Drug Crimes

Many times, when we are representing defendants against criminal allegations, our clients often ask what a judge might consider when imposing a sentence after a guilty verdict at trial or as part of a guilty plea where the parties are free to argue the sanction to be received. While there are a myriad of considerations that go into a possible sanction, such as the defendant’s history/characteristics, the victim(s) wishes, testimony at the sentencing by witnesses,…

A sentence for a criminal offense can be either executed or suspended.  When a sentence is suspended, some or part of the sentence is typically served on probation, but the defendant is otherwise free to travel within the state.  Crimes that are eligible to be suspended at sentencing are often referred to as “suspendible” offenses.  If a defendant is convicted of a crime that is not eligible to be suspended at sentencing, the crime is…

When the founders of our country wrote the Constitution and the Bill of Rights, photos did not exist, audio and video recordings did not exist, GPS did not exist, and everything written was on a physical piece of paper. As technology has developed over the past 250 years, Courts have sometimes struggled to take the 4th Amendment language, written in the late 18th century, and apply it to modern society. One more recent application is…

Jury trials are often dramatized on television and in movies.  The plot of several popular TV shows revolves around the courtroom drama between prosecutors, witnesses, defense attorneys, and judges.  The accuracy of the portrayals of jury trials varies from show to show.  In a general sense, here is how “real life” jury trials unfold in Indiana. The first day of all jury trials start with jury selection, commonly referred to as voir dire.  Voir dire…

You have been charged with a crime.  It is probably one of the most stressful times you have ever had in your life.  You may have just spent a miserable night or two in jail and are completely exhausted.  However, now you have a very important decision to make.  Who should I hire as my criminal defense attorney?  In this blog we will list 10 questions you should ask when talking to a potential attorney…

In the State of Indiana whenever someone is charged with an offense, they will fall into one of three categories: 1. Felony, 2. Misdemeanor, or 3. Infraction.  An infraction is what most of us know as a traffic ticket.  These do not carry a potential for imprisonment since they are civil matters.  Rather it means you’ll pay a fine.  A great example is a speeding ticket being an infraction.  A felony charge is one that…

Many people have heard of depositions, but it is surprising the number of times witnesses are unfamiliar with what they are, the purpose behind them, and what is expected of them when subpoenaed for one. This blog will attempt to address the purpose of depositions in criminal cases. So, what is a deposition in a criminal case? In most counties in Indiana, in order to get a witness’ testimony, under oath, prior to trial, and…

Indiana Code 35-38-1-17, titled, “Reduction or Suspension of Sentence”, can be used to ask a Court to modify your sentence. This statute divides offenders into violent and non-violent criminals. For offenders who are considered non-violent criminals, you may petition the court at any time after you begin serving your sentence. If you are incarcerated in the Department of Corrections, the Court will also need a report regarding your conduct while imprisoned. The Court will most…