Our Blog

click for a free consultation

What to know if you’re charged with a Federal crime in Indiana.

Posted in On June 30, 2023

Facing criminal charges of any type can be scary and life-altering.  There is the risk of incarceration, fines, or other loss of liberty.  However, when a person finds himself or herself in the crosshairs of the federal government, the associated concern often grows.  The federal government has a reputation for pursuing and often obtaining significant sentences, usually exceeding what equivalent state laws may call for.  This is among the many reasons it is crucial to…

Read More

Is there a Trial Tax in Indiana?

Almost every client we have had at our firm asks whether there is a “trial tax” if they decide to take their case to trial and lose. Put more simply, they want to know if their punishment will be harsher if they lose after trial. While the obvious answer is, “there shouldn’t be a trial tax and constitutionally there cannot be,” the truth isn’t quite so straight forward. Knowing this can drastically change a defendant’s…

Read More

Indiana’s New Automatic Expungement Law

Posted in On June 16, 2023

Traditionally, under Indiana Law, even though your case was dismissed or you were acquitted at trial, you still need to petition the court for expungement to clear that case from your record. However, the Indiana Legislature recently enacted new law that provides for automatic expungement of certain records. If your case was filed after June 30, 2022, and did not result in a conviction for any reason, you are entitled to expungement 60 days after…

Read More

Should my Criminal Case be Dismissed if it is Over a Year Old?

Posted in On June 8, 2023

As a general rule, the State has one year from the date charges are filed, or from the date an arrest is made (whichever is later) to bring someone to trial.  Rule 4 of Indiana Criminal Procedure specifies circumstances in which individuals can be released from custody and how their cases can be dismissed when a prolonged delay is attributable to the State.  Subsection (A) of Rule 4 addresses defendants in jail specifically.  This portion…

Read More

Most Common Defenses in an Indiana Criminal Case

Posted in On June 1, 2023

If you have been arrested or charged with a crime you may be wondering what are the different options my attorney may have to defend me in my case.  In today’s blog we look at some of the most common defenses utilized in defending against a criminal charge. These are some of the most commonly used defenses, however this list is not exhaustive.  If you or a loved one has been charged with a crime…

Read More

Who can file a Protection Order in Indiana? The Basics

Posted in On May 25, 2023

Indiana Code 34-26-5-2 outlines the requirements for obtaining a protective order, also known as a restraining order, in Indiana.  Protective orders are legal orders issued by a court to protect individuals who have experienced domestic or family violence against a: A parent, guardian, or another representative may file a petition for an order of protection on behalf of a child against a: To obtain a protective order under Indiana Code 34-26-5-2, the petitioner must file…

Read More

Do I Want a Bench Trial or a Jury Trial?

In almost any civil or criminal case, you have the right to a trial. There are two types of trial: bench and jury. This is a major decision that can make the difference between winning and losing a case. A bench trial is where the Judge evaluates the evidence and determines which party wins. A jury trial is where a jury of local residents decide who wins. Most people assume that all trials are held…

Read More

When Can I Modify My Child Support?

Posted in On May 12, 2023

In paternity cases and dissolution of marriage cases involving unemancipated children, your court will likely order that one of the parents will have to pay child support to the other parent.  However, as with most child related issues, child support can be modified.  And so, when can that be accomplished? In Indiana, child support can only be modified in two circumstances.  One is when there has been a substantial change of circumstances that is continuing…

Read More