Criminal Law

A Look at the Crimes that Disqualify from Receiving Home Detention in Indiana In 2016, the Marion County Department of Corrections gave over 1 Million Dollars to hire additional staff to accommodate a large increase in home detention due to overcrowding. This puts the number of people on some form of home detention to over 3,000 in Indianapolis. This can be a preferable alternative to those who want to finish the remainder of their sentence…

Despite the obvious consequences that result from a conviction for a serious crime, convictions for certain crimes also cause the offender to become labeled a sexually violent predator (SVP).  By law, a sexually violent predator is somebody “who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense.”  IC 35-38-1-7.5. Accordingly, a person convicted of a crime that causes them to be labeled as a sexually…

Generally speaking, if you’re convicted of a felony, you may be committed to prison.  There are a few exceptions that apply for level 6 felonies which are described below.  The term prison is used in reference to a facility of the Indiana Department of Corrections (IDOC).  Currently, there are 19 IDOC facilities throughout the state.  This include 3 women’s facilities, and 2 intake facilities.  The facilities are categorized as being either minimum, medium, and maximum…

In an effort to encourage trial judges to release those arrested of alleged crimes earlier, reduce expenses and overuse of jail resources, enable those arrested to return to their jobs and provide support for their families, and eliminate the unfair incarceration of those who cannot afford a bail, the Indiana Supreme Court adopted Criminal Rule 26. Criminal Rule 26 could completely change the bail/bond process courts use. Instead of assigning bond amounts to those accused…

Thanks to the Indiana Constitution, citizens have the right to be, “secure … against unreasonable searches and seizures.” Ind. Const. art. 1§ 11. This does not apply when a law enforcement officer has reasonable suspicion that criminal activity is happening. Does this sound vague? Reasonable suspicion is intentionally vague, permitting more information to reach officers. The Supreme Court held that to make, “reasonable suspicion determinations” the lower courts should look at the “totality of the…

Collateral Consequences to a Criminal Charge Everyone knows when you are charged with a criminal case you could face jail time, probation and a fine.  However, many times the possible consequences someone suffers can be far reaching and make resolving the case much more complicated.  When discussing your case with your attorney you need to make sure you consider how a case might affect you in other ways. Immigration Issues If you are not a…

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…