A longtime tenant of the American judicial system is that every individual is entitled to a fair and impartial jury trial. Over the history of the nation’s existence, the Supreme Court has illuminated what a “fair and impartial” jury trial means, and what rights for criminal defendants are protected under the United States Constitution. This blog will examine how the case of Batson v. Kentucky has broadened the scope of what a fair jury trial…
When the founders of our country wrote the Constitution and the Bill of Rights, photos did not exist, audio and video recordings did not exist, GPS did not exist, and everything written was on a physical piece of paper. As technology has developed over the past 250 years, Courts have sometimes struggled to take the 4th Amendment language, written in the late 18th century, and apply it to modern society. One more recent application is…
Indiana is a no-fault state, meaning that you can get a divorce in the state without the necessity of proving there was fault by either spouse. That being said, when you’re dealing with custody of children, whether that be as part of a dissolution of marriage, post-dissolution of marriage, or in a paternity proceeding, various factors that would not be relevant for a divorce can be relevant in the Court’s determination of which parent should…
Jury trials are often dramatized on television and in movies. The plot of several popular TV shows revolves around the courtroom drama between prosecutors, witnesses, defense attorneys, and judges. The accuracy of the portrayals of jury trials varies from show to show. In a general sense, here is how “real life” jury trials unfold in Indiana. The first day of all jury trials start with jury selection, commonly referred to as voir dire. Voir dire…
Almost every single day our office receives calls from people charged with crimes involving victims on the other side. Just as often, the accused will say to us, “the victim doesn’t want me charged, but I got arrested and charged anyways, why?” Or, “the victim asked the prosecutor to dismiss the charges, but the prosecutor won’t, why?” The simple and straightforward answer is one that people don’t want to hear and often don’t understand. If…
In a family law case in Indiana – many different types of professionals can be involved with your family. Below, we will attempt to identify the types of professionals, what they do, what you can expect, and how they impact your case. Guardian ad litem A guardian ad litem in a custody case is typically a lawyer appointed by the Court that is tasked with gathering facts and representing a child’s best interest to the…
Should I Hire an Expert Witness for my Criminal Case? The most common form of evidence in criminal trials is lay witness testimony. Typically, the state will call witnesses to the stand that personally observed an alleged crime. Prosecutors will ask the witness what the witness observed, heard, or perceived. The factfinder (judge or jury) will then place whatever weight they deem appropriate on the witness testimony in conjunction with the other evidence presented at…
You have been charged with a crime. It is probably one of the most stressful times you have ever had in your life. You may have just spent a miserable night or two in jail and are completely exhausted. However, now you have a very important decision to make. Who should I hire as my criminal defense attorney? In this blog we will list 10 questions you should ask when talking to a potential attorney…