If you’ve been convicted of a crime in Indiana, you may be wondering if you can appeal. With some exceptions, the answer is yes. We help many people seek a “second look” at their cases by the Court of Appeals. A conviction after trial isn’t necessarily final, but failing to pursue an appeal quickly can mean the loss of the ability to do so. An appeal is initiated by filing a document called a Notice…
There are several different types of criminal offenses that can be enhanced if an individual is charged with a subsequent similar case. For example, if someone is accused of shoplifting, and the total value of the items are less than $750, the person will be charged with theft, a class A misdemeanor. If the individual is convicted, and is later charged with another shoplifting offense, the new charge will be enhanced to a level 6…
Protective Orders and No Contact Orders have certain similarities, but they are not the same. There are several significant distinctions between the two, including variations in the procedures for obtaining orders, the periods of time during which they provide protection, the restrictions they impose, and the procedures for removing them. What is a No Contact Order? (Indiana Code 35-33-8-3.6) No Contact Orders are issued by a judge through criminal cases. For instance, when there is…
When you file for a dissolution of marriage in Indiana, the Court will not grant the dissolution immediately. At minimum, at least sixty days need to pass from the date the action is initiated to the date the Court is able to finalize the dissolution. More often than not, the case will take longer than sixty days, sometimes lasting months or even longer than a year. If you and your spouse are able to navigate…
A home is someone’s most intimate and familiar place. Home is supposed to be where a person should feel safe. As such, the 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government. The Fourth Amendment stands for “the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.” Silverman v. United States, 365 U.S. 505, 511 (1961). When the…
You’ve been in a crash, and it wasn’t your fault. Maybe you just had some bumps and bruises, but perhaps your injuries were a lot worse. Either way, it won’t be too long before the insurance company is trying to get your statement and making you an offer of settlement for your injuries and other damages. The offer might sound good initially, especially if you don’t think you were hurt too badly, or money is…
A common question comes up during and after a custody case: Am I allowed to move out of state if I have custody of my kids? The answer is, not surprisingly, it depends. In Indiana, relocating when there is an ongoing custody case or following a custody case is governed by the state statutes. In the last few years, the Indiana legislature has updated the law to make the requirements on a relocating parent less…
In Indiana, “a prosecutor has the responsibility of a minister of justice and not simply that of an advocate.” Ind. R. Prof’l. Cond. 3.8 Comment 1. This means that a prosecutor’s primary responsibility is not to prosecute cases and obtain convictions, but rather to seek justice. Frequently, this does require prosecuting criminal cases and obtaining convictions. However, this does seem to give a prosecutor some wiggle-room to decide to not prosecute a criminal case because…
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.