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Felony? Misdemeanor? Infraction? What Does It All Mean?

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…

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Depositions in Criminal Cases

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…

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Sentence Modification

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…

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I’m Moving with my Child in Indiana

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…

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What is the Juvenile Delinquency Expungement Process in Indiana?

What is the Juvenile Delinquency Expungement Process in Indiana?

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…

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Indiana’s Implied Consent Law & What Happens If I Refuse Breathalyzer in a DUI Stop?

Indiana’s Implied Consent Law & What Happens If I Refuse Breathalyzer in a DUI Stop?

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…

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What to Expect when Entering Home Detention in Marion County, IN

Many people prefer home detention/house arrest to jail, but then come to realize there is hardly any information regarding what to expect both online and from your attorney themselves. This leads to uncertainty and even possibly fear, fear of the unknown and fear of the potential difficulties you may consider when it comes to what you are allowed to do and what may lead to a violation. Coming from someone who has experienced it themselves,…

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Jury Nullification vs Article I, Section 19

Article I, Section 19 of the Indiana Constitution provides “[i]n all criminal cases, whatever, the jury shall have the right to determine the law and the facts.”  This would appear to be straight forward, but despite the short provision, there has been constant debate over what exactly this means a jury can or cannot do. Many individuals believe that this provision would allow what is known as “jury nullification” or the idea that a jury…

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