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. ...
Most everyone has had the unenviable experience of being pulled over. Whether it’s a speeding ticket, or a warning for expired plates, being pulled over is pretty unpleasant time. Fortunately, these encounters tend to be brief and somewhat painless. Sometimes, however, they are not. What started as a simple traffic stop may quickly escalate into something more. This blog provides a brief overview of your rights during a traffic stop. The Fourth Amendment protects against “unreasonable searches and seizures.” A seizure, for Fourth Amendment purposes, occurs ...
The short answer is no. You are not required to talk to the police at any point in time, even if you are charged with a crime. You are, however, required to provide officers with your name if asked, but beyond that, you do not have to answer questions. This blog covers a basic overview of police encounters and your rights during the same. The Fifth Amendment of the United States Constitution provides you with two powerful weapons ...
Unfortunately, the answer is, it depends. Generally speaking, police officers are required to obtain a warrant from a neutral magistrate before conducting a search or seizure. Evidence obtained in violation of this general rule is excluded at trial by a motion to suppress. There are, of course, exceptions that you should be aware of to avoid unnecessary risk. This blog provides a brief explanation of the warrant requirement, looks at the exceptions, and most importantly, illustrates the importance of good trial counsel. The Fourth Amendment of ...
Parents constantly worry about their children. The problem is magnified when the threat of harm to the children comes from your ex (or biological parent) as like you, they too have a fundamental right to raise their children. However, courts treat abuse—particularly physical abuse very seriously— as they are charged with always looking out for the children’s best interests. This blog covers legal tools you may engage to obtain “protection” for you children to key evidence you may need to make your case. Depending ...
The Fourth Amendment of the United States Constitution protects individuals from illegal searches and seizures. This means that when police officers illegally conduct searches or illegally seize items, evidence obtained as a result of the illegal search or seizure cannot be used against the individual to convict them. Most illegal searches occur in the absence of a search warrant, but, not every warrantless search will justify a Fourth Amendment violation. There are exceptions ...
The Fourth Amendment of the United States Constitution protects you from illegal searches and seizures. This means that when police officers illegally conduct searches and illegally seize items, evidence obtained as a result of the illegal search and/or seizure cannot be used against the individual to convict them. The starting point in determining whether the search or seizure was illegal depends on the circumstances. To claim that there was an illegal ...
Indiana's Safe Haven Law promises anonymity, but are there exceptions? Ciyou & Dixon, P.C. Family Law Attorney, Julie C. Dixon speaks with RTV6 Indianapolis about this complicated issue.
The Indiana Court of Appeals made it abundantly clear that if you want to interfere with a criminal proceeding by refusing to testify and do so with a grant of immunity, you will go to jail. A key new case on this rule is the topic of this blog post. In Michael Leroy Tunis v. State of Indiana, 2019 Ind. App. LEXIS 322, Tunis was called upon to testify against Samuel Jude Clark in Clark’s trial for alleged ...
As feds crackdown on 'straw sales,' other illegal gun sales remain harder to track. Ciyou & Dixon, P.C. - Firearms Attorney, Bryan L. Ciyou speaks with Channel 13 Eyewitness News about straw purchases of firearms.