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Should I Hire an Expert Witness for my Criminal Case?

Should I Hire an Expert Witness for my Criminal Case? The most common form of evidence in criminal trials is lay witness testimony.  Typically, the state will call witnesses to the stand that personally observed an alleged crime.  Prosecutors will ask the witness what the witness observed, heard, or perceived.  The factfinder (judge or jury) will then place whatever weight they deem appropriate on the witness testimony in conjunction with the other evidence presented at…

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What to Expect when Entering Home Detention in Marion County, IN

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,…

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The Defense of Entrapment in Indiana

The Defense of Entrapment in Indiana

Entrapment is an affirmative (or complete) defense to criminal charges.  While the state must always prove its case beyond a reasonable doubt, the evidentiary burden is on the defense to prove by a preponderance of the evidence that he/she was entrapped by the government into committing a criminal act. In Indiana, the defense of entrapment is defined by IC. 35-41-3-9.  It reads: It is a defense that: The prohibited conduct of the person was the…

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Theft and Conversion in Indiana

Having a conviction for theft or conversion can lead to several headaches.  Employers frequently ask questions and conduct background checks looking for either of these offenses, as they are considered “crimes of dishonesty.”  A conviction for either theft or conversion might very well discourage an employer from hiring an individual.  This blog will define both theft and conversion, as well as explain the difference between the two offenses.   Theft is one of the more…

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What Happens When The Police Arrive At My Home With A Search Warrant?

If police officers arrive at your home with a search warrant, it will obviously be a very stressful, difficult, and possibly chaotic time. As such, it is important to understand the process by which police obtain a warrant, and what they may search for once they enter your home with a valid warrant. A search warrant is an order signed by a judge giving police the legal authority to search for evidence of a crime…

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Indiana Licensure Process on Carrying a Handgun: What You Need to Know

Purchasing and possessing a firearm in Indiana is a legal process that requires one to know the licensure process and the appeals process should one’s permit application be denied. Indiana is a “shall issue” state (Ind. Code 35-47-2-3), which means that the Indiana State Police shall issue a concealed carry permit to one who meets the following criteria: The person has a proper reason for carrying a handgun; See Code 35-47-1-8 and Schubert v. DeBard,…

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Refusing a DUI Chemical Test in Indiana

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…

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Grand Jury Investigations in Indiana

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…

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.