A common statement or question from litigants relates to obtaining attorney’s fees for the expenses for their attorney in general civil litigation and divorce and paternity cases. Most of America’s laws are based on English common law. Under common law, the prevailing (or winning) party was entitled to receive an award of fees from the loser. In our society, this would be a difficult rule to apply as some cases have multiple parties and/or legal issues and a party may “win” some and “lose” some legal issues.
For this and many other reasons, ... Read More
12
Jul2018
24
May2017
A great deal of criminal law turns on bedrock constitutional tenets set forth in the United States Constitution, in particular, the Fourth, Fifth and Sixth Amendments. Anytime police are searching your car or home, the Fourth Amendment applies in several ways. One of the misunderstood concepts is protective sweeps for officer safety, a topic again just addressed by the Indiana Court of Appeals.
Obviously, at this time with police officers in some areas being targeted, it makes sense that in a stop of a car or ... Read More
18
May2017
Several years ago, the Indiana General Assembly passed a comprehensive civil protective order act. This legislation was aimed at addressing the problem of domestic violence within certain family units. Now, a version of this uniform act is adopted in virtually every state.
There is a national depository where domestic protective orders are immediately placed online and available to law enforcement agencies throughout the United States. However, there is growing concern that these are abused by certain litigants in domestic cases, particularly contested divorce and paternity matters.
This ... Read More
23
Mar2017
The Implications of Scotus Riley V. California
Today, more than 90% of American adults carry cell phones (which are really mini-computers) and, by now, most are likely aware that these devices contain a digital record of nearly every aspect of their lives, from the mundane to the intimate. Some may assume this is private, but, the judiciary has helped to preserve our digital privacy, namely the U.S. Supreme Court’s 2014 ruling in Riley v. California that is still working its ... Read More
09
Mar2017
Maybe and Maybe Not!
Criminal prosecution and defense, as with the rest of law and society, has become complex. Thus, even routine criminal cases should be pair an accused with an informed and skilled defense counsel. The Indiana Supreme Court’s recent case on Miranda warning in a field sobriety checkpoint reflects this need.
Typically, during any police detainment of any duration and questioning, Miranda warnings apply. However, in State v. Brown, the Indiana Supreme Court ruled consistently with ... Read More
23
Feb2016
The mediation process is confidential, and a mediator can only report to the court whether the parties settle, providing the agreement or did not settle. The parties and litigants also cannot relay anything they learn in mediation during the litigation process.
However, even with these limitations, a failed mediation is usually very helpful to the parties in moving forward in four ways. First, a party learns about the case and how it is viewed by the other side in weaknesses (and inferentially in ... Read More
04
Feb2016
Our society is one of the greatest in history because of our fair and impartial legal system. To ensure the proper balance between the citizenry and police officers, those suspected of crimes are not required to give incriminating statements and have the right to counsel.
At the time a person is stopped by the police or arrested he or she should exercise these rights: remain silent and ask for an attorney. This does not mean to be rude ... Read More
19
Nov2015
The issue of and statistics about domestic violence have received significant state and national attention over the last several years. Actual or threatened domestic violence may result in criminal charges with the right to remain silent or a civil domestic protective order.
A civil domestic protective order is issued to attempt to stop threats or risk of harm to the person who petitions for it. Such an order may be granted without a hearing or after a hearing is set and the alleged perpetrator is given notice to ... Read More
06
May2015
In matters of the heart, about every domestic attorney has heard a truly sad story about someone breaking up a relationship. In some cases, there may be a legal remedy to address the matter. Novel to mainstream remedies includes defamation lawsuits to seeking a protective order.
However, there are limits on statutory and/or common law cases that were once permitted. So what you think may be actionable and result in a court victory may not be so clear after all. There are four civil or criminal acts of yesteryear that are now prohibited.
The ... Read More
13
Jan2015
A recent Supreme Court of the United States case addressed the issue of whether a search warrant is needed in order to search the contents of a person’s cell phone1. In this digital age of a cell phone acting as a lifeline to users (calendar, alarm clock, video/song player, financial planner, etc.), a device no bigger than a deck of playing cards can contain personal and intimate information about not only the owner, but others as well.
In the recent ruling, the Court held that in order to search extensively the ... Read More