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…
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…
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,…
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…
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?…
When determining possible, criminal sentencing ranges and placement options at the federal level, one only look so far as the federal sentencing guidelines and the federal sentencing table. See a blog on the guidelines and sentencing table here. Here is the table as well: While the sentencing table lays out the advisory sentencing ranges that judges look to in determining the total length of the sentence to be imposed based on the crime committed, one…
What is a No Contact Order? (Ind. Code 35-26-5 and 35-26-6) Courts can impose various forms of No Contact Orders, and they can even be a necessary condition of release on bail. No Contact Orders prevent one from (as the name suggests) contacting another individual, usually in the aftermath of a domestic dispute or other interpersonal conflict. (See Ind. Code 35-33-8-3.6). In the case of a domestic dispute, individuals often do not leave their home…
There are two primary ways in which the state charges individuals with misdemeanor resisting law enforcement. Typically, resisting law enforcement is thought of in the context of a fight or a struggle with police officers. This is not always the case, as the state can also file resisting law enforcement for fleeing, or running away from the police, after the police have ordered the individual to stop. Misdemeanor resisting law enforcement cases often go to…