Whether it be from personal experience or a favorite television show, most have heard of the term “bail.” Bail, in the criminal context, is the amount of money an individual, arrested for an offense, must post in order to be released from custody pending trial. But, you may be wondering, is bail something that is always offered? Or how does the court determine the amount of bail? In this blog, we provide a brief overview of bail and try to answer the questions of when bail is available and how the amount is determined.
In Indiana, our Supreme Court has recognized ... Read More
Category: Criminal Law
06
Jan2021
31
Dec2020
Anyone who has ever been charged with a criminal offense understands the utter toll it can take on your life. Everything can seem like a whirlwind, leaving you in a state of disarray and confusion. Such is understandable, yet, it can also leave you vulnerable and susceptible to making mistakes that may hurt you in the future. Sometimes, the biggest danger to defendants are themselves. If you find yourself facing criminal charges, there are certain things you can do which may help better your case down the road. In this blog, we provide three tips for criminal defendants.
Do Not Resist ... Read More
31
Dec2020
Expungement is the legal process in which an individual’s criminal record is erased; albeit, with certain exceptions. In Indiana, individuals who have committed certain crimes have the ability to seek an expungement of their criminal record. Obtaining an expungement is an extremely beneficial tool for individuals with past convictions or arrests as it provides a chance to move forward in life without the attached stigma that tends to follow criminal convictions. But, what happens if the court denies your request for expungement? Can you appeal? In this blog, we try to provide insight into the expungement process while looking at ... Read More
23
Dec2020
The Indiana Civil Protective Order Act (“Act”) provides powerful relief to help ensure the safety of certain covered Hoosiers who find themselves in dangerous situations, such as a victim of domestic violence or repeated harassment. Additionally, the Act covers certain minor children in harmful situations or individuals, such as from an abusive or drug-addicted parent. While Protective Orders are a powerful tool that can be used for good, they can also be used to wrongfully harm an individual who is not a threat to anyone. This blog provides a brief overview of protective orders, the ramifications of same, and how you can ... Read More
20
Nov2020
Child custody proceedings tend to be confusing and emotional times. Whether it be an initial custody proceeding, or a modification of a pre-existing custody order, the process always seems to be draining on all involved parties. However, you can relieve some of the emotional burden by avoiding some common mistakes many individuals make in custody proceedings. In this blog, we provide four tips for parents in custody disputes in Indiana.
Cooperation and Compromise with the Other Parent. While you may not like the other parent, it is extremely important to work with the other parent. How you behave around the other ... Read More
23
Oct2020
Protective Orders (commonly called “PO’s”) are governed under what is known as the Indiana Civil Protective Order Act. PO’s can be invaluable tools for individuals who find themselves in dangerous situations, such as victims of domestic violence, or minors in an abusive household. But, can anyone obtain a PO? Are there any limitations? Will you need an attorney? In this blog, we provide a brief overview of protective orders, who can obtain a PO, and why you should consider seeking legal counsel for assistance.
The first thing to look at when considering filing for a PO is whether you qualify under the relevant ... Read More
24
Jul2020
The short answer is, it depends. Marital privilege is a privilege developed in common law that deals with the restriction of spousal testimony. Moreover, at common law, there were two independent marital privileges recognized; namely, testimonial privilege and marital communications privilege. In this blog, we look at the parameters of marital privilege and incidents where you may be required to testify against your spouse.
As previously stated, at common law, the marital privilege consisted of two independent privileges. First, there was the testimonial privilege. Testimonial privilege allows either spouse to prevent the other spouse from testifying against him or her. This ... Read More
19
May2020
Anyone who has found themselves in the middle of a criminal proceeding understands the toll it can take on your life. Your life goes from calm to whirlwind in a blink of an eye, leaving you in a state of confusion. This is understandable as the majority of us don’t walk around having fine-tuned our understanding of the criminal justice system. Yet, having a basic understanding of the criminal justice system could go a long way in helping you be prepared if you are in a criminal situation and your defense attorney is defending your case. In this blog, we ... Read More
18
May2020
The Indiana Civil Protective Order Act (“Act”) provides powerful relief to help ensure the safety of certain covered Hoosiers who find themselves in dangerous situations, such as a victim of domestic violence. Additionally, the Act covers certain minor children in harmful situations or individuals, such as from an abusive or drug-addicted parent. While protective orders issued under the Act are unique and powerful tools, they may be abused in cases by a petitioner’s false allegations and issued against a person who is not a threat to anyone. This blog looks at five things to know about protective orders so that you may ... Read More
10
Apr2020
Most everyone has had the unfortunate experience of being pulled over. Whether it be for speeding, not using a signal, expired plates, etc., traffic stops tend to bring a lot of angst for those being pulled over. This is understandable. You may be wondering, can police simply detain you for as long as they want? Do they need your permission? How long can they detain you? In this blog, we look at the basics of a traffic stop and examine just how long a police officer may be able to detain you during a traffic stop.
It should be noted at ... Read More