In the state of Indiana, when someone is charged with an offense, they will fall into one of three categories: 1. Felony, 2. Misdemeanor, or 3. Infraction. An infraction is commonly known as a traffic ticket, such as a speeding violation. These are civil matters, meaning they do not carry the potential for imprisonment, but instead typically involve paying a fine. A felony charge, on the other hand, is criminal in nature and carries a…
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…
Many people prefer home detention/house arrest to jail, but then come to realize there is hardly any information regarding what to expect both online and from your attorney themselves. This leads to uncertainty and even possibly fear, fear of the unknown and fear of the potential difficulties you may consider when it comes to what you are allowed to do and what may lead to a violation. Coming from someone who has experienced it themselves,…
Article I, Section 19 of the Indiana Constitution provides “[i]n all criminal cases, whatever, the jury shall have the right to determine the law and the facts.” This would appear to be straight forward, but despite the short provision, there has been constant debate over what exactly this means a jury can or cannot do. Many individuals believe that this provision would allow what is known as “jury nullification” or the idea that a jury…
All too often drug addiction leads to criminal charges. Most often charges involve the drugs themselves. Possession of the drug is many times the first crime an addict will be charged with. However, other charges may also come into play. For example, drug addicts are many times struggling financially and therefore, theft is also a very common charge for drug addicts. Other common charges are public intoxication, driving under the influence, obtaining drugs by fraud,…
All anyone has to do to understand the drug problem in this country and around the world is to turn on the nightly news. Every single day there are stories of overdoses, murders tied to drugs, and/or drug busts worth thousands of dollars. And, without discrimination as to the wealth or poorness of a neighborhood, people of all income levels are suffering from addiction—from alcohol to prescription pills, to cocaine, heroin, and methamphetamine. This crisis…