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 ...
Tag: criminal act
December 14, 2018CD
“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 use for” (1) introducing drugs into one’s body; ...
November 6, 2018CD
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 general background of answers on cross-examination and provides five typical answers ...
July 26, 2018CD
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 sex-trafficking of children. However, everyone identifies with an innocent child and sometimes what gets lost in the emotional response to ...
March 5, 2018CD
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 make sure our constitutional safeguards are not violated. This often means a defendant—guilt notwithstanding—is not convicted. Suppression is a matter ...
April 6, 2017Adam Hayes
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 groups, doctors, therapists, and teachers. There is a statewide toll-free number for notification. A child who is abused ...
April 5, 2017Adam Hayes
"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 have their own attorney. This is the topic of this blog post. In short, the answer is “yes” there is the right to counsel, and parents ...
January 4, 2017Adam Hayes