indianapolis criminal defense lawyer

The Indiana Expungement statutes are complex and carry lots of caveats. To simplify them, you can start with an assumption that all criminal cases can be expunged, then you start carving out lots of exceptions. This article does not discuss the various waiting periods and other requirement necessary to get a case expunged, but rather the simple question of whether or not a particular conviction is ever expungable. Below is a table of offenses that…

I.C. 35-50-1-2 When Defendants are sentenced in criminal cases often there are multiple counts as part of the same case and/or multiple cases being wrapped up all at once. Whether it be by plea agreement or post-conviction at trial, the issue of consecutive (one after the other) or concurrent (running together) sentencing is often raised and becomes important. According to IC 35-50-1-2, generally speaking, unless the parties are in agreement to the contrary as part of…

Effective January 1, 2024, Indiana’s Rules of Criminal Procedure underwent a significant overhaul. The Indiana Supreme Court approved the new Rules of Criminal Procedure after a yearslong process of study, proposed rules, commentary, and deliberation by stakeholders in the criminal justice system. The new rules should be of great benefit to both criminal defendants and their attorneys, as they largely standardize practice in courts across the State of Indiana. In updating the Rules of Criminal…

Chain of Custody is a legal term of art that occasionally becomes an issue when dealing with the admissibility of evidence at trial.  Chain of custody is defined as the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of evidence.  In order to admit fungible evidence, there typically must be evidence as to the item’s chain of custody to ensure the item is what it purports to…

We often get calls from individuals who are classified as sexually violent predators under Indiana law.  Oftentimes people are confused about why they are classified as a sexually violent predator when they were never told that at their sentencing hearing.  A person can be classified as a sexually violent predator under Indiana Code 35-38-1-7.5 if certain circumstances exist. Under Indiana Code 35-38-1-7.5(a), a sexually violent predator is defined as a person who suffers from a…

Many people call our office wondering if it’s a good idea to hire an Indianapolis criminal defense attorney before they are officially charged by the prosecutor’s office. They have a million questions about what could happen and what has already happened. The majority of those questions revolve around what a lawyer can provide during that stage of the process. This blog will address the questions here. First and foremost, having a lawyer onboard ahead of…

Introduction: In today’s blog, we delve into a crucial aspect of criminal law that has shaped the landscape of individual rights—the Miranda warnings. Named after the landmark 1966 Supreme Court case Miranda v. Arizona, these warnings have become synonymous with protecting individuals’ constitutional rights during interactions with law enforcement. This blog post aims to unravel the significance of Miranda warnings in a criminal case and their role in safeguarding the rights of the accused.  Understanding…

The vast majority of criminal sentences in Indiana result in the Defendant being placed on probation. For example, you will commonly see misdemeanor cases where the sentence is “365 days in jail, all suspended to be served on probation.” What this boils down is one year of probation, with up to a year served in jail if you violate your probation. Probation always comes with a long set of rules and they can vary from…