Criminal Law

There are two broad types of evidence that judges and juries may consider at trial.  Physical evidence, or exhibits, are typically things that the factfinder can hold, see, and touch.  The other broad category of evidence is witness testimony.  The amount of weight put on either physical evidence or testimony is solely up to either the judge or jury during deliberations.  Sometimes, there is no physical evidence to consider, and the case is exclusively built…

Whenever someone is facing a criminal offense, especially felonies, almost always a bond is required. However, bonds can be all over the map from a couple hundred dollars to hundreds of thousands of dollars (if not more). Typically, if the bond is in the thousands, the question we get the most is, “should I pay the bond or pay a lawyer with that money?” While the answer is it depends and can vary depending on…

There are many questions that arise when a loved one is facing the possibility of jail time, especially if the loved one is a female. Indiana currently has 19 jails ranging from minimum to maximum security. Out of these 19 jails, only two are capable of housing female inmates. The two jails capable of housing female inmates are Rockville and Indiana Women’s Prison.  Rockville is a maximum security prison which means that it has the…

The right to a fast and speedy trial can be found in Indiana Criminal Rule 4 which exists to enforce the state constitutional guarantee of a speedy trial. The rule typically applies to individuals in jail but in certain circumstances can apply to those who have been bailed or released on their own recognizance. However, there are a few different subsections of the rule that apply to various situations differently which this article will seek…

Many times, when we are hired as defense attorneys on criminal cases, clients often ask, is it possible to get my case dismissed? While the answer is often “it depends,” there are a lot of factors and strategies that go into whether or not to pursue that course of action. So, what are the five most common ways to get a case dismissed? Below is our list. While it isn’t all-encompassing, these five areas are…

Indiana is home to several events that draw large crowds.  Whether it be a concert, festival, work conference or sporting event, Indiana has no shortage of activities that bring in out of state visitors. There are several cities and neighborhoods in Indiana that contain amazing restaurants and exciting nightlife.  Sometimes, this can lend itself to trouble. The following situation has played out countless times: An individual is in downtown Indianapolis for an event and has…

The two main questions most people have when facing criminal charges is what potential penalties am I looking at and how can I help myself between now and the conclusion of the case. Factors That Go Into a Prosecutor’s Decisions In Indiana, prosecutors have complete discretion as to what they will offer individuals via plea agreement. A variety of factors go into a prosecutor’s decision on whether or not to offer a reduced term plea…

The Fifth amendment right against self-incrimination was made famous in the Supreme Court’s decision in Miranda v. Arizona.  This case set out the framework for the now well known “Miranda warning.”  This warning should be read to individuals that are (1) in police custody and (2) subject to police interrogation.   Most people are familiar with the following advisement derived from Miranda: “You have the right to remain silent.  Anything you say can and will be…