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06

Nov2018

Breaking News: Indiana Court of Appeals Determines Marijuana Grinder Not Paraphernalia Under Statute

November 6, 2018 / Appellate Practice, Criminal Appeals, Drug Possession, Indiana Court of Appeals
“Paraphernalia” is a strange word, but one that most of us have heard at some point in our lives. But what exactly does it mean? And what are the legal consequences involved if it is criminal contraband? The term paraphernalia is used in many contexts and has varying legal consequences depending on circumstances, such as, whether you are in possession of paraphernalia or whether you manufacture paraphernalia. In the (penal) drug world, possession of paraphernalia in defined as possession of “an instrument, a device, or another object that the person intends to ... Read More

26

Jul2018

When More Is Less: Five Key “Answers” For Surviving Cross-Examination

July 26, 2018 / Criminal Law, General Practice
Perhaps everyone has observed a television legal show where a witness “cracks” on cross-examination and admits to a crime;1 or in a civil case, the point a party or witness makes some other admission or statement when cross-examined by the opposing party’s attorney that ends the case.  An example is when a witness or party is confronted with an incriminating email on cross-examination showing he or she knew some tortious act was occurring, but to that point had denied this knowledge--until admitting it on cross-examination. This blog covers the ... Read More

05

Mar2018

Three Key Points Regarding "Allegations" of Child Abuse or Molestation

March 5, 2018 / Child Custody, Child Protective Services
Have You Been Contacted by CPS or the Police for "Alleged" Child Abuse or Molestation? Consider These Three Key Points You Need To “Know” And What “To Do” (Or Not Do). There is a somewhat shared knowledge in our society that some children in ordinary—to—high-risk families are physically or sexually abused. Statistics are hard to come by but generally indicate, on average, that one in four children is subject to physical or sexual abuse, not factoring in the significant problem of human ... Read More

06

Apr2017

When Evidence May Be Suppressed in A Criminal Case and What It Means

April 6, 2017 / Criminal Law
Suppression of evidence in a criminal case has always been a controversial topic and legal remedy. An example would be suppression of a firearm found on a felon after he or she is stopped and searched. It is illegal and a criminal act for a felon to possess a firearm under state and federal law, and standing alone, is criminal and should result in a conviction. The reason evidence is suppressed, such as this hypothetical firearm on a felon, is to ... Read More

05

Apr2017

What You Must Know About a Child Protective Services Inquiry

April 5, 2017 / Child Protective Services
Parents have a right to raise their children without state interference under what has been referred to as the most fundamental right in the United States Constitution.   However, there is a point where parental decisions cross the line into abuse or neglect or children engage in activities that would be criminal if they were adults. When this occurs, Child Protective Services (CPS) may be notified by any concerned third party and are required to be notified by certain individuals and entities such as medical ... Read More

04

Jan2017

Should You Have An Attorney If You Are Contacted By CPS About Your Child in Indiana

January 4, 2017 / Child Custody, De Facto Custodian, Guardianship, Third Party Custody
"Do I need an Attorney if I'm am contacted by CPS about my child in Indiana?" Each year Indiana Child Protective Services receives and investigates thousands of calls about suspected child abuse or neglect from a host of individuals ranging from doctors to teachers to counselors. Their job is to investigate and, if necessary, file a request for a Child in Need of Services case to be prosecuted. Many parents wonder when and if they should ... Read More