Everyone has heard the term “illegal search and seizures.” But what does this mean? In general, the Fourth Amendment of the US Constitution makes unlawful searches and seizures illegal, meaning that any evidence found during an unlawful search cannot be used against you in a court of law1. When it comes to “unlawful searches”, it is not always black and white. There are many exceptions in which a warrant would not be required for a search to be lawful. One example of this is what is known as a “pat-down” by Police Officers. A pat-down of your persons is technically ...
April 8, 2019CD
Under Indiana law, you can be convicted of possession of illegal drugs (or other contraband such as a gun) found during the search of a passenger vehicle, even if you are merely the passenger. This concept is called constructive possession and is used to charge and convict both drivers and/or passengers when there is no way for the State to prove direct ownership or control over the drugs or who knew the illegal items were in the car. This is not a new legal concept. To balance innocence, in cases of constructive possession, the State is required to prove the existence ...
October 24, 2018CD
The mere idea of filing for divorce is a difficult concept for most people. We all want a happy marriage, and many people stay in marriages in hopes it will get better, out of fear of the unknown in the post-divorce future, or, commonly, for their children. In other cases, people must stay married for basic reasons, such as insurance coverage if he or she has a chronic condition and would lose coverage and be unable to get care and medicine without their spouse’s insurance. These may be valid reasons to stay married. However, in a few cases, the marriage ...
May 9, 2018CD
The angst of litigation keeps couples with children together long after they probably should have divorced or sought custody modification. In most cases, this is legally, socially, and psychologically sound. This blog explores the common situations where one spouse becomes addicted to prescription drugs, but the other tries maintaining the status quo, eventually “hurts” the parent—and often the children—who he/she is trying to protect to keep the family intact. The nightly news relays the war on codeine based drugs and the lawsuits against manufacturers. Often times spouses become addicted to these substances by virtue of an injury or surgery and not ...
November 22, 2017CD
Marriages fail for many reasons. There are no longer fault-based divorces in America. This means that a spouse no longer has to prove “fault” such as adultery—an affair--to obtain a divorce. This is a different legal concept than “waste”—when a spouse uses assets and monies to support illicit or illegal acts that reduce the amount the trial court has to divide in a divorce. The presumption is an equal division on divorce. This blog post introduces the complex legal analysis that may ensue with marital waste. However, many illicit and illegal acts, such as gambling, may explain why a spouse has ...
November 6, 2017CD
Under Indiana law, a trial court starts dividing the marital estate with the presumption of an equal division. There are numerous reasons for the court to deviate and award the other spouse more if it is fair (equitable in legal parlance). A category that is often overlooked is “dissipation” of marital assets, which means the illicit or illegal acts of a party has reduced the amount of the estate available to divide. This blog looks at three common types of dissipation of marital assets. The first is alcohol or drug addiction. With this, a party may reduce the total marital estate ...
April 6, 2016Adam Hayes