Criminal Law

Prior to 2021, Indiana did not prohibit the placement of juvenile arrestees in adult jails before trial proceedings. A juvenile arrestee may have been held with adult offenders, exposing them to adult jail conditions which may have long-lasting impacts on the juvenile. In response to the Juvenile Justice and Delinquency Prevention Act of 2018, Indiana added a new statute addressing pre-trial detention of juvenile arrestees that became effective July 1, 2021. The Juvenile Justice and…

Past blogs have referenced the differences between State and Federal court but perhaps the biggest difference is the mandatory minimum sentences for certain criminal offenses in Indianapolis.  These statutory requirements mean that an individual will serve at least the minimum required time, regardless of what their guideline range may be in the Federal system.  For example, an individual could commit a criminal offense that requires a minimum of 5 years in the Federal Bureau of…

Having a conviction for theft or conversion can lead to several headaches.  Employers frequently ask questions and conduct background checks looking for either of these offenses, as they are considered “crimes of dishonesty.”  A conviction for either theft or conversion might very well discourage an employer from hiring an individual.  This blog will define both theft and conversion, as well as explain the difference between the two offenses.   Theft is one of the more…

In almost all legal settings there is something called burden of proof.  What exactly does burden of proof mean? Cases have regularly defined burden of proof as being the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. In the law how you meet that burden of proof is the introduction of evidence to either a judge or a jury that then…

Most people know that when you are required to register as a sex offender that there are certain life restrictions that come along with it. The civil consequences can be overwhelming and cumbersome. What a lot of people don’t realize is that there are, at times and given the type of sex crime conviction they have, limitations on where they can live. Unfortunately, many people only discover this after they are convicted because the attorney…

Sentencing Enhancements are, unfortunately, something that repeat offenders must sometimes contend with.  There are two primary sentencing enhancements in Indiana that individuals should be familiar with. Habitual Offender Enhancement The first enhancement that will be discussed is the general Habitual Offender Enhancement.  The statute defining the Habitual Offender Enhancement is IC 35-50-2-8.  If the defendant is convicted of any felony, and has multiple prior felony convictions, the defendant may be eligible for this enhancement.  The…

In 2019, there were approximately 50,000 people who were injured in auto accidents in the State of Indiana alone. The likelihood of being in an accident after driving for a lifetime is very high. If you are injured in an auto accident, it is imperative that you understand the deadlines for filing and pursuing a legal claim.   According to Indiana Code § 34-11-2-4, a claimant has two years from the date of their accident…

Most people realize that juveniles are treated differently than adults in criminal cases. Even the Supreme Court has gone out of its way to issue numerous rulings (see Brown v. State, 10 N.E.3d 1 (Ind. 2014) and Fuller vs. State, 9 N.E.3d 653 (Ind. 2014)) specifically mentioning that juveniles should be treated differently because they have not fully matured, often don’t fully recognize the wrongfulness of their acts, and are able to be rehabilitated with…