Unfortunately, domestic battery is a very real problem in today’s society. Many individuals find themselves in abusive relationships, whether that be a boyfriend or girlfriend all the way to husband or wife. These types of cases can be very complicated, as well as extremely emotional. If you find yourself in a violent or abusive relationship, reach out for help, as there are many services provided free of charge that will help. These types of relationships can leave lasting effects, as is exhibited by a recent Court of Appeals decision of Thevenot v. State,1 which is the focus of this blog ...
Tag: criminal defense attorney
May 22, 2019CD
Often you may hear of a criminal defendant getting his or her case dismissed, whether it be in “real life,” on the news, or in a television show or movie. You may wonder why it seems like some individuals accused of crimes “get off” when it seems like the odds are stacked against them while others, under seemingly similar circumstances, negotiate for a plea agreement that may include being incarcerated or go to a jury trial and ultimately get convicted. While there may be a variety of reasons for the differences in these hypothetical scenarios, one possible answer is the ...
May 8, 2019CD
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 by the illegal search is “fruit of the ...
October 11, 2018CD
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 must investigate by law. This blog post address some of critical legal issues parents should consider if they receive a call their ...
May 29, 2018CD
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 criminal, namely the crime of criminal recklessness?1 You should, unless you want to wind up ...
January 25, 2018CD
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 should know the job of the police and juvenile officers is to investigate potential crimes and, if they ...
January 5, 2018CD
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 they are being investigated. However, even when knowing not to make statements, some will answer questions ...
November 7, 2017CD
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 department, who proceeded to go to him and arrest him. Mr. Thaker was charged with a Class D felony dissemination3 of matter ...
October 11, 2017CD
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 daily struggle for law enforcement officers, prosecutors, lawmakers’ judges, and attorneys. First, natural (and adoptive) ...
June 29, 2017CD
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 understanding, be sued tomorrow for all you have, or go to prison for the rest ...
June 21, 2017CD