Tag: criminal defense attorney

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11

Oct2018

Breaking News: Indiana Supreme Court Adopts “Attenuation Doctrine” Into Indiana’s Constitutional Law

October 11, 2018 / Appellate Practice, Criminal Law, Supreme Court
One key aspect of the American legal system is the prohibition against warrantless searches of your home. As you may know, police officers cannot search your home without first obtaining a search warrant. This embodies the English common law notion and societal view that your home is a special place—your castle—and should only be subject to search under a high legal standard. But what happens if a police officer does not first obtain a search warrant? Or searches the wrong house? The general rule is that any evidence of criminal activity obtained ... Read More

29

May2018

What Happens If My Child Discloses Being Touched by His or Her Brother or Sister?

May 29, 2018 / Child Protective Services, Juvenile Delinquency
A taboo topic that has been around for decades has been sexual activity or assault between siblings and what is a normal part of the human development process. A 2002 study by the US Department of Health and Human Services found that at least 2.3 percent of children have been sexually abused by a sibling. When this type of disclosure is made (or abuse) it is required to be reported to the Indiana Department of Child Services who ... Read More

25

Jan2018

Quit Screwing Around, You Might Hurt Someone

January 25, 2018 / Criminal Recklessness, Weapons Charges
What You Need to Know About the Crime of Criminal Recklessness! Normally, incidents ranging from an auto accident to throwing a rock and hurting someone are civil matters. As a result, you may sue or be sued in civil court under a tort theory. Sometimes negligent acts are covered by auto or homeowner’s insurance coverage and sometimes not. However, at some indeterminate point, negligent acts cross the line and become criminal matters. Do you know where this line is at, and when your actions may be ... Read More

05

Jan2018

Does Your “Child” Need an Attorney in a Juvenile Delinquency Investigation?

January 5, 2018 / Juvenile Delinquency
Yes. A juvenile delinquency investigation is effectively a criminal investigation. If your child has an inquiry made by the police, you need to know his or her rights to be a parent and the consequences of this type of case to minimize the impact of such an investigation and give your child the constitutional protections available to them. The serious nature of a delinquency investigation is the purpose of this blog post, as anecdotal evidence suggests this is grossly misunderstood by parents. You ... Read More

07

Nov2017

I Didn’t Do It: I Want a Polygraph!

November 7, 2017 / Criminal Law
The polygraph test has urban myth status among a large segment of society. A polygraph test is an important tool in every lawyer’s toolbox--including that of the criminal defense attorney. This blog post explores the myriad of uses and limits of a polygraph and similar tests in the legal system today, as well as those for the future. Will a polygraph test prove useful in your criminal matter (civil)? A common agreement among criminal defense lawyers is individuals should not make statements to police officers if ... Read More

11

Oct2017

Why Texting “Nude” Photos to Children 16 or Older Will Land You in Jail

October 11, 2017 / Criminal Law
In Indiana, it a now clearly crime to send (disseminate) matter harmful to “minors”.1 In 2009, this statute was held unconstitutional because the age of consent to sexual activity was 16.2 The legal reasoning was if one can consent to sexual activity at 16, one can receive nude photos. In the recent Thaker case, Mr. Thaker sent an explicit photo of his genitals to a 16-year-old girl in Oregon. After learning about the photo, the FBI contacted the Indiana police ... Read More

29

Jun2017

Key Future Changes in Family and Criminal Law: What You Must Know as An American, Litigant, Citizen and Taxpayer

June 29, 2017 / Criminal Law, Family Law
Across the United States, including in Indiana, social trends and financial pressures are driving lawmakers and courts to reconsider key areas of law that are being tested and challenged each day. Since family and criminal law constitute the majority of cases, you must understand these to be an informed citizen and have awareness as it impacts your life and legal suits and those of your friends and family. This blog says in one place at one time the “unsaid” of what is known to and a ... Read More

21

Jun2017

Stand Your Ground, Sit in Prison? What You Don’t Know May Make You the Criminal

June 21, 2017 / Deadly Force, Firearms Law, Self-defense
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 ... Read More

31

May2017

Three Things You Need to Know About When You Should Consult A Criminal Defense Attorney

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 ... Read More