Criminal Law

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…

A quick look at the Supreme Court’s recent ruling in State of Indiana v. David Brown on whether Miranda warnings apply to DUI checkpoints. On March 2, 2017, the Indiana Supreme Court determined, as a matter other f first impression, that Miranda warnings are not required when a driver was detained at a sobriety checkpoint. This case stemmed from a 2013 incident where the Indianapolis Metropolitan Police Department established a checkpoint to apprehend and deter…

Why you may need SR-22 or SR-50 insurance and the differences between them Although a common misunderstanding, an SR-22 is not actually a type of insurance premium but just a certificate showing proof of future financial responsibility. The certificate is just a document your insurance company sends to the Indiana Bureau of Motor Vehicles to prove that an individual has an insurance policy that will be able to pay for at least the minimum amount…