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What is a “Vehicle” for Purposes of the OVWI Statute in Indiana?

Operating a Vehicle While Intoxicated (OVWI) is one of the most frequent crimes charged in Indiana.  While it is never a good idea to get behind the wheel after drinking alcohol to the point of intoxication, many people think that motorized scooters or bicycles are a safe, legal way to get home after a day (or night) of drinking.  The question becomes, then, is it possible to get an OVWI on a scooter or bicycle? …

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What You Should Know About Auto Insurance Coverages

Automobile insurance is a critical aspect of our lives, providing financial protection in the event of accidents and personal injury.  However, a common concern among policyholders and those affected by accidents is the low insurance limits that automobile carriers offer.   Understanding Insurance Limits First, what are insurance limits?  Insurance limits refer to the maximum amount of money an insurance company will pay for a covered claim.  In the context of automobile insurance, these limits…

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Can I Get Grandparent Visitation with My Grandkids?

Parents in divorce cases or in a paternity case generally will receive an order from the court that outlines what their parenting time (commonly known as visitation) with their children will be.  But what about grandparents?  Are grandparents entitled to seek a court order to permit them to receive a visitation schedule with their grandchildren?  What Situations Enable a Grandparent to Seek Visitation? In Indiana, grandparents are permitted to seek visitation rights in three separate…

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How do the Federal sentencing guidelines work?

Posted in On August 24, 2023

If you or someone you know has been charged with a federal crime, you are probably concerned about the potential for a lengthy sentence.  Some federal offenses, such as Brandishing a Firearm During and in Relation to a Crime of Violence, carry statutory mandatory minimum sentence.  For the Brandishing offense, Congress has imposed a mandatory minimum sentence of seven (7) years.  The maximum sentence is life.  Other federal offenses, such as Wire Fraud, carry no…

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When are Warrants Required and When are Warrantless Searches Allowed?

In criminal law, almost everyone realizes that police officers cannot search people or places on a hunch without probable cause or a search warrant. Part and parcel to this common knowledge is the expectation from the average person that in order to search a person or property the police should be required to have a warrant. And, while that is true for many situations, what most people don’t realize is that there is a myriad…

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Court of Appeals Issues Landmark Criminal Rule 4 Decision

For any defense attorney that practices criminal law around the State of Indiana, there are unique differences to each County, especially when it comes to how quickly they receive discovery. Often, some of the State’s busiest counties experience significant delays in providing discovery. The classic examples are an OVWI case where the State takes more than a year to provide lab results, or a shooting case where the State takes more than a year to…

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New Law Provides a Sentence Modification Opportunity for Those Convicted of Violent Offenses as Juveniles

Sentence modifications exist to reward good behavior for those serving sentences.  As a practical matter, sentence modifications allow offenders to have a second chance in a less restrictive environment.  However, modifications for offenders serving sentences for violent offenses have been extremely difficult to come by.  IC 35-38-1-17 governs sentence modifications in Indiana.  The statute defines “violent criminals” as any person that is convicted of murder, attempted murder, voluntary manslaughter, involuntary manslaughter, reckless homicide, aggravated battery,…

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What Is Summer Parenting Time and How Does It Work?

Posted in On July 6, 2023

As a parent, a difficult question is posed when the summer months roll around over how parents in separate households will schedule summer parenting time.  Pursuant to the Indiana Parenting Time Guidelines, summer vacation begins the day after school is let out for summer break and ends the day before the new school year is back in session. How is summer parenting time decided? Summer parenting time is dictated by your Court Order.  Oftentimes, but…

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