If police officers arrive at your home with a search warrant, it will obviously be a very stressful, difficult, and possibly chaotic time. As such, it is important to understand the process by which police obtain a warrant, and what they may search for once they enter your home with a valid warrant. A search warrant is an order signed by a judge giving police the legal authority to search for evidence of a crime…
Purchasing and possessing a firearm in Indiana is a legal process that requires one to know the licensure process and the appeals process should one’s permit application be denied. Indiana is a “shall issue” state (Ind. Code 35-47-2-3), which means that the Indiana State Police shall issue a concealed carry permit to one who meets the following criteria: The person has a proper reason for carrying a handgun; See Code 35-47-1-8 and Schubert v. DeBard,…
As most everyone knows, if you are charged with a felony in Indiana, you are guaranteed a jury trial. In fact, it is such a fundamental right, it is established as a matter of course when your felony case is charged at your initial hearing — you will be given a date for your jury at that hearing, whether you want one or not. It is assumed the case will be going to jury trial…
From time to time, we received calls asking questions about the defense of duress. In Indiana, duress is an affirmative defense defined by statute. An affirmative defense provides a legal justification for one’s actions. A successful defense of duress establishes a lack of criminal culpability for otherwise criminal acts. The fact that the criminal act occurred is conceded, but the argument is that there was a justifiable reason why the defendant committed the act. This…
Pursuant to Indiana Code 9-30-5-1 there are three ways a person can be charged with operating while intoxicated. First, operating a vehicle with an alcohol concentration of .08 but less that .15. Second, operating a vehicle with a vehicle with an alcohol concentration of .15 or greater. Third, operating a vehicle with a controlled substance listed in schedule I or II of I.C. 35-48-2 or its metabolite. Marijuana is currently listed as a schedule I…
It is upsetting to think that sometimes people are falsely accused of committing a crime. Unfortunately, false accusations do happen and sometimes criminal charges are filed against innocent people. In our experience, the most common type of case in which false accusations are made are sex offense cases. As a result, these cases routinely go to trial. The laws and rules of evidence governing what can and cannot be brought up at trial in sex…
As complicated as the Indiana Sex Registry statutes are, we thought it made sense to simplify all the statutes, exceptions, and nuanced factors into simple, easy to understand charts. Below are the two charts simplifying the process. The first chart lists all the Indiana Sex Registry crimes and whether they are 10-year or lifetime registries: D = Defendant AV = Alleged Victim P/G = Parent/Guardian SVO = Serious Violent Offender The second chart below…
Every single guilty plea around the State of Indiana typically looks relatively the same. While each judge conducts the hearings slightly different and pleas may read differently. There are certain things that must be included in any plea agreement, regardless of the level, and irrespective of the penalty agreed to. More specifically, when someone is pleading guilty, they must demonstrate an understanding of what they are pleading to, the range of penalties they are facing,…
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.