Our Blog

click for a free consultation
2020 Changes to the Indiana Specialized Driving Privilege and Hardship License Law

2020 Changes to the Indiana Specialized Driving Privilege and Hardship License Law

Under Indiana Law, courts may order the suspension of a person’s driving privileges in lieu 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. 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, an individual who seeks specialized…

Read More
What is the Indiana Risk Assessment System or IRAS?

What is the Indiana Risk Assessment System or IRAS?

When people are being sentenced to a state crime in Indiana to a Level 6 or higher, many times courts will order what is referred to as a Pre-Sentence Investigation or “PSI.” For a closer look at what is contained within a PSI, please click here . Within that PSI, towards the back of the packet, defendants will see a bar chart that has different levels of risk listed, broken down by category, as follows:…

Read More
What is the Difference Between Competency and Sanity?

What is the Difference Between Competency and Sanity?

An area of law that is often confused is the concept of competency to stand trial versus insanity.  While these two concepts are often related, they have much different meanings in the context of a criminal case. Competency to Stand Trial Competency to stand trial is a very minimal standard.  A defendant is not competent to stand trial when he is unable to understand the proceedings and assist in the preparation of his defense.  If…

Read More
A question and answer perspective of a family member whose loved one is facing a sex crime and jail

A question and answer perspective of a family member whose loved one is facing a sex crime and jail

I would like to share my story not because it is so unique, but because, I believe, it is all too common.  To set the stage, I am the next of kin for my nephew who is now serving time for a Level 4 felony of child molestation.  I will reference the 5 stages of grieving developed by psychiatrist Elisabeth Kübler-Ross: Denial, Anger, Bargaining, Depression and Acceptance. Q: As a loved one of someone charged with…

Read More

The Garrity Rule and Government Employees

The Garrity rights/protection stems from the SCOTUS case Garrity v. New Jersey. The Garrity rights are protections only afforded to public employees. This includes federal government employees, state government employees, local government employees, and any other government agency employee. These rights are not extended to private sector employees. The Fourteenth Amendment is what extended this right from just federal employees to all other government employees. The main reason why the Garrity rights only apply to…

Read More

An Overview of Indiana’s Hands Free Driving Law

Often times while driving, it is tempting to pick up your phone to read or send a text message.  Starting now, people will have to fight that urge unless they want to be subject to a $500 fine.  Distracted driving is the cause of tens of thousands of accidents per year, sometimes causing serious injury or even death.  In an attempt to eliminate this problem and make for safer roadways, Governor Holcomb signed into law…

Read More
Reading and Understanding the Federal Sentencing Guidelines

Reading and Understanding the Federal Sentencing Guidelines

Whether it’s the complex rules of procedure, the nuanced statutory offenses, the detailed levels of crimes, and/or the harsh range of penalties as comparable to similar state crimes, the federal system was designed to be efficient, effective, and exacting. As such, if you find yourself in a situation where you are facing federal charges, it’s essential that you hire an attorney who can navigate the federal waters with a firm understanding of the policies, procedures,…

Read More
What Could I Get Arrested For at a Protest?

What Could I Get Arrested For at a Protest?

In light of recent events, mass protests have sparked up across the nation still reeling from the COVID-19 Pandemic. The death of George Floyd has prompted numerous civil rights movements in Minneapolis, Washington D.C. and even Indianapolis. Whether you’ve decided to partake in the protests or watch it unfold on television, it is no doubt a tumultuous time. Since the protests have escalated to violent occurrences, criminal charges frequently pop up as police attempt to…

Read More