Criminal Law

General Habitual Offenders (IC 35-50-2-8) Convicted of: Murder, Level 1, Level 2, Level 3, and Level 4 Felonies Habitual Eligible If: (1) Defendant has two prior unrelated felonies, AND (2) At least one prior is not a Level 6 or D-Felony Sentencing Range: 6-20 years Convicted of: Level 5 Felony Habitual Eligible If: Defendant has two prior unrelated felonies, At least one prior is not a Level 6 or D-Felony Defendant has a prior Level…

Sometimes when you are being investigated for a crime and the police have some questions as to whether or not you are responsible for what they are investigating, they may ask you to take a polygraph (lie detector) test.  In answering the question as to whether you should take it or not we should first take a closer look at them and what they truly measure. Lie Detectors Don’t Detect Lies Essentially polygraph tests measure…

On Tuesday November 8, 2018, Voters in the State of Michigan approved the legalization of recreational marijuana.  While the sales side of things will take some time for the State of Michigan to get set up, there are a number of potential collateral criminal issues that Hoosiers need to be aware of should you decide to take advantage of the legalization during a trip to Michigan or any other similar state. Marijuana is illegal in…

Whether you or a loved one is facing a criminal offense, everyone knows that hiring a criminal attorney with experience matters most. Not only do they know the ins and outs of courtroom, but they often times know the little details that matter most when it comes to both orchestrating your defense, and if necessary, strategizing your acceptance of responsibility when a defense isn’t enough to win at trial. Some may think that once you…

As part of any felony-based conviction (sometimes on misdemeanors with open terms and by judge’s request), a judge will typically order a pre-sentence investigation or “PSI.” A PSI came out of what is commonly referred to as Evidence Based Practices — a movement where judges wanted to make informed, evidence-based decisions when determining appropriate sentences for defendants. The practice of conducting PSI’s has long been a typical step in federal guilty pleas and sentences, and…

One of the most frequent calls we get are from individuals with suspended licenses who are ready to get their license back to valid but have no idea where to begin. Whether you have a record that has been suspended for 20+ years or have a single traffic ticket, it can be confusing to navigate the Indiana BMV’s record to try to determine what needs to happen to get you back to valid. This article…

Imagine a situation where law enforcement approaches an individual based upon suspicions of a potential crime.  Can this person tell the officer to leave them alone and walk away?  Or are they required to follow the instructions of law enforcement and possibly be subject to a search of their person?  We’ve likely all heard or maybe even seen this before, but how much suspicion is actually required before someone is not free to leave?  And…

Do I have to register in Indiana? Most people realize that when they are convicted of a sex offense, they also have to register in the state in which they are convicted or where they live. However, many out of state residents don’t realize that if they visit (for an extended period), work, and/or go to school in Indiana, there may be additional registration requirements here. Even more surprising for some non-Hoosiers is that if…