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Introduction: In today’s blog, we delve into a crucial aspect of criminal law that has shaped the landscape of individual rights—the Miranda warnings. Named after the landmark 1966 Supreme Court case Miranda v. Arizona, these warnings have become synonymous with protecting individuals’ constitutional rights during interactions with law enforcement. This blog post aims to unravel the significance of Miranda warnings in a criminal case and their role in safeguarding the rights of the accused.  Understanding…

The vast majority of criminal sentences in Indiana result in the Defendant being placed on probation. For example, you will commonly see misdemeanor cases where the sentence is “365 days in jail, all suspended to be served on probation.” What this boils down is one year of probation, with up to a year served in jail if you violate your probation. Probation always comes with a long set of rules and they can vary from…

Indiana law allows evidence to be introduced at trial of prior acts of violence perpetrated by the alleged victim on the defendant. Indiana labels this defense as “effects of battery.” “Effects of battery” is defined as “a psychological condition of an individual who has suffered repeated physical or sexual abuse inflicted by another individual who is the victim of an alleged crime for which the abused individual is charged in a pending prosecution.” IC 35-31.5-2-109….

Motor vehicle accidents can be frightening and overwhelming experiences.  In Indiana, like in most states, it’s crucial to know the necessary steps to take following an accident to protect your well-being, your legal rights, and ensure a smooth claims process.  Perhaps you think you already know the answer to this question.  We will list the items, followed by a more detailed description of what you should do. Your safety and the safety of others involved…

Going to court can be an uncomfortable and intimidating experience for many people.  Not only have most people who are going through a divorce never been in a courtroom in their life, but being in a formal setting being questioned by another attorney and having a judge make a ruling that will impact divorce spouse’s children and finances can make for an uneasy situation. Luckily, there are options available to help avoid divorcing spouses from…

If you have picked up a new criminal case that is a very scary and daunting event.  You are worried about your freedom, your right to bear arms, if you’re facing a felony having a record that will greatly limit you; overall it is just a very stressful and frightening situation.  One of the more difficult decisions you will have to make is how to resolve your case.  That can be by a plea agreement,…

There has been much discussion lately regarding the upcoming November 1, 2023, effective date of Amendment 821 to the Sentencing Guidelines. While this amendment is not yet effective because it remains with Congress for a 180-day review period ending November 1, 2023, if Congress fails to act to disapprove the amendment by that date it will become effective. It’s expected that Amendment 821 will become effective, and it will give District Court Judges authority to…

Whether it is Morgan & Morgan, The Hammer, Keller & Keller, Hensley Legal, etc., Indiana residents are constantly and incessantly bombarded by personal injury attorneys with commercials, social media ads, and billboards. With overly dramatic commercials and/or flashy billboards, large firms are hoping to use market saturation to lure prospective clients in as quickly as possible while touting their stats, their self-perceived reputation in the industry, and the size of their firm. But, is the…