Maybe. The Constitution’s Second Amendment1 right to bear arms is a right enjoyed by most, but one that is not absolute. Perhaps most notable is a person that has a felony conviction---knows just how many consequences come with it. In Indiana (and under federal law), an individual does not have Second Amendment rights with a felony conviction.2 This means he or she cannot purchase firearms.3 Another limitation is the inability to possess a firearm.4 The question or consideration for felons is to know how far constructive possession extends? Does one have to have the firearm on their person with a ...
December 14, 2018CD
“Paraphernalia” is a strange word, but one that most of us have heard at some point in our lives. But what exactly does it mean? And what are the legal consequences involved if it is criminal contraband? The term paraphernalia is used in many contexts and has varying legal consequences depending on circumstances, such as, whether you are in possession of paraphernalia or whether you manufacture paraphernalia. In the (penal) drug world, possession of paraphernalia in defined as possession of “an instrument, a device, or another object that the person intends to use for” (1) introducing drugs into one’s body; ...
November 6, 2018CD
“You have the right to an attorney” is a common phrase most everyone has heard. But what is the significance of this phrase? And how far does this right extend? An individual, in criminal proceedings, always has the right to an attorney. This right is protected by the Sixth Amendment of the United States Constitution. The importance of this right is that it ensures the defendant is not subject to unfair coercion on the part of the state or government. As such, police officers are required to “advise” individuals of their right to an attorney in certain situations. One such ...
October 18, 2018CD
It is generally common knowledge that a person who has been convicted of a felony, even if remote in time, is no longer permitted to possession (purchase, possess, handle), a firearm.1 Possession has two (2) possible variables: actual possession, and constructive possession. Active or actual possession occurs when a person is physically in control of a firearm, such as when it is being held by him or stuck in the waistband. Constructive possession is when a person is within the vicinity of a firearm which they could obtain active possession of in short order. For example, a felon is visiting a ...
April 18, 2013CD
Throughout litigation, parties can ask questions of and request documents from (i.e., recordings, notes, etc.) from each other in a process called generally called discovery. This allows for an information gathering regarding information pertinent to the pending matter. The information asked for does not have to be admissible in court, but potentially lead to such evidence. Such discovery to parties (husband/wife or plaintiff/defendant) can be sent in several forms. First, interrogatories are written questions that are sent to the opposing party to be answered. For example, in a pending personal injury case, a plaintiff could send interrogatories to a defendant asking ...
February 12, 2013CD
Sometimes, a civil or criminal case may seem like litigation is taking longer than expected. There are often motions to continue to reschedule (called Motions to Continue) on the part of each party, joint motions by both parties, and sometimes even by the trial court because of a conflict or another case must be heard first or takes longer than expected. A date set for a final hearing in a divorce may be postponed because parties need to mediate or there needs to be a preliminary hearing first. Unlike civil cases, however, criminal cases can be requested to be speedy, as ...
October 9, 2012CD