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 ...
July 24, 2020CD
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 ...
May 19, 2020CD
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 ...
May 18, 2020CD
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 ...
April 10, 2020CD
In criminal cases, sometimes the biggest danger to defendants and their chances at a good plea or prevailing in a bench or jury trial are themselves. The reasoning is that many defendants may not have a full grasp or understanding of the legal system. If you find yourself facing criminal charges, or have been charged, you should be aware of some of the common mistakes made by criminal defendants that may significantly jeopardize their case. In this blog, we cover four common mistakes made by criminal defendants so that you can avoid the same. Sharing Information on Social Media. One of ...
April 7, 2020CD
Most of us have heard the term “probable cause.” But what is it? When does it apply? Who makes the determination? These are all questions we hear frequently from our clients. In this blog, we look to provide a brief overview of probable cause in a criminal case, and when it applies. Under the U.S. Constitution, as well as the Indiana Constitution, there is a provision that states, “no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.”1 In a nutshell, this ...
April 1, 2020CD
In Indiana, a court may impose a bail bond against the person charged with a crime. The purpose of a court imposing bail is to either: ensure the individual’s appearance at court; ensure another person’s physical safety; or to ensure the safety of the public at large.1 However, many individuals are unable to post the amount required. So, what do those individuals do? Do they have to just sit in jail? In this blog, we look at how an individual may be able to reduce the amount of bail required by the court. The general rule is that a court may ...
March 27, 2020CD
Being accused and arrested for a crime is a scary and frustrating experience for individuals. This experience can be all the more freighting if you are not guilty of the crime. When individuals find themselves in this unfortunate situation, it is important to remember that you have rights! Law enforcement officers will only provide you with your right as they are constitutionally required to do so, so it is going to be up to you to understand your rights. In this blog, we provide three tips for individuals to keep in mind if you are questioned and/or arrested. Remain Silent. Once ...
March 13, 2020CD
In essence, juvenile delinquency is basically the same as a criminal charge for an adult. However, there are some major differences between the two that an engaged citizen should know. Many people would be shocked to know that juveniles do not have all of the same rights as adults when a juvenile is accused of committing a delinquent act. The reasoning behind the lack of certain rights is due to the purpose and nature of juvenile delinquency proceedings as compared to adult criminal proceedings. However, this does not mean that there aren’t major consequences if a juvenile is determined to ...
March 4, 2020CD
Protective Orders are powerful tools in the legal sphere. Protective Orders can be used to help ensure the safety of individuals in dangerous situations, such as victims of domestic violence, or minors in an abusive household. While Protective Orders are a powerful tool that can be used for good, they can also, by design, 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 the same, and when you may want to think about defending yourself. The Indiana Civil Protection Act is designed to promote ...
February 28, 2020CD