In today’s digital age, a cell phone or hand-held device is basically a sophisticated hand-held computer as well as a primary means of communication. Given this, there is general uniformity in the law that to search a cell phone or computer, the police have to have probable cause and a search warrant, just like your home. This is guaranteed by state constitutions the Fourth Amendment to the United States Constitution and applies in all states,1 which is important if the state has a ...
May 31, 2017 / Criminal Law
Perhaps any seasoned civil or criminal trial attorney has had (or heard about) the horror story case where his or her client (now potential criminal defendant) did not understand that the right to remain silent1 applies in all places, at all times, and to all statements where it could later result in criminal charge. Silence is priceless. This blog post addresses three areas you must know and understand where you, a citizen, would be better served by consulting ...
In polling a room full of people who have experienced divorce, some will contend their ex-spouse is "crazy". Part of this is gallows humor and a way to cope with this past or present stressor; there are those for whom the situation will be a reality. This blog post addresses divorce and mental health statistics means to obtain a diagnosis or assessment under the law, and key implications for the divorcing parties. First, divorce itself is now recognized as a traumatic experience and possible ...
In Indiana a significant number of the adult population has a License to Carry a Handgun. Because of the ease of concealment, the rules and regulation to obtain a License are in many respects more restrictive than the right to purchase a firearm. There are four key mistakes that cause an Application for a License to be denied, with some ability for assistance by an attorney to remove the prohibiting factors. 1. The first is an applicant has ...
Four Things You Must Know About Asserting Your Right to Remain Silent in Any Civil or Regulatory Proceeding
October 5, 2016 / General Practice
Generally, everyone is aware that in any criminal questioning by police or prosecutors or criminal court proceedings, a person with any potential criminal exposure can assert his/her right to remain silent. However, this right is much broader, and to be a good citizen and be afforded constitutional rights, there are four things you must know about your right to remain silent. First, in any proceeding, such as a divorce, a person may assert his ...
A common goal good family law attorneys seek to reach with any divorce or end of other parent-child relationship, as well as the judges who manage these cases, is to prepare their clients to avoid future hot-button issues. Where divorced couples have children, a new step-brother or sister or half-sibling can cause instability in subtle ways that may lead the parents back to court and undo the healing that comes with the closure from divorce. This blog post highlights three of the most common such dynamics. The first ...
March 8, 2016 / Protective Order
The Doctrine of Unintended or Unknown Consequences Throughout the United States, including Indiana, there is a relatively uniform system in place to allow certain parties in domestic relationships to obtain an ex parte (without notice to the other party) protective order. There is a specific, short time to challenge this order if granted or may stand for up to two years. In daily life, many persons who are served with POs do not challenge them because of the stress and a variety of other reasons. However, ...
The first thought of a divorce is a hard one for most people. All thoughts rapidly turn to “what if” based on uncertainty. However, most everyone has a friend, associate or ex-spouse that provides some foundation for information getting the basic divorce “to do” list complete: who will get the kids and on what schedule, which car do I want, who will be “his” or “her” friends after the legal matter is a distant memory. However, with a marriage of any duration, there are many complex considerations associated with untangling any ...
Protective Orders, or POs, are a civil lawsuit used to protect a victim against a harasser or stalker. POs are in the nature of injunctive relief. Essentially, it is a court order prohibiting certain behavior of the harasser or stalker, towards the victim. A PO is NOT a No Contact Order. Popular portrayal in movies and TV shows often indicate that a Protective Order requires someone to stay at least so many feet or yards away from the victim. However, in Indiana, this is not true. Protective Orders ...
In criminal matters, one of the more common issues is evidence and what comes in and is admissible, and what is kept out and is inadmissible. For example, a previous blog post discussed Miranda Warnings and how they generally apply to questioning. If a confession is obtained without proper Miranda Warnings, it is likely not admissible in Court. Other information would have to be used as evidence to show that a crime was committed. Similarly, if evidence ...