If you have been charged with a crime, especially a more serious crime, then the process of the criminal case has just gotten started. Once charges are filed there are many times a number of delays or continuances of court dates, mostly because the attorneys are engaged in a process called discovery. This blog takes a look at what discovery is and how it works in a criminal case. In most jurisdictions in Indiana the…
If you’ve been convicted of a crime in Indiana, you may be wondering if you can appeal. With some exceptions, the answer is yes. We help many people seek a “second look” at their cases by the Court of Appeals. A conviction after trial isn’t necessarily final, but failing to pursue an appeal quickly can mean the loss of the ability to do so. An appeal is initiated by filing a document called a Notice…
Anyone and everyone that has ever watched a crime show on TV can tell you that the standard of proof in any criminal case is “Beyond on a Reasonable Doubt.” Most people, intuitively, think they know what that means — until they actually stop to think about it. It is one of those phrases we all know innately (much like Miranda), and yet we all think we understand it until we are placed on a…
There are several different types of criminal offenses that can be enhanced if an individual is charged with a subsequent similar case. For example, if someone is accused of shoplifting, and the total value of the items are less than $750, the person will be charged with theft, a class A misdemeanor. If the individual is convicted, and is later charged with another shoplifting offense, the new charge will be enhanced to a level 6…
Protective Orders and No Contact Orders have certain similarities, but they are not the same. There are several significant distinctions between the two, including variations in the procedures for obtaining orders, the periods of time during which they provide protection, the restrictions they impose, and the procedures for removing them. What is a No Contact Order? (Indiana Code 35-33-8-3.6) No Contact Orders are issued by a judge through criminal cases. For instance, when there is…
A home is someone’s most intimate and familiar place. Home is supposed to be where a person should feel safe. As such, the 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government. The Fourth Amendment stands for “the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.” Silverman v. United States, 365 U.S. 505, 511 (1961). When the…
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…
Arrested at the Indianapolis 500? Now What? The Indianapolis 500, or what is often billed as The Greatest Spectacle in Racing, is typically set on the Sunday of Memorial Day weekend each year. Between the permanent seating around the track and the infield areas, there are about 300,000 people that flood the gates of the speedway each year. With that many people together in a confined area, on a holiday weekend, and probably fueled by…