Federal

  Oftentimes, people who don’t regularly work in the criminal justice system have a misunderstanding of the term “evidence.”  This is likely due, in part, to all the CSI-type shows which have conditioned us to believe that fingerprints, DNA, or surveillance videos are going to be found that prove conclusively a certain person committed a crime.  This is far from true in practice, however.   While the State must present proof beyond a reasonable doubt…

Many of our attorneys have served as Deputy Prosecuting Attorneys in Indiana, including in both Hamilton County and Marion County. This includes experience in “vertical prosecution”. In the “vertical prosecution” model, a deputy prosecutor works in tandem with other law enforcement officers to investigate allegations of criminal activity, determining which charges to file, resolving the case through the court system. This provides the deputy prosecuting attorney to experience in the investigative process first- hand while…

There has been much discussion lately regarding the upcoming November 1, 2023, effective date of Amendment 821 to the Sentencing Guidelines. While this amendment is not yet effective because it remains with Congress for a 180-day review period ending November 1, 2023, if Congress fails to act to disapprove the amendment by that date it will become effective. It’s expected that Amendment 821 will become effective, and it will give District Court Judges authority to…

If you or someone you know has been charged with a federal crime in Indianapolis, you are probably concerned about the potential for a lengthy sentence.  Some federal offenses, such as Brandishing a Firearm During and in Relation to a Crime of Violence, carry statutory mandatory minimum sentence.  For the Brandishing offense, Congress has imposed a mandatory minimum sentence of seven (7) years.  The maximum sentence is life.  Other federal offenses, such as Wire Fraud,…

Facing criminal charges of any type can be scary and life-altering.  There is the risk of incarceration, fines, or other loss of liberty.  However, when a person finds himself or herself in the crosshairs of the federal government, the associated concern often grows.  The federal government has a reputation for pursuing and often obtaining significant sentences, usually exceeding what equivalent state laws may call for.  This is among the many reasons it is crucial to…

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…

You’d have to be living under a rock to be completely unaware of what happened on January 6th, 2021. Regardless of your politics, cameras rolled as thousands of people stormed the Capital for the first time since The Burning of Washington on August 24th, 1814. In stark contrast, back in the early-1800’s, unlike January 6th of 2021, the attack was from a foreign power, the British, not from citizens from within the borders of our…

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…