Criminal Law

Hearsay is a fundamental legal concept that plays a crucial role in the justice system. It refers to the introduction of out-of-court statements or declarations as evidence in court proceedings. The rationale behind the hearsay rule is to ensure the reliability and credibility of the evidence presented, promoting fair trials and justice. In this blog, we will delve into the nuances of hearsay, its definition, exceptions, and the impact it has on legal proceedings. Definition…

When a subpoenaed witness does not appear for trial, it puts the prosecution in a bind.  The defendant has the right to confront and cross examine all witnesses testifying against them.  When a witness does not appear for trial, or refuses to testify at trial, the prosecutor can be hard-pressed to get the witness’ out of court statements into evidence.  This blog will examine the two hurdles the State must overcome to use a witness’…

Effective January 1, 2024, Indiana’s Rules of Criminal Procedure underwent a significant overhaul. The Indiana Supreme Court approved the new Rules of Criminal Procedure after a yearslong process of study, proposed rules, commentary, and deliberation by stakeholders in the criminal justice system. The new rules should be of great benefit to both criminal defendants and their attorneys, as they largely standardize practice in courts across the State of Indiana. In updating the Rules of Criminal…

Chain of Custody is a legal term of art that occasionally becomes an issue when dealing with the admissibility of evidence at trial.  Chain of custody is defined as the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of evidence.  In order to admit fungible evidence, there typically must be evidence as to the item’s chain of custody to ensure the item is what it purports to…

Many people call our office wondering if it’s a good idea to hire an Indianapolis criminal defense attorney before they are officially charged by the prosecutor’s office. They have a million questions about what could happen and what has already happened. The majority of those questions revolve around what a lawyer can provide during that stage of the process. This blog will address the questions here. First and foremost, having a lawyer onboard ahead of…

Introduction: In today’s blog, we delve into a crucial aspect of criminal law that has shaped the landscape of individual rights—the Miranda warnings. Named after the landmark 1966 Supreme Court case Miranda v. Arizona, these warnings have become synonymous with protecting individuals’ constitutional rights during interactions with law enforcement. This blog post aims to unravel the significance of Miranda warnings in a criminal case and their role in safeguarding the rights of the accused.  Understanding…

The vast majority of criminal sentences in Indiana result in the Defendant being placed on probation. For example, you will commonly see misdemeanor cases where the sentence is “365 days in jail, all suspended to be served on probation.” What this boils down is one year of probation, with up to a year served in jail if you violate your probation. Probation always comes with a long set of rules and they can vary from…

Indiana law allows evidence to be introduced at trial of prior acts of violence perpetrated by the alleged victim on the defendant. Indiana labels this defense as “effects of battery.” “Effects of battery” is defined as “a psychological condition of an individual who has suffered repeated physical or sexual abuse inflicted by another individual who is the victim of an alleged crime for which the abused individual is charged in a pending prosecution.” IC 35-31.5-2-109….