criminal defense lawyer indianapolis

What Constitutes Neglect of a Dependent? Indiana’s neglect of a dependent statute (I.C. 35-46-1-4) reads in pertinent part: A person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, who knowingly or intentionally: Places the dependent in a situation that endangers the dependent’s life or health; Abandons or cruelly confines the dependent; Deprives the dependent of necessary support; or Deprives the dependent of education as required by law; Commits…

A Look at the Crimes that Disqualify from Receiving Home Detention in Indiana In 2016, the Marion County Department of Corrections gave over 1 Million Dollars to hire additional staff to accommodate a large increase in home detention due to overcrowding. This puts the number of people on some form of home detention to over 3,000 in Indianapolis. This can be a preferable alternative to those who want to finish the remainder of their sentence…

Despite the obvious consequences that result from a conviction for a serious crime, convictions for certain crimes also cause the offender to become labeled a sexually violent predator (SVP).  By law, a sexually violent predator is somebody “who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense.”  IC 35-38-1-7.5. Accordingly, a person convicted of a crime that causes them to be labeled as a sexually…

The Most F.A.Q. Regarding DUI Refusal Suspensions: Most people have heard by now that refusing to take a chemical test in Indiana as part of any DUI can lead to serious consequences. Some have heard that while it may result in serious consequences, you may be lucky and the officer will be too lazy to bring you in for a blood draw, and thus you avoid a DUI arrest. Regardless, the idea that you can…

I’ve Been Arrested for a Misdemeanor in Indiana, Now What? For most people, when they are arrested for the first time they have committed a misdemeanor.  These are sometimes called “petty” crimes.  However, when someone has been arrested for the first time nothing seems petty and the potential penalties for a misdemeanor sound quite scary. Three Classes of Misdemeanors in Indiana Class A Misdemeanor: A Class A misdemeanor carries a penalty that ranges from 0…

Generally speaking, if you’re convicted of a felony, you may be committed to prison.  There are a few exceptions that apply for level 6 felonies which are described below.  The term prison is used in reference to a facility of the Indiana Department of Corrections (IDOC).  Currently, there are 19 IDOC facilities throughout the state.  This include 3 women’s facilities, and 2 intake facilities.  The facilities are categorized as being either minimum, medium, and maximum…

In an effort to encourage trial judges to release those arrested of alleged crimes earlier, reduce expenses and overuse of jail resources, enable those arrested to return to their jobs and provide support for their families, and eliminate the unfair incarceration of those who cannot afford a bail, the Indiana Supreme Court adopted Criminal Rule 26. Criminal Rule 26 could completely change the bail/bond process courts use. Instead of assigning bond amounts to those accused…

Thanks to the Indiana Constitution, citizens have the right to be, “secure … against unreasonable searches and seizures.” Ind. Const. art. 1§ 11. This does not apply when a law enforcement officer has reasonable suspicion that criminal activity is happening. Does this sound vague? Reasonable suspicion is intentionally vague, permitting more information to reach officers. The Supreme Court held that to make, “reasonable suspicion determinations” the lower courts should look at the “totality of the…