Conditional Discharges in Indiana Have you or a loved one found yourself in a situation where you were pulled over or came into some other contact with the police and marijuana was found on you? Are you now facing criminal charges for possession of marijuana? If you do not have a previous conviction of an offense related to a controlled substance and are charged with possession of marijuana as a misdemeanor, you may qualify for…
Although not commonly used throughout the state, there is a law which creates an avenue for somebody to have their OVWI/DUI case dismissed. The process is called conditional deferral, commonly called a Title 12 deferral and is allowed under Indiana Code 12-23-5. According to this law, if somebody is charged with a crime under IC 9-30-5 (generally, operating a vehicle while intoxicated or operating a vehicle with a BAC above .08), as long as it’s…
It is the foundation of the American criminal justice system. The jury trial. You have been accused of a crime and believe you are innocent, it is the ultimate determiner of the facts. No one can guarantee an outcome in a jury. If they could, they would be the only attorney ever hired. However, there are a number of different parts of being ready for a jury that help position a case for its highest…
How 2015 Changes to Indiana Law May Impact Your Criminal Case As happens every year in Indiana, July 1 brings a number of changes to various areas of the law as a result of the legislative session. Although the major criminal code overhaul took place last year, some changes of note have been enacted this year with respect to motor vehicle laws and criminal statutes. The Indianapolis Criminal Defense Attorneys have summarized the changes…
Purposeful Incarceration an Alternative to Traditional Incarceration The whole idea behind prison, accurately called the Department of Corrections, is to get offenders to a point where they will not re-offend. It has been a challenge for prisons all over the nation. Too many times an offender enters the prison only to be released and then return some months later. In 2009, Indiana started a new program called Purposeful Incarceration. The idea was designed to…
Trespass, residential entry and burglary all involve someone invading the property of someone else. However, the elements to prove each crime and the penalties involved are significantly different. This week’s blog will take a look at each in order from least serious to most serious. First we start out with the crime of trespass. Everyone has seen the signs posted that say “no trespassing” or trespassers will be prosecuted, but how exactly does this crime…
When we meet with clients after they have been arrested, they tend to be scared, nervous, uncertain and concerned about the future. In this weeks blog we look at 10 of the most common questions we receive from those that are arrested. Q1. Am I going to have to serve time in jail if I’m convicted? A: It depends. If your crime is a D felony or misdemeanor and you have never been in any…
In today’s blog, we look at what qualifies a building to be a “dwelling” for purposes of the Indiana burglary statute. There is a huge difference. If a person burglarizes a building that isn’t a dwelling then it is a Level 5 Felony and the potential is for 1 to 6 years in prison, however, if the building qualifies as a dwelling, then the crime is a Level 4 Felony and the penalty jumps all…