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Knowing how to best attack the prosecution’s case is a vital skill for any defense attorney.  As discussed previously in this blog, there are two broad types of evidence.  Typically, the state will produce either physical evidence or testimonial evidence at trial.  Both physical evidence and testimonial evidence are equally important, and it is up to either the judge or jury to determine the weight placed upon either type of evidence.  There are several cases…

The Family and Medical Leave Act (“FMLA”) is a federal statute that provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons for up to twelve workweeks of leave in a 12-month period. Any public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs is determined to be a “covered employer” under the FMLA. Therefore, all municipal units are considered to…

We find ourselves living in very unusual times.  Who would have thought that a mere 3 months ago we would be entering into a period of recession based on mandatory government shut down orders designed to protect us from a novel virus?  Certainly, wasn’t on our radar and probably wasn’t on many other’s radar either.  However, as the Governor’s stay at home order has continued, there are those that are starting to question his authority…

Certain states allow the debtor to choose between their specific state exemptions and the federal bankruptcy exemptions, but Indiana is not one of those states. In Indiana a debtor must use the Indiana state bankruptcy exemptions. However, in Indiana, married couples who are filing together in joint bankruptcy are permitted to double the state exemption amounts. Two common questions/concerns for individuals who are contemplating filing for bankruptcy are: will I lose my home and will…

As we’ve discussed in previous blogs, the current environment we are living in with COVID-19 and individuals who find themselves in custody (be in following an arrest, during the pretrial pendency of a Federal or State matter, sentenced to a term in county jail, the Indiana Department of Corrections, or the Federal Bureau of Prisons) is one where the heightened level of fear for infection is extremely real.  The numbers of people currently infected with…

COVID -19 is sending the world into a state of panic and distress, Indiana recently joined other States in releasing a Stay at Home Order. Are you wondering how this Order affects your Parenting Time and Child Support? The State of Indiana released on Monday 23rd of 2020 a Stay at Home Order. The Order states for all Hoosiers to remain at home unless it is for an essential reason. “Essential Activities” are defined as…

There are two broad categories of evidence.  Direct evidence is evidence that stands on its own to prove a fact.  Circumstantial evidence is evidence that relies on an inference to draw a conclusion of fact.  Both types of evidence are routinely presented in criminal trials.  It is crucial to have an attorney that has experience both presenting and challenging these types of evidence. Most cases involve some form of direct evidence.  The most common type…

As we continue to face uncertain times regarding the coronavirus and its effects on all facets of our daily lives, many people facing criminal charges are wondering how it might affect their criminal cases moving forward given all the social restrictions in place and government mandates (especially in the short term). While this area is changing on a daily basis, now is a good time to fill people in on where we are as of…