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…
A common misconception we hear from clients is that they believed they weren’t legally required to submit to an officer’s tests while being investigated for driving under the influence. While refusing to perform the Standardized Field Sobriety Tests doesn’t automatically result in penalty, refusing to submit to a certified chemical test after a law enforcement officer reads the Indiana Implied Consent Warning carries substantial consequences. This is primarily because, as a condition of operating a…
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,…
Most people realize that when you drive while intoxicated with a BAC over a .08 in Indiana you can be charged with Operating a Vehicle While Intoxicated as a Class C misdemeanor. Many also realize you can face a Class A misdemeanor for submitting a blood result over .15. Further still, many know that if you have priors or if the facts are particularly bad (minors involved, injuries, etc.) you can easily get into the…
The term DUI is actually a bit of a misnomer in Indiana. In Indiana, we call it Operating a Vehicle While Intoxicated, or “OVWI”. State governments take OVWI very seriously and therefore implemented a penalty structure that increases the minimum punishment for picking up multiple OVWIs in one’s lifetime. While some aspects of the penalty are aimed at rehabilitation of any underlying drinking habits, others are aimed at protecting society from the dangers of drunk…
Sentencing Enhancements are, unfortunately, something that repeat offenders must sometimes contend with. There are two primary sentencing enhancements in Indiana that individuals should be familiar with. Habitual Offender Enhancement The first enhancement that will be discussed is the general Habitual Offender Enhancement. The statute defining the Habitual Offender Enhancement is IC 35-50-2-8. If the defendant is convicted of any felony, and has multiple prior felony convictions, the defendant may be eligible for this enhancement. The…