Maybe and Maybe Not! Criminal prosecution and defense, as with the rest of law and society, has become complex. Thus, even routine criminal cases should be pair an accused with an informed and skilled defense counsel. The Indiana Supreme Court’s recent case on Miranda warning in a field sobriety checkpoint reflects this need. Typically, during any police detainment of any duration and questioning, Miranda warnings apply. However, in State v. Brown, the Indiana Supreme Court ruled consistently with the United States Supreme Court. The Indiana Supreme Court held that where there was a brief (under 2 minutes) stop at a well-lit checkpoint, ...
March 9, 2017Adam Hayes
Many countries are signatories to the Hague Convention on the Civil Aspects of Child Abduction1; and the treaty has been ratified between these countries. When this is the case, a child wrongfully removed from his or her country of habitual residence may be subject to proceedings to return proceedings, generally brought in the country where they have been taken. However, while there are always circumstances relevant to removal, a few constitute legal, affirmative defenses that will allow the judicial or administrative authority to not be bound to order return. These are the focus of this blog and are highly fact sensitive ...
March 8, 2017Adam Hayes
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 matters involved in many criminal cases, this may not be prudent; a criminal case may pend ...
June 15, 2016Adam Hayes
Any legal area that has strong political and social positions, generally corresponds with substantial law-making. Gun purchase, possession and use is one such topic that is politically charged with “positions.” While most of the laws are on-line, there is a great amount of commentary about how the law should be applied and enforced. In the firearms arms arena, there are four key myths that appear to be a great confusion for a large number of gun owners. This blog addresses these. The first is a lawfully possessed firearm can be used to scare someone away by pointing it at the wrong-doer. ...
January 19, 2016Adam Hayes
In some parts of the Country, such as Arizona, window tint is essential to keeping a car at a reasonable temperature to cool in the summer. However, any tinting that is not done at the factory may make you subject to a traffic stop, ticket, and be a basis for other criminal charges. The legal reason is a darkly tinted side and back window impairs law enforcement officers from making safety decisions about vehicles and the occupants they encounter in daily activities. For this reason, and first, the General Assembly passed a law (it does not apply to manufacturer’s tinting) makes ...
January 2, 2015CD
Click here to download the courts final instruction for carrying a hand gun for necessity. Maybe. One consistent part of life, reflected in the evening news and reality television, is strange, weird, and odd things are not an exception to daily affairs, but an ordinary part of it. This is true with firearms and the legal issues they sometimes raise as well. This hypothetical this blog presents should not occur. Simply put, a person who does not have a license to carry a handgun, or is prohibited from possession, such as a felon, should never find himself/herself in such a situation. But ...
January 19, 2012CD
No, Indiana case has decided this matter to answer this question. Ciyou & Dixon, P.C. attorneys frequently handle cases that have firearms dimensions, both at the trial court level and on appeal. A question that arises with some regularity in our practice and the news of the day is where a person used a firearm to defend himself from a vicious dog or animal attack. In this case, if the person is charged with criminal recklessness in connection with the use of the firearm, can he or she assert the affirmative defense of self-defense? An affirmative defense makes lawful an act ...
September 1, 2011CD