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Trespass, Residential Entry and Burglary

Trespass, residential entry and burglary all involve someone invading the property of someone else.  However, the elements to prove each crime and the penalties involved are significantly different.  This week’s blog will take a look at each in order from least serious to most serious. First we start out with the crime of trespass.  Everyone has seen the signs posted that say “no trespassing” or trespassers will be prosecuted, but how exactly does this crime…

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The Habitual Offender Status in Indiana

As many of you are aware, our General Assembly this year passed a comprehensive overhaul of our criminal code.  Some of the changes have been highlighted in previous blogs, and this week’s post takes a look at the habitual offender enhancement in its current form. What is a habitual offender? Habitual offender enhancements are used to increase the penalty for a given crime based on an individual’s criminal history.  The habitual offender enhancement must be…

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A Look at the Charge of Theft Under the New Criminal Code

I’ve Been Charged with Theft – Now What? Recently we highlighted for you the significant changes that have taken place with respect to felony offenses in Indiana.  One change in particular merits special attention as much for its significance to many criminal defendants (and practitioners) as for its effect of making the punishment more proportional to the crime. Prior to the change in the law effective July 1, 2014, the theft statute read as follows:…

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Jail Phone Calls and the Ramifications of Saying Too Much

Jail Phone Calls — Is Someone Really Listening? YES! One of the biggest temptations for any defendant once they get behind bars is to call loved ones. Obviously, anyone in that situation would feel the need to reach out to their support group for help, advice, and/or direction. However, and almost without fail, we see instance after instance of inmates talking about the facts of their case to loved ones. And, in almost every single…

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The Top 5 Misconceptions on Criminal Warrants

Posted in On May 18, 2014

One of the most common phone calls we get in our criminal defense office is from random defendants asking questions about an open warrant for their arrest. Obviously, and understandably, they are scared and want to know all the options. Typically what they think they know and what they learn after talking to us couldn’t be farther apart. Thus, having received hundreds, if not thousands, of calls from defendants on their outstanding criminal warrants, we’ve…

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Indiana’s Sex and Violent Offender Registry and the Crimes that Require Registering

A Quick Look at Indiana’s Sex or Violent Offender Registry Requirements  Most criminal cases bring some sort of self-shame to a defendant’s life. Whether it is the requirement to check “yes” on a background application question on criminal history or being unable to own or possess a firearm from a felony, etc. — we all know criminal convictions have a huge impact on peoples’ lives. Moreover, obviously, some crimes have larger effects than others. And,…

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My Child Was Arrested, Now What??!?

My Son or Daughter Was Arrested, I Need Help…What Should I Do?!!?? One of the worst phone calls a parent can receive is a collect call from a jail and a familiar voice on the other line, saying, “Mom and Dad, I did something really stupid, and I got arrested last night.” While you first struggle to contain the rage you have boiling up inside at their poor decision-making skills, you are also quickly overcome…

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A Look at the Crimes and Penalties for Dealing in Drugs in Indiana

A Look at Indiana’s Most Common Drug Dealing Statutes More and more often, our firm receives calls of defendants being charged with dealing in drugs; thus, it goes without saying that detectives and the state of Indiana must be focusing more and more on charging people with it. That’s because whenever drugs are involved, police and prosecutors are actively looking to add a dealing charge on top of any possession charges they may file. Why?…

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