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September 17, 2017

Sexual Violent Predator Indiana

What is a Sexually Violent Predator in Indiana? – Despite the obvious consequences that result from a conviction for a serious crime, convictions for certain crimes also cause the offender to become labeled a sexually violent predator (SVP).  By law, a sexually violent predator is somebody “who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense.”  IC 35-38-1-7.5. Accordingly, a person convicted of a crime that causes them to be labeled as a sexually violent predator is required to register as a sex or violent offender for the rest of their life. There are several avenues by which a person becomes a SVP: 1.If the person is 18 or older […]
September 10, 2017

DCS Substantiation Indiana

Navigating the DCS Substantiation Process – The Indiana Department of Child Services (“DCS”) is an agency that is designed to protect a child’s welfare. DCS makes the initial determinations and findings on reports of alleged child abuse or neglect. They can either find a case to be “substantiated” or “unsubstantiated.” A substantiated child abuse or neglect report means a determination regarding the status of the report whenever facts obtained during an assessment of the report provide a preponderance of evidence that child abuse or neglect has occurred. An unsubstantiated report means that DCS has determined by a preponderance of the evidence that child abuse or neglect has not occurred. Burden of Proof First of all, what does “preponderance of the […]
September 3, 2017

DUI Refusal Suspensions F.A.Q.

The Most F.A.Q. Regarding DUI Refusal Suspensions: – Most people have heard by now that refusing to take a chemical test in Indiana as part of any DUI can lead to serious consequences. Some have heard that while it may result in serious consequences, you may be lucky and the officer will be too lazy to bring you in for a blood draw, and thus you avoid a DUI arrest. Regardless, the idea that you can have you license suspended to up to two years for refusing to give a chemical test is something that many people have a lot of questions about. This blog will attempt to answer the most common of those questions. What is the law in […]
August 27, 2017

Penalties for Misdemeanors in Indiana

I’ve Been Arrested for a Misdemeanor in Indiana, Now What? – For most people, when they are arrested for the first time they have committed a misdemeanor.  These are sometimes called “petty” crimes.  However, when someone has been arrested for the first time nothing seems petty and the potential penalties for a misdemeanor sound quite scary. There are three classes of misdemeanor is Indiana: Class A Misdemeanor: A Class A misdemeanor carries a penalty that ranges from 0 days in jail up to 1 year in jail.  There is also a maximum fine of $5000.00. Class B Misdemeanor: A Class B misdemeanor carries a penalty that ranges from 0 days in jail up to 180 days in jail.  There is […]
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