Almost every client we have had at our firm asks whether there is a “trial tax” if they decide to take their case to trial and lose. Put more simply, they want to know if their punishment will be harsher if they lose after trial. While the obvious answer is, “there shouldn’t be a trial tax and constitutionally there cannot be,” the truth isn’t quite so straight forward. Knowing this can drastically change a defendant’s…
Traditionally, under Indiana Law, even though your case was dismissed or you were acquitted at trial, you still need to petition the court for expungement to clear that case from your record. However, the Indiana Legislature recently enacted new law that provides for automatic expungement of certain records. If your case was filed after June 30, 2022, and did not result in a conviction for any reason, you are entitled to expungement 60 days after…
As a general rule, the State has one year from the date charges are filed, or from the date an arrest is made (whichever is later) to bring someone to trial. Rule 4 of Indiana Criminal Procedure specifies circumstances in which individuals can be released from custody and how their cases can be dismissed when a prolonged delay is attributable to the State. Subsection (A) of Rule 4 addresses defendants in jail specifically. This portion…
If you have been arrested or charged with a crime you may be wondering what are the different options my attorney may have to defend me in my case. In today’s blog we look at some of the most common defenses utilized in defending against a criminal charge. These are some of the most commonly used defenses, however this list is not exhaustive. If you or a loved one has been charged with a crime…
Indiana Code 34-26-5-2 outlines the requirements for obtaining a protective order, also known as a restraining order, in Indiana. Protective orders are legal orders issued by a court to protect individuals who have experienced domestic or family violence against a: A parent, guardian, or another representative may file a petition for an order of protection on behalf of a child against a: To obtain a protective order under Indiana Code 34-26-5-2, the petitioner must file…
In almost any civil or criminal case, you have the right to a trial. There are two types of trial: bench and jury. This is a major decision that can make the difference between winning and losing a case. In a bench trial, the Judge evaluates the evidence and determines which party wins, whereas in a jury trial, a jury of local residents (jurors) decides who wins. Most people assume that all trials are held…
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…