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When a defendant pleads guilty to any crime in the State of Indiana, they either must be informed in writing, in person, or by video of the constitutional rights they waive by pleading guilty. That’s an important step in someone taking responsibility for their actions, as the United States and Indiana Constitutions demand a complete understanding of what you are entitled to in your defense. And, thus, when you plead guilty, you are waiving the…

In Indiana, and many other states for that matter, when someone is charged with murder they are normally held without bond.  This generally seems inconsistent with a system that presumes someone is innocent.  Being held in jail pending trial when you know you have been wrongfully charged can be incredibly frustrating, many times leading to severe bouts of depression. I.C. 35-33-8-2 states, “Murder is not bailable when the proof is evident or the presumption is…

A detective wants to meet with me, police want me to make a statement, the police called me in for questioning; these are just some of the questions we often get from individuals under investigation. Or possibly you have already had that meeting and made a statement you now need to know the implications of. This article will take a look at confessions, the protections the US and Indiana Constitutions provide, and the different scenarios…

General Habitual Offenders (IC 35-50-2-8) Convicted of: Murder, Level 1, Level 2, Level 3, and Level 4 Felonies Habitual Eligible If: (1) Defendant has two prior unrelated felonies, AND (2) At least one prior is not a Level 6 or D-Felony Sentencing Range: 6-20 years Convicted of: Level 5 Felony Habitual Eligible If: Defendant has two prior unrelated felonies, At least one prior is not a Level 6 or D-Felony Defendant has a prior Level…

Sometimes when you are being investigated for a crime and the police have some questions as to whether or not you are responsible for what they are investigating, they may ask you to take a polygraph (lie detector) test.  In answering the question as to whether you should take it or not we should first take a closer look at them and what they truly measure. Lie Detectors Don’t Detect Lies Essentially polygraph tests measure…

We have all heard the old tale of the elderly rich person that decides to leave his/her fortune to their pet instead of their children inevitably resulting in the largest twist of some terrible movie or television. Well, if you have seen that you may have wondered to yourself if those pets could actually have inherited the money left to them by the will, so does Fido get to become the richest pooch on the…

On Tuesday November 8, 2018, Voters in the State of Michigan approved the legalization of recreational marijuana.  While the sales side of things will take some time for the State of Michigan to get set up, there are a number of potential collateral criminal issues that Hoosiers need to be aware of should you decide to take advantage of the legalization during a trip to Michigan or any other similar state. Marijuana is illegal in…

It is a common misconception that juvenile records disappear, whether sealed or automatically expunged, when an individual turns 18. Unfortunately, that is not the case in a wide variety of scenarios. This article will look into what records are available, who can obtain those records, how juvenile delinquency records can affect someone, and what you can do to try and make sure those records are sealed so you or your child will not face the…