Maybe. The Constitution’s Second Amendment1 right to bear arms is a right enjoyed by most, but one that is not absolute. Perhaps most notable is a person that has a felony conviction---knows just how many consequences come with it. In Indiana (and under federal law), an individual does not have Second Amendment rights with a felony conviction.2 This means he or she cannot purchase firearms.3 Another limitation is the inability to possess a firearm.4 The question or consideration for felons is to know how far constructive possession extends? Does one have to have the firearm on their person with a ...
December 14, 2018CD
We have all exercised our First Amendment Right to free speech at some point in time, perhaps even in a tense debate. However, in the heat of the moment, it is important to be aware that “the First Amendment. . . permits a State to ban a ‘true threat’. . . .”1 If this occurs, this is criminal intimidation and can result in arrest and conviction. This blog post explores this limit to help you avoid crossing the line. Specifically, “where the person making the threat means to communicate a serious expression of an intent to commit an act of unlawful ...
October 3, 2017CD
Permanency and stability are keys for children; Courts are mindful of this in considering all requests for custody modification in a child’s best interests. For this reasons, Indiana trial courts and attorneys are reluctant to entertain “emergency” motions for child custody modification in all but extraordinary situations because this is incongruous with taking the time to allow the attorneys to develop the evidence and present the case. However, there are four somewhat common situations where a trial court may set an emergency hearing and modify custody, if the right evidence is present: (1) criminal arrest or conviction; (2) drug or alcohol ...
November 23, 2016Adam Hayes
While very few cases of the tens of thousands of cases carefully decided by Indiana trial court judges are appealed to the Indiana Court of Appeals or Indiana Supreme Court each year, a litigant with an adverse civil judgment or criminal conviction should carefully weigh the options of appealing. This is because a judgment after the time for appeal (typically 30 days) stands and there are very few legal reasons to bring a challenge at a later date. In criminal cases, first, the failure to appeal to highest discretionary court (meaning the court does not have to accept the case) limits ...
November 3, 2016Adam Hayes
In all criminal convictions (sentencing) and civil judgments (final orders), the non-prevailing litigant has an automatic right to appeal. Most appeals go to the Indiana Court of Appeals. With a criminal conviction at the time of sentencing, a defendant who believes he has been wrongfully convicted or received an excess sentence should most always appeal. This blog explores the two key reasons for seeking such an appeal, even in a case such as a revocation of probation. First, failure to seek an appeal may well mean a conviction of an innocent person (on some or all counts stands) attaching a criminal ...
July 14, 2016Adam Hayes
The concerns about domestic violence in many Western countries has led to detailed studies and new laws about this often unreported crime. Most states in the United States have specific statutes for criminal domestic battery where there are certain intimate relationships involved. In a recent blog post, the seriousness the United States has placed on this issues was discussed because of the SCOTUS case affirming that a misdemeanor conviction of domestic violence could cause a life time loss of the core civil right to keep and bear arms (the other core civil liberties are the right to hold elected office, sit ...
July 12, 2016Adam Hayes
Generally, in civil and criminal cases, you can appeal a final order of the court within thirty (30) days by filing a notice of appeal with the court of appeals, and filing proper service upon certain persons. The Notice of Appeal starts the appellate process. In criminal cases, you can appeal generally two (2) things, the conviction itself, or the sentence, or both. There are many nuances of criminal law and procedure that would lend itself to an argument to appeal either or both a conviction and a sentence. However, if you are convicted of a crime, but believe the conviction ...
December 23, 2014CD
In Indiana, it is unlawful for a serious violent felon, whether convicted in Indiana or another state, to possess a firearm1. However, when applying for a concealed firearms permit, or to purchase a firearm, you may be denied for a myriad of other reasons. Indiana, like most states, are updating their criminal records to online systems, which provide for quicker and more thorough background checks, however, there may be occasions where old criminal records are updated incorrectly. In other cases, a conviction, or criminal charge may be so old, that one has forgotten about it, and innocently failed to disclose ...
March 11, 2014CD
As family law matters progress, one of the first issues to be determined by the parties is parenting time/custody. In some instances, the parties can agree to or are ordered to have joint physical custody. Other times, one parent is granted sole physical custody pursuant to the other parent’s parenting time. Parenting time is often granted, at a minimum, pursuant to the Indiana Parenting Time Guidelines (IPTGs)1. Generally, for older children, this includes midweek parenting time for a few hours and every other weekend for the parent exercising parenting time. The IPTGs are considered a minimum of parenting time, and if ...
October 1, 2013CD
During an appeal, the process begins by the appealing party (appellant) filing his or her notice of appeal. This form includes information about the lower court proceeding including the appellant’s information, the date and title of the Order, and the days of the hearing so a transcript can be prepared. The clock is then tolling with each side having the opportunity to submit their written arguments/briefs/responses and replies. When all of the information has finally been presented to the Court of Appeals, the Court is then able to review all of this information, make a ruling, and issue an opinion. The opinion ...
September 18, 2012CD