indianapolis criminal attorney

One of the main questions a defendant asks when facing a potential criminal offense is, “who is the best criminal defense attorney in Indiana?” And, if you think about it, that makes sense. Criminal cases have the potential to have lifelong consequences. So, it leads to reason that anyone who is facing a criminal offense is going to try to track down the best criminal attorney for their particular case. The list below is meant…

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…

Possession of a Firearm Without a License The right to bear arms is protected by the U.S. and Indiana State constitutions.  The Second Amendment to the U.S. Constitution reads, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”  The Indiana constitution also addresses the right to arm oneself.  Article I section 32 reads, “the people shall have…

Although not commonly used throughout the state, there is a law which creates an avenue for somebody to have their OVWI/DUI case dismissed. The process is called conditional deferral, commonly called a Title 12 deferral and is allowed under Indiana Code 12-23-5. According to this law, if somebody is charged with a crime under IC 9-30-5 (generally, operating a vehicle while intoxicated or operating a vehicle with a BAC above .08), as long as it’s…

A Look at Typical Conditions of Probation Almost every single criminal case involves some type of probation – and, with jail overcrowding and movement towards Evidence-based sentencing, probation is a very popular option for the courts. While most people think they know the basics of probation, our firm phone rings off the hook with defendant’s on the other end complaining they didn’t fully understand the conditions of their probation. While most of those defendants were…