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Is Battered Person Syndrome a Defense to Criminal Charges in Indiana?

Indiana law allows evidence to be introduced at trial of prior acts of violence perpetrated by the alleged victim on the defendant. Indiana labels this defense as “effects of battery.” “Effects of battery” is defined as “a psychological condition of an individual who has suffered repeated physical or sexual abuse inflicted by another individual who is the victim of an alleged crime for which the abused individual is charged in a pending prosecution.” IC 35-31.5-2-109….

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Should I take my Criminal Case to Trial?

If you have picked up a new criminal case that is a very scary and daunting event.  You are worried about your freedom, your right to bear arms, if you’re facing a felony having a record that will greatly limit you; overall it is just a very stressful and frightening situation.  One of the more difficult decisions you will have to make is how to resolve your case.  That can be by a plea agreement,…

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Am I Eligible for a Reduction in my Federal Sentence Based on the New Amendments to the Sentencing Guidelines?

Posted in On October 6, 2023

There has been much discussion lately regarding the upcoming November 1, 2023, effective date of Amendment 821 to the Sentencing Guidelines. While this amendment is not yet effective because it remains with Congress for a 180-day review period ending November 1, 2023, if Congress fails to act to disapprove the amendment by that date it will become effective. It’s expected that Amendment 821 will become effective, and it will give District Court Judges authority to…

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What is a “Vehicle” for Purposes of the OVWI Statute in Indiana?

Operating a Vehicle While Intoxicated (OVWI) is one of the most frequent crimes charged in Indiana.  While it is never a good idea to get behind the wheel after drinking alcohol to the point of intoxication, many people think that motorized scooters or bicycles are a safe, legal way to get home after a day (or night) of drinking.  The question becomes, then, is it possible to get an OVWI on a scooter or bicycle? …

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How do the Federal sentencing guidelines work?

Posted in On August 24, 2023

If you or someone you know has been charged with a federal crime, you are probably concerned about the potential for a lengthy sentence.  Some federal offenses, such as Brandishing a Firearm During and in Relation to a Crime of Violence, carry statutory mandatory minimum sentence.  For the Brandishing offense, Congress has imposed a mandatory minimum sentence of seven (7) years.  The maximum sentence is life.  Other federal offenses, such as Wire Fraud, carry no…

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When are Warrants Required and When are Warrantless Searches Allowed?

In criminal law, almost everyone realizes that police officers cannot search people or places on a hunch without probable cause or a search warrant. Part and parcel to this common knowledge is the expectation from the average person that in order to search a person or property the police should be required to have a warrant. And, while that is true for many situations, what most people don’t realize is that there is a myriad…

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Court of Appeals Issues Landmark Criminal Rule 4 Decision

For any defense attorney that practices criminal law around the State of Indiana, there are unique differences to each County, especially when it comes to how quickly they receive discovery. Often, some of the State’s busiest counties experience significant delays in providing discovery. The classic examples are an OVWI case where the State takes more than a year to provide lab results, or a shooting case where the State takes more than a year to…

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What to know if you’re charged with a Federal crime in Indiana.

Posted in On June 30, 2023

Facing criminal charges of any type can be scary and life-altering.  There is the risk of incarceration, fines, or other loss of liberty.  However, when a person finds himself or herself in the crosshairs of the federal government, the associated concern often grows.  The federal government has a reputation for pursuing and often obtaining significant sentences, usually exceeding what equivalent state laws may call for.  This is among the many reasons it is crucial to…

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