A quick look at the Supreme Court’s recent ruling in State of Indiana v. David Brown on whether Miranda warnings apply to DUI checkpoints. On March 2, 2017, the Indiana Supreme Court determined, as a matter other f first impression, that Miranda warnings are not required when a driver was detained at a sobriety checkpoint. This case stemmed from a 2013 incident where the Indianapolis Metropolitan Police Department established a checkpoint to apprehend and deter…
Understanding Credit Time in Criminal Cases Whenever someone is sentenced in a criminal case in Indiana, the Court takes great concern to appropriately and accurately apply any credit time the defendant is afforded when carrying out the formal sentencing. It is incredibly important because no one should ever serve more time for any offense above and beyond what the level of offense requires minus the time they have already served — otherwise, they can serve…
A quick look at consecutive versus concurrent sentencing Whenever somebody is convicted of multiple offenses – whether they arise out of the same incident or different cases – the determination needs to be made on whether the sentences will run concurrently or consecutive to one another. If they run concurrent, the sentences will overlap and be served at the same time. Consecutive sentences, on the other hand, require one to finish before the other begins….
A Quick Look at Bond Revocation Hearings Most people have heard of bond or bail — in fact, most people can name the different types of bond such as cash, surety, personal recognizance, etc. While a bond is an amazing thing–it is a mechanism to keep you out of custody while your case is pending–it can be a fragile thing. It is a tool that the courts and prosecutors use as leverage if and when they decide to…