In criminal cases, sometimes the biggest danger to defendants and their chances at a good plea or prevailing in a bench or jury trial are themselves. The reasoning is that many defendants may not have a full grasp or understanding of the legal system. If you find yourself facing criminal charges, or have been charged, you should be aware of some of the common mistakes made by criminal defendants that may significantly jeopardize their case. In this blog, we cover four common mistakes made by criminal defendants so that you can avoid the same. Sharing Information on Social Media. One of ...
Tag: criminal charge
April 7, 2020CD
Indiana recognizes a parental discipline privilege, which gives a parent legal authority to apply reasonable force upon their child as the parent reasonably believes necessary for proper control, training, or education. While a controversial subject in the legal and psychological areas nationally, Indiana parents have what is known in criminal law as the “parental discipline privilege”. In blunt terms, parents have the legal right to spank their children. However, this is not an absolute right, and Indiana trial and appellate courts have tackled the issue of parental discipline in several cases; they have yet to come up with a clear ...
October 10, 2018CD
On Wednesday, August 8, 2018, a decision1 was handed down by the Indiana Court of Appeals that is poised to dramatically increase the number of drug charges and convictions. This is alarming since the headlines of Indiana’s news stories continually recount the State’s “opioid crisis”. At the same time, statistics reflect county jails and Indiana’s prisons are “full” of inmates with drug convictions, at a significant burden to the taxpayer. This stands in contrast with compelling arguments and scientific evidence that other than stopping violence, drug issues are best dealt within the mental health system--not the penal system. Before this ...
August 9, 2018CD
Every year civil and criminal defense attorneys across the state and the citizens at large handle or read headlines about “gun blunders” that cause the once-law-abiding citizen to wind up charged with a criminal act. This blog identified the five most common gun myths to help you avoid them, minimize criminal risk and look inside of the defenses. Becoming the aggressor: In many cases, someone with a firearm may be authorized at a given moment in time to stand his or her ground and use deadly force and have an affirmative defense to what would be an otherwise criminal act. However, normally ...
October 30, 2017CD
Is This Enough for a Police Investigatory Stop and Criminal Charge? Indiana has just debated “constitutional carry” which is generally thought of the innate right to carry a handgun without a license. Indiana’s License to Carry a handgun is not indexed to concealed or open carry, but is required for most to carry in the state. This bill did not advance and has not been reintroduced. However, it raises a key criminal law and defense issue you should know and take care to ensure is familiar to your criminal counsel should you ever get a gun charge. This law is very technical ...
October 23, 2017CD
A topic that frequently arises in the course of criminal defense is pointing a firearm a criminal charge from doing so on one’s own property. Many litigants are surprised to learn that the curtilage and standing one’s ground under the castle doctrine does not automatically authorize pointing a firearm at someone who enters your property where your home is located. This is the topic of this blog post. Pointing a firearm at someone on your property is a first step toward the exercise of deadly force. The castle doctrine provides an affirmative defense (this means you can legally do what is ...
October 20, 2017CD
Perjury, meaning lying under oath, is a crime in Indiana—and all states. You can also commit perjury by signing a form under penalty of perjury when you know the information you provide is not true or accurate. You have probably heard someone say everyone lies in divorce. This blog discusses distortions versus perjury1 in divorce and what you need to know about the topic and what you can do. As an initial note, the attorneys in the firm have tried hundreds of divorce cases. Many times we have received notes from our clients that the other side is “lying”. In most ...
October 19, 2017CD
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
Each year, thousands of protective orders are issued in cases involving certain domestic relationships. Some are tactical weapons to advance illicit objectives; most have merit. Protective orders may have profound implications for work and core civil liberties, such as the right to keep and bear arms. A proven violation can result in a fine, contempt of court charge, and criminal charge. While most of this is somewhat common knowledge now that the Indiana Civil Order Protection Act has been in force for a number of years, all laws are clearly evolving with the needs of the time. One question that is ...
August 17, 2017CD
There are numerous legal debates about mistakes you can make carrying a handgun for personal protection. For instance, in a metropolitan community and dense urban area, an argument can be made that open carry and certain body movements in conjunction are intimidation or brandishing? Is leaving a carry gun at a restaurant or in a bathroom such that it makes a person subject to criminal charge (or civil liability)? These questions have one clear legal answer: it “depends”. That said, in numerous cases over the years we have observed one single factor that has eroded, damaged or criminalized what may have ...
July 12, 2017CD