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 ...
March 7, 2017 / Restoration of Rights
A controversial topic nationally is the prohibition on individuals convicted of battery with a domestic component. For defendants, it is unique because it is the only misdemeanor crime where an individual is disqualified under federal law from possessing firearms. This disqualifier also prohibits any person in Indiana from being issued a License to Carry a Firearm. Generally, the notion behind these bars is domestic violence is more serious than other crimes because it tears at the social fabric of ...
March 2, 2017 / Protective Order
Through cases and statutes, criminal and civil trial courts have an array of tools under the general umbrella term of protective orders to assist with due process and justice—to protect people and property from injury or harm to their case. This blog explores four common types and their uses. The first is a “no contact order”. They typically are a term of release when one person has injured another or threatened such and may extend to victims and witnesses. How these ...
February 17, 2017 / Juvenile Delinquency
Each and every day children are “detained”, namely arrested, for juvenile delinquency. In essence, juvenile delinquency is the same as a criminal arrest, except the minor is not deemed to be a person with a criminal charge because they are under age. However, juvenile detentions are a significant legal matter and anecdotal evidence Ciyou & Dixon, P.C. advocates demonstrates parents and their children poorly understand their rights and standard ways to respond to a juvenile delinquency detention. This blog explores the ...
In today’s world with a proliferation of guns and almost instant transmission of significant gun crimes on virtually every news and social media platforms, manufacturers are expected to have perfect compliance, not substantial compliance. This is in accordance with their duty to fully assist with law enforcement needs at the local, state and federal level. This blog focuses on four simple compliance tips for manufacturers to stay in complete compliance with the GCA and NFA based on current enforcement trends. First, the A&D book should be ...
In felony cases, the potential for incarceration and a felony disenfranchisement of core civil rights (to hold public office, sit on a jury, vote, and possess firearms) is in the balance. Many individuals who find themselves in this situation do not necessarily carefully pick their defense counsel. This blog covers three of several important considerations. The first is approach. Being under criminal charge is a burden which is why there is a right to a public and speedy trial. However, with complex legal and scientific ...
Be Informed, Not the Criminal Defendant By any account, Indiana is unique in its identification with the right to keep and bear arms. For instance, hundreds of thousands of Hoosiers have a License to Carry Handgun. While the need for a license, and in some general sense understanding of the need for training on safe gun handling is widely accepted and understood, there are pervasive myths that attorneys at Ciyou & Dixon see routinely that cause gun owners to be criminally ...