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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…

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…

Personal injury claims arise when an individual is injured due to the negligence of another party.  Navigating through the complexities of a personal injury claim can be overwhelming, but understanding the key elements and the general process can help ease some of the stress.  In this blog, we’ll walk you through what to expect in a personal injury claim, providing you with insights into the various stages and considerations. Initial Consultation and Investigation: The journey…

We often get calls from individuals who are classified as sexually violent predators under Indiana law.  Oftentimes people are confused about why they are classified as a sexually violent predator when they were never told that at their sentencing hearing.  A person can be classified as a sexually violent predator under Indiana Code 35-38-1-7.5 if certain circumstances exist. Under Indiana Code 35-38-1-7.5(a), a sexually violent predator is defined as a person who suffers from a…

Many people call our office wondering if it’s a good idea to hire an Indianapolis criminal defense attorney before they are officially charged by the prosecutor’s office. They have a million questions about what could happen and what has already happened. The majority of those questions revolve around what a lawyer can provide during that stage of the process. This blog will address the questions here. First and foremost, having a lawyer onboard ahead of…