Maybe. The Constitution’s Second Amendment1 right to bear arms is a right enjoyed by most, but one that is not absolute. Perhaps most notable is a person that has a felony conviction---knows just how many consequences come with it. In Indiana (and under federal law), an individual does not have Second Amendment rights with a felony conviction.2 This means he or she cannot purchase firearms.3 Another limitation is the inability to possess a firearm.4 The question or consideration for felons is to know how far constructive possession extends? Does ... Read More
14
Dec2018
27
Nov2018
“You have the right to remain silent” is a phrase most have heard, whether it be from a television show or personal experience. This phrase is from what is known as (a part of the) Miranda rights. Miranda rights are a centerpiece of the American legal system and arise out of the United States Constitution’s Fifth Amendment right against self-incrimination. When exactly does an officer have to read an individual their Miranda rights? And what happens if an individual is not ... Read More
20
Nov2018
Probably not, at least right away. Ultimately, yes. Much of what lawyers and clients do in the legal system is far removed from the courtroom. However, where litigation is involved, the stakes are often high—in terms of loss of freedom, money/property or children. This type of litigation is a client’s life. A court loss is traumatic and sometimes leads to an appeal. All appeals are important but sometimes litigants just want “to go to the supreme court”. This blog covers few cases that ... Read More
06
Nov2018
Breaking News: Indiana Court of Appeals Determines Marijuana Grinder Not Paraphernalia Under Statute
“Paraphernalia” is a strange word, but one that most of us have heard at some point in our lives. But what exactly does it mean? And what are the legal consequences involved if it is criminal contraband? The term paraphernalia is used in many contexts and has varying legal consequences depending on circumstances, such as, whether you are in possession of paraphernalia or whether you manufacture paraphernalia. In the (penal) drug world, possession of paraphernalia in defined as possession of “an instrument, a device, or another object that the person intends to ... Read More
24
Oct2018
Under Indiana law, you can be convicted of possession of illegal drugs (or other contraband such as a gun) found during the search of a passenger vehicle, even if you are merely the passenger. This concept is called constructive possession and is used to charge and convict both drivers and/or passengers when there is no way for the State to prove direct ownership or control over the drugs or who knew the illegal items were in the car. This is not a new legal concept.
To balance innocence, in cases of constructive ... Read More
18
Oct2018
“You have the right to an attorney” is a common phrase most everyone has heard. But what is the significance of this phrase? And how far does this right extend? An individual, in criminal proceedings, always has the right to an attorney. This right is protected by the Sixth Amendment of the United States Constitution. The importance of this right is that it ensures the defendant is not subject to unfair coercion on the part of the state or government. As such, police officers are required ... Read More
11
Oct2018
One key aspect of the American legal system is the prohibition against warrantless searches of your home. As you may know, police officers cannot search your home without first obtaining a search warrant. This embodies the English common law notion and societal view that your home is a special place—your castle—and should only be subject to search under a high legal standard. But what happens if a police officer does not first obtain a search warrant? Or searches the wrong house? The general rule is that any evidence of criminal activity obtained ... Read More
10
Oct2018
Indiana recognizes a parental discipline privilege, which gives a parent legal authority to apply reasonable force upon their child as the parent reasonably believes necessary for proper control, training, or education. While a controversial subject in the legal and psychological areas nationally, Indiana parents have what is known in criminal law as the “parental discipline privilege”. In blunt terms, parents have the legal right to spank their children. However, this is not an absolute right, and Indiana trial and appellate courts have tackled the issue of parental discipline in several cases; they ... Read More
17
Sep2018
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 in that they can be granted ex parte,1 they may be abused in cases by a petitioner’s false allegations and issued against a person who is not a ... Read More
05
Sep2018
The concept that you are “innocent until proven guilty by evidence beyond a reasonable doubt” is a cornerstone of the American legal system. Arising out of this important legal concept is what is known as the rule of lenity. The rule of lenity requires that criminal statutes be strictly construed against the drafter (the State), and any ambiguities or uncertainties that exist within the statute are to be applied in the manner most favorable to the defendant. The reasoning behind this is that an individual, who is presumed innocent, should not be ... Read More