Many people who have committed their first criminal offense find themselves eligible for a diversion. A diversion is an agreement between the State and a criminal defendant that essentially says, “If you pay a fee and do either some community service, or a class, the State will dismiss your case.” A diversion is almost always a good option if it is available. In most cases, you will need an attorney to negotiate this on your…
The ability to travel outside of the United States with your child is dictated by a number of factors. First and foremost, you should determine if there is a court order that covers the topic. In many instances Divorce Decrees, Paternity Decrees or subsequent orders of the Court address the parent’s ability to travel outside of the country and sometimes out of the state. In this article, we will discuss several scenarios and options for…
In the State of Indiana whenever someone is charged with an offense, they will fall into one of three categories: 1. Felony, 2. Misdemeanor, or 3. Infraction. An infraction is what most of us know as a traffic ticket. These do not carry a potential for imprisonment since they are civil matters. Rather it means you’ll pay a fine. A great example is a speeding ticket being an infraction. A felony charge is one that…
Many people have heard of depositions, but it is surprising the number of times witnesses are unfamiliar with what they are, the purpose behind them, and what is expected of them when subpoenaed for one. This blog will attempt to address the purpose of depositions in criminal cases. So, what is a deposition in a criminal case? In most counties in Indiana, in order to get a witness’ testimony, under oath, prior to trial, and…
Indiana Code 35-38-1-17, titled, “Reduction or Suspension of Sentence”, can be used to ask a Court to modify your sentence. This statute divides offenders into violent and non-violent criminals. For offenders who are considered non-violent criminals, you may petition the court at any time after you begin serving your sentence. If you are incarcerated in the Department of Corrections, the Court will also need a report regarding your conduct while imprisoned. The Court will most…
It’s well established that the United States has one of the highest divorce rates in the world with approximately 50% of first marriages ending in divorce, 60% of second marriages and 73% of third marriages. Further, the CDC estimates that 43% of children in Indiana are born out of wedlock. Throw in the statistic that most American’s move approximately 11 times in their lifetime and you have a good chance that you’re going to be…
Many people believe that juvenile delinquency records are automatically sealed or expunged once an individual reaches the age of 18. This is not the case in Indiana. While some juvenile true findings (the juvenile equivalent of a criminal conviction) are automatically expunged after a certain time period, others remain on a delinquency record unless or until an expungement petition is granted. I.C. 31-39-8-3.5 orders juvenile delinquency courts to expunge all misdemeanors from an individual’s record…
A common misconception we hear from clients is that they believed they weren’t legally required to submit to an officer’s tests while being investigated for driving under the influence. While refusing to perform the Standardized Field Sobriety Tests doesn’t automatically result in penalty, refusing to submit to a certified chemical test after a law enforcement officer reads the Indiana Implied Consent Warning carries substantial consequences. This is primarily because, as a condition of operating a…