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June 18, 2017
Published by admin at June 18, 2017
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Indiana’s BAC Machine – One of the most common charges we see as criminal defense attorneys is the crime of operating a vehicle while intoxicated. This many times comes with the charges of Operating a vehicle with a BAC of .08 to .14 or Operating a vehicle with a BAC of .15 or more. But, where do those BAC results come from? In Indiana the primary source is a breath test machine. In today’s blog we take a closer look at the breath test machine history and use in Indiana. There is an Indiana Administrative Code that regulates and addresses how breathalyzers are operated. This Indiana Code covers who can administer these devices and how to properly do so. If […]
June 11, 2017
Published by admin at June 11, 2017
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Paternity Affidavits in Indiana – A paternity affidavit is a legal document that, “permits a man and a woman to declare, under penalty of perjury, that the man is the biological father of a child”. Paternity affidavits are not required to prove paternity when a child is born during a marriage or within 300 days of a divorce. In those situations, the husband of the biological mother is presumed to be the biological father of the child. For situations where the biological parents of a child are not married, a properly executed paternity affidavit can give rights to the father without a court order. The first method is to complete the paternity affidavit at the hospital within 72 hours of […]
June 4, 2017
Published by admin at June 4, 2017
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Carrying and handgun in Indiana: A Police Officer’s Right to Search – May 9, 2017 the Indiana Supreme Court made a ruling in the case of Thomas Pinner v. State of Indiana under case number 49S02-1611-CR-610, holding that the sole fact a person has a gun is not a sufficient reason for the person to be stopped and searched. In February 2015, a taxi driver called the police after a man and a woman got out of his cab because when they exited, the man dropped a handgun which caused the cab driver to fear that he was going to be robbed. The cab driver described the couple as “a black male wearing a blue jacket with a black female […]
May 28, 2017
Published by admin at May 28, 2017
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Criminal Diversions in Indiana – So you have been charged with a low level felony or a misdemeanor and you absolutely cannot have a conviction on your record, now what? A diversion or deferral might be something that could work for you depending on a number of factors. The law in Indiana (IC 33-39-1-8) provides that those who have committed low level crimes or are first time offenders are sometimes able to dismiss their charges. This is called a diversion and is available at the Prosecutor’s discretion. A prosecuting attorney may withhold prosecution against an accused person if: (1) the person is charged with a misdemeanor, a Level 6 felony, or a Level 5 felony; (2) the person agrees to […]