Criminal Law

A Quick Look at Inventory Searches after an Arrest Getting pulled over can be an unsettling experience regardless of one’s familiarity with the law.  Understanding the interpretation of both the U.S. Constitution Fourth Amendment and Article 1 §11 of the Indiana Constitution is instrumental when presented with a situation where a police officer searches your vehicle.  While citizens have the constitutional “right to be secure in their persons, houses, papers, and effects, against unreasonable search…

Are you living in the United States as an immigrant or noncitizen status? If you find yourself in legal trouble you could be facing more than just conviction as a consequence with deportation looming over your head. In a recent Supreme Court decision, Lee v. United States, 582 U.S. (2017), the Court reversed a criminal conviction by a noncitizen after he was given erroneous advice by his counsel, leading to his mandatory deportation. This is…

After a defendant is found guilty, the court will hold a sentencing hearing to determine the appropriate punishment. Beyond mandatory minimums, judges may consider a pre-sentence investigation (PSI) report, especially in felony cases. Indiana courts generally require a PSI when a felony conviction could result in Department of Corrections time, an open sentencing term, or a Level 5 felony or higher. An experienced Indianapolis criminal defense attorney can help defendants understand how a PSI may…

One of the most common charges we see as criminal defense attorneys is the crime of operating a vehicle while intoxicated.  This many times comes with the charges of Operating a vehicle with a BAC of .08 to .14 or Operating a vehicle with a BAC of .15 or more.  But, where do those BAC results come from?  In Indiana the primary source is a breath test machine.  In today’s blog we take a closer…

May 9, 2017 the Indiana Supreme Court made a ruling in the case of Thomas Pinner v. State of Indiana under case number 49S02-1611-CR-610, holding that the sole fact a person has a gun is not a sufficient reason for the person to be stopped and searched. In February 2015, a taxi driver called the police after a man and a woman got out of his cab because when they exited, the man dropped a…

So you have been charged with a low level felony or a misdemeanor and you absolutely cannot have a conviction on your record, now what? A diversion or deferral might be something that could work for you depending on a number of factors. The law in Indiana (IC 33-39-1-8) provides that those who have committed low level crimes or are first time offenders are sometimes able to dismiss their charges. This is called a diversion…

One of the main questions a defendant asks when facing a potential criminal offense is, “who is the best criminal defense attorney in Indiana?” And, if you think about it, that makes sense. Criminal cases have the potential to have lifelong consequences. So, it leads to reason that anyone who is facing a criminal offense is going to try to track down the best criminal attorney for their particular case. The list below is meant…

Habitual Traffic Violator Law Quite frankly, one of the most pertinent things is to have the ability to drive! Whether it is to school, work, or even just to go out and socialize with friends. Have you ever had your license taken, and did not have the means to do these things – for a substantial amount of time? There is nothing more frustrating than not having a license to legally drive. It can be…