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Obviously, when a defendant pleads guilty in a criminal case, they understand they are going to be waiving certain rights, even some constitutional protections/rights. For example, most people know or assume that when they plead guilty to a criminal offense, they waive the right to remain silent. Clearly, in order to admit guilt in open court, one must waive their right to remain silent because they have to admit to what they did, audibly. That…

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…

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:…

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…

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…

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…

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…

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,…