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 ...
Tag: criminal charge
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 ...
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 ...
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 ...
October 3, 2017 / Criminal Law
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 ...
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 ...
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 ...
Nationally, and certainly within the state of Indiana, a great deal of public interest has been garnered with the passage of the castle doctrine and its companion doctrine, standing one’s ground, into law. However, every seasoned criminal defense attorney knows this defense is poorly understood across the board. Prosecutors, who serve the public, also understand this—although they often have very different views on the scope and meaning of these doctrines. Think you understand them? Think again. Here is the question: Are you willing to die—today--for your ...
May 31, 2017 / Criminal Law
Perhaps any seasoned civil or criminal trial attorney has had (or heard about) the horror story case where his or her client (now potential criminal defendant) did not understand that the right to remain silent1 applies in all places, at all times, and to all statements where it could later result in criminal charge. Silence is priceless. This blog post addresses three areas you must know and understand where you, a citizen, would be better served by consulting ...
April 11, 2017 / Contempt
Having a contempt petition (sometimes called a rule to show cause) filed against one in a civil or criminal case is generally unsettling. What is the purpose? Generally, civil and criminal contempt is the legal process by which trial courts enforce their orders and/or maintain decorum in the courtroom. A key and relatively recent Indiana case, Stanke,1 has refined civil contempt and it, along with the array of contempt types and proceedings, is addressed in this blog post. The ...