Criminal Law

In Indiana, and many other states for that matter, when someone is charged with murder they are normally held without bond.  This generally seems inconsistent with a system that presumes someone is innocent.  Being held in jail pending trial when you know you have been wrongfully charged can be incredibly frustrating, many times leading to severe bouts of depression. I.C. 35-33-8-2 states, “Murder is not bailable when the proof is evident or the presumption is…

A detective wants to meet with me, police want me to make a statement, the police called me in for questioning; these are just some of the questions we often get from individuals under investigation. Or possibly you have already had that meeting and made a statement you now need to know the implications of. This article will take a look at confessions, the protections the US and Indiana Constitutions provide, and the different scenarios…

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…

Key Takeaways A PSI helps Indiana judges make evidence-based sentencing decisions. Defendants should discuss the PSI interview with counsel before answering questions. Probation officers prepare the PSI and verify information through outside sources. The PSI includes criminal history, personal background, and an IRAS risk assessment. Probation recommendations in the PSI often influence the court’s sentencing decision. As part of any felony-based conviction (sometimes on misdemeanors with open terms and by judge’s request), a judge will…

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…