indianapolis criminal defense lawyer

A home is someone’s most intimate and familiar place.  Home is supposed to be where a person should feel safe.  As such, the 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government.  The Fourth Amendment stands for “the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.”  Silverman v. United States, 365 U.S. 505, 511 (1961).   When the…

Almost every single day our office receives calls from people charged with crimes involving victims on the other side. Just as often, the accused will say to us, “the victim doesn’t want me charged, but I got arrested and charged anyways, why?” Or, “the victim asked the prosecutor to dismiss the charges, but the prosecutor won’t, why?” The simple and straightforward answer is one that people don’t want to hear and often don’t understand. If…

Should I Hire an Expert Witness for my Criminal Case? The most common form of evidence in criminal trials is lay witness testimony.  Typically, the state will call witnesses to the stand that personally observed an alleged crime.  Prosecutors will ask the witness what the witness observed, heard, or perceived.  The factfinder (judge or jury) will then place whatever weight they deem appropriate on the witness testimony in conjunction with the other evidence presented at…

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…

Generally speaking, if you’re convicted of a felony, you may be committed to prison.  There are a few exceptions that apply for level 6 felonies which are described below.  The term prison is used in reference to a facility of the Indiana Department of Corrections (IDOC).  Currently, there are 19 IDOC facilities throughout the state.  This include 3 women’s facilities, and 2 intake facilities.  The facilities are categorized as being either minimum, medium, and maximum…

In an effort to encourage trial judges to release those arrested of alleged crimes earlier, reduce expenses and overuse of jail resources, enable those arrested to return to their jobs and provide support for their families, and eliminate the unfair incarceration of those who cannot afford a bail, the Indiana Supreme Court adopted Criminal Rule 26. Criminal Rule 26 could completely change the bail/bond process courts use. Instead of assigning bond amounts to those accused…

Thanks to the Indiana Constitution, citizens have the right to be, “secure … against unreasonable searches and seizures.” Ind. Const. art. 1§ 11. This does not apply when a law enforcement officer has reasonable suspicion that criminal activity is happening. Does this sound vague? Reasonable suspicion is intentionally vague, permitting more information to reach officers. The Supreme Court held that to make, “reasonable suspicion determinations” the lower courts should look at the “totality of the…