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Do I Need Preliminary Orders While My Divorce is Ongoing?

Posted in On March 23, 2023

When you file for a dissolution of marriage in Indiana, the Court will not grant the dissolution immediately.  At minimum, at least sixty days need to pass from the date the action is initiated to the date the Court is able to finalize the dissolution.  More often than not, the case will take longer than sixty days, sometimes lasting months or even longer than a year.  If you and your spouse are able to navigate…

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Can Police Search My Private Property Without a Warrant?

A home is someone’s most intimate and familiar place.  Home is supposed to be where a person should feel safe.  As such, the 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government.  The Fourth Amendment stands for “the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.”  Silverman v. United States, 365 U.S. 505, 511 (1961).   When the…

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Why Should I Hire A Personal Injury Attorney?

You’ve been in a crash, and it wasn’t your fault.  Maybe you just had some bumps and bruises, but perhaps your injuries were a lot worse.  Either way, it won’t be too long before the insurance company is trying to get your statement and making you an offer of settlement for your injuries and other damages.  The offer might sound good initially, especially if you don’t think you were hurt too badly, or money is…

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What Will a Judge Consider When Imposing a Sentence in a Criminal Case?

Many times, when we are representing defendants against criminal allegations, our clients often ask what a judge might consider when imposing a sentence after a guilty verdict at trial or as part of a guilty plea where the parties are free to argue the sanction to be received. While there are a myriad of considerations that go into a possible sanction, such as the defendant’s history/characteristics, the victim(s) wishes, testimony at the sentencing by witnesses,…

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Can I Move If I Have Custody Of My Kids

A common question comes up during and after a custody case:  Am I allowed to move out of state if I have custody of my kids?  The answer is, not surprisingly, it depends.  In Indiana, relocating when there is an ongoing custody case or following a custody case is governed by the state statutes. In the last few years, the Indiana legislature has updated the law to make the requirements on a relocating parent less…

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Prosecutor Discretion in Indiana

Posted in On February 15, 2023

In Indiana, “a prosecutor has the responsibility of a minister of justice and not simply that of an advocate.” Ind. R. Prof’l. Cond. 3.8 Comment 1. This means that a prosecutor’s primary responsibility is not to prosecute cases and obtain convictions, but rather to seek justice. Frequently, this does require prosecuting criminal cases and obtaining convictions. However, this does seem to give a prosecutor some wiggle-room to decide to not prosecute a criminal case because…

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What Rights Do I Have as a Passenger During a Traffic Stop?

The Fourth Amendment to the United States Constitution states that every citizen shall enjoy the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” While this right applies to passengers and drivers during a traffic stop, you have slightly different rights and responsibilities as a passenger. While the police have the authority to ask for the driver’s identification during a traffic stop, they don’t have that same authority…

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What Happens if You’re Subpoenaed for a Deposition?

Being subpoenaed for a deposition can be a nerve-wracking experience that you may be called in for if you are a victim of a crime, witness to a crime, or if you (or a loved one) is somehow involved in a criminal case. This can be stressful but there are a few things to keep in mind that will not only make it an easier experience for you, but also keep yourself protected as well….

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