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 automatically go to the Indiana Supreme Court versus the Court of Appeals and covers how a case ...
Tag: constitutional rights
November 20, 2018CD
The Indiana Department of Child Services (“DCS”) is tasked with investigating thousands of reports of abuse or neglect of children each year. This agency is literally the protector of children from certain parents. However, perhaps the oldest and most fundamental of constitutional rights is to raise one’s children as he or she sees fits, despite what the state may think otherwise or would do differently. While DCS has a legal duty to investigate each and every claim in a certain way set forth by statute, including interviewing the child alleged to be in need, this duty does not trump the above-noted ...
June 1, 2017Adam Hayes
The point of a civil or criminal trial—overall--is to ensure substantive and procedural due process and protection of fundamental and key constitutional principles. However, no trial court is infallible and most trials do not occur without legal errors being made. This is why some errors may be deemed “harmless” and not afford a new trial or reversal. Stated differently, this means that unless a given error in a ruling or decision significantly impacts constitutional rights, it may be deemed harmless on appeal and the case affirmed by the Court of Appeals (Indiana’s first appellate court) or the Indiana Supreme Court. One ...
February 22, 2017Adam Hayes
Each and every day children are “detained”, namely arrested, for juvenile delinquency. In essence, juvenile delinquency is the same as a criminal arrest, except the minor is not deemed to be a person with a criminal charge because they are under age. However, juvenile detentions are a significant legal matter and anecdotal evidence Ciyou & Dixon, P.C. advocates demonstrates parents and their children poorly understand their rights and standard ways to respond to a juvenile delinquency detention. This blog explores the law and what juveniles should know. Generally, a juvenile delinquency detention is the same as the arrest for an adult ...
February 17, 2017Adam Hayes
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 or her Fifth Amendment privilege1 in court, deposition, or other context if any statement might cause criminal liability and ultimately a criminal charge. No one can force ...
October 5, 2016Adam Hayes
As a general rule, the final order of Indiana trial courts has the right to appeal. Most are taken to the Indiana Court of Appeals. A few appeals proceed directly to the Indiana Supreme Court. In this blog post, three types of matters that cannot normally be taken up on appeal are discussed as this creates significant confusion for some litigants. The first are interlocutory orders. During the trial process a judge may make dozens or hundreds of orders to move the trial along. Normally, these are not appealable because they are interlocutory (or not final) in nature. However, a trial ...
July 5, 2016Adam Hayes
In Indiana, there are hundreds of thousands of Hoosiers with a License to Carry a handgun. Because of the extraordinary complexity in firearms laws, a person may be denied a license for a number of reasons that can be addressed and the license issued. This blog post covers three key points about denial. First, if you are denied a license, you have the right to a hearing at the Indiana State Police (ISP). They are very dutiful in considering the merits of every denial, but a timely hearing has to be requested and the issues of denial properly addressed. The point ...
October 22, 2015Adam Hayes
In our system of law, those who are suspected of a crime may be requested to make a police statement or be charged. Police, prosecutors, lawyers, and judges have difficult jobs. Each has a different focus and the legal system works best when those who are suspected of a crime exercise their constitutional rights. This blog explores your key constitutional rights under the United States Constitution: The right to be free of illegal searches and seizures (4th Amendment): As a general rule, the police cannot search one’s home without probable cause and a search warrant signed by a detached neutral judge. ...
June 3, 2015Adam Hayes