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Criminal cases can sometimes involve defendants that are mentally disabled, but not to the extent that they are excused for their crimes. However, the State legislature has acknowledged the fact that sometimes the Courts need more sentencing options for these types of defendants. Often, prison or other traditional sentencing options are not appropriate for a mentally disabled defendant. Defendants in this category would frequently benefit from services in the community, specifically tailored to their disability….

In Texas, misdemeanors can be expunged after a waiting period: 180 days for Class C and 1 year for Class A or B. The process includes filing a petition, attending a court hearing, and waiting for the judge’s order and record removal. This can take months, and consulting a criminal defense lawyer can help determine eligibility. Any person who has been arrested or convicted of a crime may want to have their Indianapolis criminal record…

Reasonable doubt is a legal standard in criminal cases, requiring the evidence to be so convincing that a reasonable person would not hesitate to act. This high standard protects defendants, as the prosecution must prove guilt beyond a reasonable doubt—though not to absolute certainty. In contrast, civil cases use lower standards like “preponderance of the evidence” or “clear and convincing evidence.” Anyone and everyone that has ever watched a crime show on TV can tell…

Concurrent means sentences are served at the same time, while consecutive means they are served one after another. For instance, a concurrent sentence allows someone convicted of multiple crimes to serve all punishments simultaneously. In contrast, a consecutive sentence requires serving time for each conviction sequentially. Judges decide based on factors like the severity of the crimes, the defendant’s history, and public safety. I.C. 35-50-1-2 When Defendants are sentenced in criminal cases often there are…

Operating a Vehicle While Intoxicated (OVWI) is one of the most common crimes that people are charged with.  Most of us have unfortunately made the choice to get behind the wheel after having a few drinks.  The nightmare scenario, under those circumstances, is getting pulled over and becoming the target of an OVWI investigation. While there are several steps to an OVWI investigation, arguably the most impactful occurs when the police officer offers the suspect…

In Indiana, public intoxication laws go far beyond the common perception of someone being visibly drunk in public. Under Indiana law, being charged with public intoxication isn’t just about how intoxicated you are—it’s about your behavior. You can face legal trouble if your actions while under the influence of alcohol or drugs endanger others, cause a disturbance, or even alarm someone in a public space. For those in Indianapolis, a single lapse in judgment can…

It is often said that accusations, alone, are enough to change a life — nothing shows that more than a charge of Rape. The word, standing alone, says it all. It doesn’t require any explanation, and most people make an assumption as to what it means just in hearing the word. It is then sensationalized as a headline in the news to garner clicks, but all too often people don’t really know the intricacies of…

Many people (or loved ones) call our office after being convicted of or sentenced for a crime. They want to know what, if anything, may be done to undo what has occurred or to minimize the effects.  Occasionally we receive calls from people with similar questions about various types of civil cases.  For example, decisions by a judge in a divorce case or in some other type of case are often challenged. In this blog…