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…
The most common result of being convicted of a crime is receiving a suspended sentence and being required to serve a period of probation. While on probation there are numerous things the court may require a person to do. In some circumstances, there are requirements that must be ordered but, in general, in addition to fees, the following is a list of things the court MAY order. That the person: (1) Work faithfully at suitable…
Expunging DCS and CHINs cases Under Indiana law, it is not just regular misdemeanor and felony cases that can be expunged and hidden (or in some cases removed) from you record. You can also remove DCS substantiated or unsubstantiated reports of abuse and Child in Need of Services (CHINs) cases from your record. While these two types of reports and cases may not seem to have an immediate effect on you after the matter is…
When people are accused and/or convicted of an alcohol or drug based offense, often times their attorneys and/or the courts will require that that person complete an Alcohol or Substance Abuse Evaluation and Treatment. Below is a list of locations where those evaluations and classes can be found. These locations can also be utilized people that are seeking treatment unrelated to a court case or criminal charge. This by no means is an exhaustive list,…