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…
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…
A Look at Motions to Suppress Motion to Suppress, What is it and When Should it be Used One of the tools in war chest of every Indianapolis criminal defense lawyer is the Motion to Suppress. A Motion to Suppress is basically a motion an attorney can file asking the judge to order that certain evidence is removed from the case and not able to be used in the trial due to some sort of…
What is the Crime of Corrupt Business Influence in Indiana? Indiana has a criminal statute that goes by a weird name. The statute that is being filed with more regularity is the crime of corrupt business influence. The statute was designed to punish longstanding corrupt criminal business practices that didn’t fit into a different type of crime. The corrupt business influence statute reads as: A person: (1) who has knowingly or intentionally received any proceeds directly…
May 9, 2017 the Indiana Supreme Court made a ruling in the case of Thomas Pinner v. State of Indiana under case number 49S02-1611-CR-610, holding that the sole fact a person has a gun is not a sufficient reason for the person to be stopped and searched. In February 2015, a taxi driver called the police after a man and a woman got out of his cab because when they exited, the man dropped a…
So you have been charged with a low level felony or a misdemeanor and you absolutely cannot have a conviction on your record, now what? A diversion or deferral might be something that could work for you depending on a number of factors. The law in Indiana (IC 33-39-1-8) provides that those who have committed low level crimes or are first time offenders are sometimes able to dismiss their charges. This is called a diversion…