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…
Twenty-two states have abortion bans that would become law almost immediately if Roe V. Wade is overturned. Many of these state bans contain no exceptions for rape or incest survivors. While Indiana is not one of the States with “trigger laws”, there has been strong indications that Indiana would move fast toward implementing abortion laws. Whether or not, Indiana will contain a provision for an exception of rape or incest survivors, is unknown. So, what can…
Most people know that when you are required to register as a sex offender that there are certain life restrictions that come along with it. The civil consequences can be overwhelming and cumbersome. What a lot of people don’t realize is that there are, at times and given the type of sex crime conviction they have, limitations on where they can live. Unfortunately, many people only discover this after they are convicted because the attorney…
It is upsetting to think that sometimes people are falsely accused of committing a crime. Unfortunately, false accusations do happen and sometimes criminal charges are filed against innocent people. In our experience, the most common type of case in which false accusations are made are sex offense cases. As a result, these cases routinely go to trial. The laws and rules of evidence governing what can and cannot be brought up at trial in sex…