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Hearsay is a fundamental legal concept that plays a crucial role in the justice system. It refers to the introduction of out-of-court statements or declarations as evidence in court proceedings. The rationale behind the hearsay rule is to ensure the reliability and credibility of the evidence presented, promoting fair trials and justice. In this blog, we will delve into the nuances of hearsay, its definition, exceptions, and the impact it has on legal proceedings. Definition…

Facing a personal injury case can be a challenging and overwhelming experience.  From medical bills to lost wages, the aftermath of an injury can have a significant impact on your life.  One crucial decision you’ll need to make is whether to hire an attorney to help you navigate the complexities of your personal injury case.  In this blog post, we’ll explore the factors to consider when deciding whether to seek legal representation. Understanding the Complexity:…

When a subpoenaed witness does not appear for trial, it puts the prosecution in a bind.  The defendant has the right to confront and cross examine all witnesses testifying against them.  When a witness does not appear for trial, or refuses to testify at trial, the prosecutor can be hard-pressed to get the witness’ out of court statements into evidence.  This blog will examine the two hurdles the State must overcome to use a witness’…

The Indiana Expungement statutes are complex and carry lots of caveats. To simplify them, you can start with an assumption that all criminal cases can be expunged, then you start carving out lots of exceptions. This article does not discuss the various waiting periods and other requirement necessary to get a case expunged, but rather the simple question of whether or not a particular conviction is ever expungable. Below is a table of offenses that…

Many divorcing spouses ask what mediation is and why it would be beneficial in their divorce case.  In this article, we will go over those questions and others to look at some of the advantages mediation has over other methods of finalizing a divorce case  Mediation is considered an alternative dispute resolution.  Instead of going to court and having a judge decide all of the terms of a divorce, spouses may be able to resolve…

I.C. 35-50-1-2 When Defendants are sentenced in criminal cases often there are multiple counts as part of the same case and/or multiple cases being wrapped up all at once. Whether it be by plea agreement or post-conviction at trial, the issue of consecutive (one after the other) or concurrent (running together) sentencing is often raised and becomes important. According to IC 35-50-1-2, generally speaking, unless the parties are in agreement to the contrary as part of…

Effective January 1, 2024, Indiana’s Rules of Criminal Procedure underwent a significant overhaul. The Indiana Supreme Court approved the new Rules of Criminal Procedure after a yearslong process of study, proposed rules, commentary, and deliberation by stakeholders in the criminal justice system. The new rules should be of great benefit to both criminal defendants and their attorneys, as they largely standardize practice in courts across the State of Indiana. In updating the Rules of Criminal…

Chain of Custody is a legal term of art that occasionally becomes an issue when dealing with the admissibility of evidence at trial.  Chain of custody is defined as the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of evidence.  In order to admit fungible evidence, there typically must be evidence as to the item’s chain of custody to ensure the item is what it purports to…