Every litigant in Indiana administrative proceedings or trial courts has the ultimate right to appeal to the Indiana Court of Appeals. Trial courts make many orders, but typically it is the last one deciding the issues that is the final order that is subject to appeal. Usually. However, life and law are complex and sometimes an appealed order is not final as to all of the issues or not a final order at all. A recent case, ... Read More
26
Mar2018
28
Feb2018
Probation is often a tool used by trial courts and is normally within their discretion to order in most cases. It is obviously a desirous outcome for judges, the community, and defendant. Most of the time it keeps the defendant out of jail, at home and work, and the taxpayers from paying for criminal incarceration. However, violations of the terms of probation, such as drug use determined by a positive drug screen, may result in a violation of probation (VOP) being filed by ... Read More
25
Jan2018
What You Need to Know About the Crime of Criminal Recklessness!
Normally, incidents ranging from an auto accident to throwing a rock and hurting someone are civil matters. As a result, you may sue or be sued in civil court under a tort theory. Sometimes negligent acts are covered by auto or homeowner’s insurance coverage and sometimes not. However, at some indeterminate point, negligent acts cross the line and become criminal matters. Do you know where this line is at, and when your actions may be ... Read More
09
Jan2018
Several years ago, the Legislature passed an expungement statutory scheme to “expungement” or remove old felonies and other arrest and misdemeanor convictions occurring in Indiana from a person’s criminal history. Expunged crimes were basically removed from a person’s criminal history, with the exception of certain uses by law enforcement or in the case of subsequent crimes.
These expungement statutes recognized people change over a long period of time. However, many remained “haunted” and limited in their daily life by an old criminal history. This is ... Read More
05
Jan2018
Yes. A juvenile delinquency investigation is effectively a criminal investigation. If your child has an inquiry made by the police, you need to know his or her rights to be a parent and the consequences of this type of case to minimize the impact of such an investigation and give your child the constitutional protections available to them. The serious nature of a delinquency investigation is the purpose of this blog post, as anecdotal evidence suggests this is grossly misunderstood by parents.
You ... Read More
03
Jan2018
In criminal and domestic cases in particular, a litigant is often at his or her lowest point in life, facing a serious criminal charge or a messy and protracted divorce. The outcome of the case may shape their future. For this reason, most lawyers have encountered family and friends wanting to pitch-in to fund a proper case for a loved one. The question that arises is what are the ethical and practical limits to third-party payers. This is the focus of this blog post.
The first ... Read More
19
Dec2017
In Indiana, there are thousands of DCS’ investigations each year. Many result in filing a petition to open a CHINS’ action against the parents. In the initial investigation from the DCS to and through the hearing, if a CHINS petition is filed, parents have the constitutional right to counsel. The question this blog post focuses on is, “Should parents have private counsel?”
The answer is “probably.” There are four key reasons parents should seriously consider counsel. First, a CHINS’ proceeding ... Read More
12
Dec2017
We all make New Year’s wishes, right?
For thousands of Hoosiers, their wish is to have a clean criminal record without an old misdemeanor or felony conviction holding them back from job opportunities or having a firearm and license to carry. In the last several years, the Legislature has added several laws to allow you new ways to “remove” old convictions. This blog explores these and the legal remedies now available to you.
The oldest legal tool for addressing a past criminal conviction is post-conviction relief. This ... Read More
29
Nov2017
A. The right to use force and deadly force in Indiana.
Under Indiana’s use of force statute, a person is justified in using reasonable force against another person to protect the person or a third party from what the person believes to be the imminent use of unlawful force. Further, a person is justified in using deadly force and does not have a duty to retreat if the person reasonably believes the use of this level of force is necessary to prevent ... Read More
21
Nov2017
Criminal matters are generally thought of in two or three categories: Felonies, Misdemeanors, and Infractions.1 Generally, infractions are offenses that are punishable by a fine but not jail time, such as a speeding or parking ticket. Felonies and misdemeanors are labeled by numbers regarding the level of crime and this letter may indicate the level of punishment assigned to the crime. The most significant issue for a defendant is to wind up with a Felony conviction as this may cause loss ... Read More