Criminal Law

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Burglary, Robbery, Theft, and Conversion what’s the Difference?

In the realm of property crimes, the terms robbery, burglary, theft, and conversion are often confused and used interchangeably. However, each of these crimes has its own unique definitions, characteristics, and penalties, which is why understanding the differences between these crimes is crucial. This blog explores those distinctions. Burglary Under Indiana Code 35-43-2-1, burglary is defined as the act of breaking and entering the building or structure of another with intent to commit a felony…

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Financial Crime Involving Care of an Elder

In Indiana, there is a crime called “Financial Exploitation of Endangered Adult”. It is codified under Indiana Code 35-46-1-12. The most common situation is when someone is taking care of an elderly parent. Sadly, sometimes as a parent ages, they can lose the ability to control their own finances and decision-making. This is especially true in cases of Alzheimer’s and Dementia. A common remedy is that the elderly person can appoint one of their children…

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What is an Interlocutory Appeal in a Criminal Case?

When people think of an appeal in a criminal case, typically they are thinking of an appeal of the final judgement, or outcome.  An interlocutory appeal, however, occurs while the case is pending.  An interlocutory appeal targets a ruling of the trial court judge before the case goes to trial.  Indiana Rule of Appellate Procedure 14 lays out the framework for when interlocutory appeals are appropriate. Indiana Rule of Appellate Procedure 14 spells out two…

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Should I Give a Statement to the Police if I’m Under Investigation?

Perhaps you have received a call from a police officer or a detective asking you to come into the department to give a statement.  Another possibility is that a police officer or detective shows up to your home and asks you to answer some questions.  It could even be possible that law enforcement reaches out to you over the phone.  In all of these situations you may ask if you should cooperate and answer the…

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What Information Do Police Need to Obtain a Search Warrant?

The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches, stating: “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath and affirmation, and particularly describing the place to be searched, and persons or things to be seized.”  U.S. CONST.AMEND. IV. Therefore, if police wish to…

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The Use of Flock Cameras to Automatically Run License Plates in Indiana

Did you know that there are cameras installed throughout Indiana that are constantly taking photos of your car as it passes and the likes of hundreds and thousands of other cars’ license plates every few seconds? Did you also know this information is stored automatically in databases maintained by both private and public entities? Most people aren’t aware of that, and not surprisingly so. That’s because Indiana has very quietly joined the growing mass of…

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Dealing Marijuana in Indiana

More and more states are legalizing the purchasing and selling of marijuana.  All across the country retail stores have popped up creating a huge legal industry selling pot in all types of strains and forms.  However, in Indiana dealing and possession of marijuana remain illegal. In today’s blog we look at the crime of Dealing in Marijuana in Indiana.  Indiana Code that addresses with Dealing in Marijuana is I.C. 35-48-4-10.  Indiana first defines what dealing…

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How does a police officer in Indiana get a search warrant?

Many people are familiar with the term search warrant, but fewer know what it takes for a police officer to get one or how one is obtained.  This blog will take a look at the process of and requirements for obtaining a search warrant, as this often-used tool to gather evidence can be very important in a criminal case – both for the police, and for a defendant and his or her attorney.  Indiana statute…

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