trial. While the obvious answer is, “there shouldn’t be a trial tax and constitutionally there cannot be,” the truth isn’t quite so straight forward. Knowing this can drastically change a defendant’s…
Traditionally, under Indiana Law, even though your case was dismissed or you were acquitted at trial, you still need to petition the court for expungement to clear that case from your record. However, the Indiana Legislature recently enacted new law that provides for automatic expungement of certain records. If your case was filed after June 30, 2022, and did not result in a conviction for any reason, you are entitled to expungement 60 days after…
As a general rule, the State has one year from the date charges are filed, or from the date an arrest is made (whichever is later) to bring someone to trial. Rule 4 of Indiana Criminal Procedure specifies circumstances in which individuals can be released from custody and how their cases can be dismissed when a prolonged delay is attributable to the State. Subsection (A) of Rule 4 addresses defendants in jail specifically. This portion…