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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…

If you have been arrested or charged with a crime you may be wondering what are the different options my attorney may have to defend me in my case.  In today’s blog we look at some of the most common defenses utilized in defending against a criminal charge. These are some of the most commonly used defenses, however this list is not exhaustive.  If you or a loved one has been charged with a crime…

Indiana Code 34-26-5-2 outlines the requirements for obtaining a protective order, also known as a restraining order, in Indiana.  Protective orders are legal orders issued by a court to protect individuals who have experienced domestic or family violence against a: A parent, guardian, or another representative may file a petition for an order of protection on behalf of a child against a: To obtain a protective order under Indiana Code 34-26-5-2, the petitioner must file…

In almost any civil or criminal case, you have the right to a trial. There are two types of trial: bench and jury. This is a major decision that can make the difference between winning and losing a case. A bench trial is where the Judge evaluates the evidence and determines which party wins. A jury trial is where a jury of local residents decide who wins. Most people assume that all trials are held…

In paternity cases and dissolution of marriage cases involving unemancipated children, your court will likely order that one of the parents will have to pay child support to the other parent.  However, as with most child related issues, child support can be modified.  And so, when can that be accomplished? In Indiana, child support can only be modified in two circumstances.  One is when there has been a substantial change of circumstances that is continuing…

If you have been charged with a crime, especially a more serious crime, then the process of the criminal case has just gotten started.  Once charges are filed there are many times a number of delays or continuances of court dates, mostly because the attorneys are engaged in a process called discovery.  This blog takes a look at what discovery is and how it works in a criminal case. In most jurisdictions in Indiana the…

If you’ve been convicted of a crime in Indiana, you may be wondering if you can appeal.  With some exceptions, the answer is yes.  We help many people seek a “second look” at their cases by the Court of Appeals.  A conviction after trial isn’t necessarily final, but failing to pursue an appeal quickly can mean the loss of the ability to do so. An appeal is initiated by filing a document called a Notice…

Anyone and everyone that has ever watched a crime show on TV can tell you that the standard of proof in any criminal case is “Beyond on a Reasonable Doubt.” Most people, intuitively, think they know what that means — until they actually stop to think about it. It is one of those phrases we all know innately (much like Miranda), and yet we all think we understand it until we are placed on a…