One of the most common charges we see as criminal defense attorneys is the crime of operating a vehicle while intoxicated. This many times comes with the charges of Operating a vehicle with a BAC of .08 to .14 or Operating a vehicle with a BAC of .15 or more. But, where do those BAC results come from? In Indiana the primary source is a breath test machine. In today’s blog we take a closer…
May 9, 2017 the Indiana Supreme Court made a ruling in the case of Thomas Pinner v. State of Indiana under case number 49S02-1611-CR-610, holding that the sole fact a person has a gun is not a sufficient reason for the person to be stopped and searched. In February 2015, a taxi driver called the police after a man and a woman got out of his cab because when they exited, the man dropped a…
So you have been charged with a low level felony or a misdemeanor and you absolutely cannot have a conviction on your record, now what? A diversion or deferral might be something that could work for you depending on a number of factors. The law in Indiana (IC 33-39-1-8) provides that those who have committed low level crimes or are first time offenders are sometimes able to dismiss their charges. This is called a diversion…
One of the main questions a defendant asks when facing a potential criminal offense is, “who is the best criminal defense attorney in Indiana?” And, if you think about it, that makes sense. Criminal cases have the potential to have lifelong consequences. So, it leads to reason that anyone who is facing a criminal offense is going to try to track down the best criminal attorney for their particular case. The list below is meant…
Refusing a Chemical Test During a DUI Investigation: The Supreme Court’s Recent Ruling: A look at the Supreme Court’s most recent ruling on what counts as “refusing” a chemical test. If you ever find yourself in a position where a police officer suspects that you are intoxicated and is asking if you will submit to a chemical test, your actions are just as important, if not more, than your words when it comes to determining…
Are you or someone you know undergoing a potential grand jury proceeding or facing an indictment? Need help understanding what it all means? This blog will go through the different terms and procedures that most often occur in the indictment and grand jury process. Grand juries are very laid back as compared to typical pre-trial court settings. Most times there is not a judge or defense attorney present and it is just the prosecutor and…
Statute of Limitations on Criminal Offenses in Indiana Worried that you’ve done something that may result in criminal charges being filed against you? For most crimes, there is a limit on how much time can pass between when the crime was committed and when charges are filed. If the State of Indiana waits too long to file charges then they are barred from prosecution and the person cannot then be held criminally liable for the…
What Happens At a Sentencing Hearing in Indiana? There are many situations where someone can be facing a sentencing hearing. Sentencing hearings typically happen after a trial or plea when a person has already been determined guilty, or after a violation of probation has been determined and the next step is to argue the potential sentence a person must serve. A sentencing hearing is one of the most important stages of any criminal proceeding as…