Can I Get My Record Expunged Yet? Several times throughout the day we talk with prospective expungement clients who are not quite ready, according to statute, to get their case(s) expunged. Although the expungement statute is clear in regards to the time frames of what can be expunged and when, there is some wiggle room the statute allows for the prosecutor to waive the time frames involved. If your case was dismissed (via diversion, prosecutor…
Child exploitation and pornography arrests are becoming more and more common, unfortunately, and as a result, our law firm receives dozens of calls a month or more about the subject. As such, we thought it appropriate to discuss the laws governing child pornography, the possible punishments, and possible defenses. Should you or a loved one face an allegation as serious as possession, distribution or child exploitation tied to child pornography, it is essential you contact…
What is the Crime of Corrupt Business Influence in Indiana? Indiana has a criminal statute that goes by a weird name. The statute that is being filed with more regularity is the crime of corrupt business influence. The statute was designed to punish longstanding corrupt criminal business practices that didn’t fit into a different type of crime. The corrupt business influence statute reads as: A person: (1) who has knowingly or intentionally received any proceeds directly…
You got convicted of a crime, it’s all over, right? Not exactly. If you take a matter to trial and are convicted you have a constitutional right to appeal that conviction. While there are many different manners and ways you can take a matter up on appeal in a criminal case, the general concept is easiest to understand post-conviction. We are just going to cover the basics of the appeals process and the typical standards…
A civil forfeiture action is a case filed by the State of Indiana against an individual who stands accused of certain criminal offenses. The case filed is civil in nature and completely separate from the criminal proceedings that might be brought against the individual. This type of case is filed when the State of Indiana is seeking the forfeiture of property that has been used to facilitate illegal drug activity or other criminal act. The…
Whenever you are on probation, it is essential that you follow all the rules of probation. We all know that, right? As one local judge likes to say, “there is no condition of probation that is unimportant, a violation can be filed for any violation, regardless of how small they may seem.” Amazingly, despite this advice, many people wrongfully think that there are certain conditions they can violate and even if they get caught, nothing…
Winter time is almost over, and an important deadline is quickly approaching. If you were granted parenting time pursuant to the Indiana Parenting Time Guidelines (the “Guidelines”) then the time is upon you to start thinking about what parenting time you will be exercising with your kids during the summer months. Pursuant to the Guidelines, April 1st is the deadline that the non-custodial parent has to notify the custodial parent of the parenting time that…
The purpose of bail is to assure that a defendant will appear for court hearings as well as trying to assure public safety all the while balancing the concept that a person is innocent until proven guilty. In many circumstances, once an individual was arrested, they would have to remain in custody unless they were able to pay a certain amount of money in exchange for their release. This concept obviously presents a fairness issue…