Criminal Law

Key Takeaways The Fourth Amendment protects against unreasonable searches and requires probable cause before a warrant can issue. The exclusionary rule blocks evidence gathered through a Fourth Amendment violation from being used at trial. Indiana Code 35-37-4-5 allows evidence obtained in good faith reliance on a defective warrant to remain admissible. Exceptions include independent source, inevitable discovery, attenuation, and impeachment use of otherwise excluded evidence. Suppressed evidence can lead to dismissal, a stronger plea negotiation,…

In cases where someone has a pre-existing condition, insurance companies like to use that against victims to deny or minimize their injury claims.  Personal injury claimants have the right to pursue compensation for their injuries even if they had other injuries or conditions before the accident. Injury cases where one has a pre-existing condition can be more complex.  These claims often require more due diligence and medical support to prove that the new injuries occurred…

Key Takeaways Indiana Code 35-45-1-3 defines disorderly conduct as fighting, unreasonable noise after a request to stop, or disrupting an assembly. A standard conviction is a Class B misdemeanor with up to 180 days in jail and a $1,000 fine. Disorderly conduct becomes a Level 6 felony near airport security zones or within 500 feet of a funeral. Defenses include lack of criminal intent, self-defense, and free speech protections depending on the facts. A conviction…

Key Takeaways Indiana Code 35-45-4-5 makes peeping into a dwelling or a place where someone expects privacy a Class B misdemeanor. Using a camera to peep raises the offense to a Level 6 felony under Indiana law. Voyeurism covers restrooms, showers, and dressing rooms where privacy is reasonably expected. A conviction can affect professional licensing, employment, and long-term reputation. Several defenses exist, including lack of intent, consent, and mistaken identity. Police in Indiana move quickly…

At this point, most people have heard about the Lindsey Clancy Trial.  As you may have heard, it ended in a mistrial.  So what exactly is a mistrial?  Well what it boils down to is that mistrial is a trial that could not be completed for some reason.  It is then essentially stopped and rescheduled. A mistrial can happen for a few reasons.  A common reason for a mistrial is that an attorney or witness…

Criminal Recklessness is a crime that is charged often in Indiana.  The idea behind criminalizing reckless behavior is that the public should be protected from careless actions that create a substantial risk of injury, even if no injury actually occurs.  In other words, the crime of criminal recklessness is aimed at punishing risky behavior, and not just the results from that behavior.   Criminal Recklessness is defined by I.C. 35-42-2-2.  The statute reads in part:…

Key Takeaways Indiana law defines stalking as a knowing or intentional pattern of harassment that actually frightens the victim. Repeated calls, uninvited visits, or tracking a person’s movements can qualify as stalking conduct in Indiana. A Level 4 felony stalking conviction carries two to 12 years in prison and a possible fine. Prior convictions, weapon use, or a protective order violation can raise a stalking charge to a higher felony level. A conviction can affect…

Key Takeaways Indiana law sets no filing deadline for murder charges, no matter how many years pass. Level 1 felony rape, involving deadly force or serious injury, also carries no filing deadline. Most felony offenses in Indiana carry a five-year filing window under existing state law today. Concealing evidence connected to a crime or fleeing the state can pause an existing filing deadline. DNA evidence can extend the filing window for certain rape cases beyond…