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Constitutional Rights you Waive When you Plead Guilty

Posted in On May 2, 2021

Every single guilty plea around the State of Indiana typically looks relatively the same. While each judge conducts the hearings slightly different and pleas may read differently. There are certain things that must be included in any plea agreement, regardless of the level, and irrespective of the penalty agreed to. More specifically, when someone is pleading guilty, they must demonstrate an understanding of what they are pleading to, the range of penalties they are facing,…

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I Wasn’t Read My Miranda Rights, So Shouldn’t My Case be Dismissed?

From time to time, we receive calls from people that have recently been arrested and have concerns about the arresting police officer not reading them their rights.  These people are referencing what is commonly referred to as the “Miranda Warning.”  As far as answering whether or not a case should be dismissed because the police failed to give the Miranda Warning—-the answer is…..it depends. Popular television shows have educated the public about the Miranda Warning. …

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Legal THC in Indiana – Delta-8

What is Delta-8 THC? Delta-8 tetrahydrocannabinol (THC) (“Delta-8”) is a psychoactive cannabinoid found in marijuana and hemp. Like Delta-9 THC (the federally regulated psychoactive agent in cannabis), Delta-8 gives the user a “high” reported as being similar in effects to Delta-9 THC but with more “clear-headedness” and less anxiety and paranoia. Delta-8 is not present in hemp or marijuana in significant quantities. As a result, it’s generally synthesized or extracted in a lab to produce…

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Double Jeopardy in Criminal Cases

Most of us have heard the phrase “double jeopardy” and the general concept is pretty simple to understand: You cannot be prosecuted or punished for the same offense twice.  This prohibition is found in the Fifth Amendment to the United States Constitution, Article I, Section 14 of the Indiana Constitution and is actually codified under Indiana Code (“IC”) 35-38-1-6 that a trial court may not enter judgement of conviction and sentence for both an offense…

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Pleading Open on a Criminal Case

Often times, when you are facing a criminal offense, prosecutors will offer to allow you to plead guilty to a certain count, dismiss the rest of the charges, with an agreement as to what the penalty will be. Typically this occurs in close to 90%+ of cases. Usually the parties come to an agreement, the plea agreement is entered into knowing what the penalty is in advance (or within a certain range), and the parties…

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Specialized Driving Privileges on Refusal Suspensions in Indiana

Getting Specialized Driving Privileges Under Indiana Law, courts may order the suspension of a person’s driving privileges in place of criminal charges or an ongoing investigation. Indiana drivers whose licenses have been suspended by the Indiana Bureau of Motor Vehicles or a court may petition to obtain a Specialized Driver’s Privilege (SDP). Specialized Driving Privileges allow Indiana residents to drive for specific purposes while their Indiana driver’s license is suspended. Under Ind. Code § 9-30-16-3,…

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Reducing a Felony Conviction to a Misdemeanor

Having a felony on your record can pose significant challenges.  A felony can hinder a person’s ability to find work as well as their ability to find a place to live.  Clearly, being charged with a felony is a big problem that can have life altering consequences.  The ability to get a felony reduced to a misdemeanor is a huge opportunity, as misdemeanors do not carry nearly the weight of felony convictions.  Luckily, there are…

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Indiana Red Flag Laws (Jake Laird Law)

What is a “Red Flag” Law? Many states, including Indiana, have passed legislation commonly known as a Red Flag law. Generally, these laws allow a court to seize firearms from a person deemed dangerous to themselves or others. The Indiana Legislature passed the Jake Laird Law in 2005 and amended it in 2019. The law allows law enforcement to seize firearms from a person deemed dangerous or suffering from mental illness. Who is considered dangerous?…

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