Criminal Law

A common misconception we hear from clients is that they believed they weren’t legally required to submit to an officer’s tests while being investigated for driving under the influence. While refusing to perform the Standardized Field Sobriety Tests doesn’t automatically result in penalty, refusing to submit to a certified chemical test after a law enforcement officer reads the Indiana Implied Consent Warning carries substantial consequences. This is primarily because, as a condition of operating a…

Many people prefer home detention/house arrest to jail, but then come to realize there is hardly any information regarding what to expect both online and from your attorney themselves. This leads to uncertainty and even possibly fear, fear of the unknown and fear of the potential difficulties you may consider when it comes to what you are allowed to do and what may lead to a violation. Coming from someone who has experienced it themselves,…

Article I, Section 19 of the Indiana Constitution provides “[i]n all criminal cases, whatever, the jury shall have the right to determine the law and the facts.”  This would appear to be straight forward, but despite the short provision, there has been constant debate over what exactly this means a jury can or cannot do. Many individuals believe that this provision would allow what is known as “jury nullification” or the idea that a jury…

Most people realize that when you drive while intoxicated with a BAC over a .08 in Indiana you can be charged with Operating a Vehicle While Intoxicated as a Class C misdemeanor. Many also realize you can face a Class A misdemeanor for submitting a blood result over .15. Further still, many know that if you have priors or if the facts are particularly bad (minors involved, injuries, etc.) you can easily get into the…

Many people who receive traffic infractions or ordinance violations find that they don’t have much of an opportunity to actually contest them. Most of the time, the cost of an attorney is significantly higher than just paying a ticket, so drivers will pay the ticket and move on, even if they don’t agree with the ticket. In traffic cases, you have a short window within which to pay the ticket or face a license suspension….

In the world we all live in, we live and die by the internet — no doubt. When we need to buy things, where do we turn? Inevitably, the internet. Be it Amazon, Walmart, or Google, we are turning to things we see online for answers. The days of shopping in person are slowing dying like tape cassettes, CD’s, and telephones with chords. Part and parcel to this consumer process, often we are looking for…

On March 21, 2022, Governor Holcomb signed into law House Bill 1296, which allows individuals to carry a handgun in public without a permit in Indiana.  This law will take effect on July 1, 2022.  Prior to this law, individuals in Indiana were prohibited from carrying a handgun on their person or in their vehicle without having a valid handgun license. The amended statute governing the carrying of a firearm in Indiana is found under…

Whenever someone is sentenced in a criminal case in Indiana, the Court takes great concern to appropriately and accurately apply any credit time the defendant is afforded when carrying out the formal sentencing. No one should ever serve more time for any offense beyond what the level of offense requires minus the time they have already served while awaiting trial— otherwise, a defendant can serve a longer sentence than is necessary and constitutionally allowed. So…