It is often said that accusations, alone, are enough to change a life — nothing shows that more than a charge of Rape. The word, standing alone, says it all. It doesn’t require any explanation, and most people make an assumption as to what it means just in hearing the word. It is then sensationalized as a headline in the news to garner clicks, but all too often people don’t really know the intricacies of…
‘That which we call a rose, by any other name would smell as sweet’ (Juliet, Act 2 Scene 1) In almost every single sex-based crime that is charged in Indiana, the stakes couldn’t be much higher. Whether someone is facing high fines, a lengthy prison sentence, a long-term sex registration, and/or the public stigma of a sex-based conviction, it is no wonder we receive so many calls on these types of cases. Many times peoples’…
I want to start this article by clarifying that this is specifically for people who have completed their sentence for the criminal conviction that led to them being on the registry. If you are on probation or parole, there may be additional court orders or restrictions that prevent you from leaving the State. You should consult with an Indianapolis criminal attorney and your probation or parole officer before doing so. For someone who is or…
We often get calls from individuals who are classified as sexually violent predators under Indiana law. Oftentimes people are confused about why they are classified as a sexually violent predator when they were never told that at their sentencing hearing. A person can be classified as a sexually violent predator under Indiana Code 35-38-1-7.5 if certain circumstances exist. Under Indiana Code 35-38-1-7.5(a), a sexually violent predator is defined as a person who suffers from a…
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,…
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…