Most Hoosiers know were a gun-friendly state. In fact, Indiana ranks among the highest for gun rights. For example, there are hundreds of thousands of residents who have a License to Carry a Handgun. With “carrying” there is significant misunderstanding of the Castle Doctrine and the right to Stand Your Ground with the right to draw your firearm. These limits are the topic of coverage in this blog. In Indiana, a person can stand his or her ground and not retreat if it is reasonable. This allows the use of force to protect person and property. However, the use of force ...
January 15, 2018CD
Several years ago, the Legislature passed an expungement statutory scheme to “expungement” or remove old felonies and other arrest and misdemeanor convictions occurring in Indiana from a person’s criminal history. Expunged crimes were basically removed from a person’s criminal history, with the exception of certain uses by law enforcement or in the case of subsequent crimes. These expungement statutes recognized people change over a long period of time. However, many remained “haunted” and limited in their daily life by an old criminal history. This is despite the fact that they had been model and productive citizens afterward. Most of us are ...
January 9, 2018CD
A. The right to use force and deadly force in Indiana. Under Indiana’s use of force statute, a person is justified in using reasonable force against another person to protect the person or a third party from what the person believes to be the imminent use of unlawful force. Further, a person is justified in using deadly force and does not have a duty to retreat if the person reasonably believes the use of this level of force is necessary to prevent serious bodily injury to the person or a third person or in the commission of a forcible felony. This blog ...
November 29, 2017CD
The “Long” Wait for Response and Avoiding Becoming an Aggressor: Will You Remain Silent and Lawyer Up? Any incident where a firearm is pointed in self-defense to the exercise of deadly force is a dynamic event. Any civilian in this position is well advised to provide a request for assistance and identify themselves, but not to make statements without a lawyer. Such a traumatic event releases a chemical reaction in the brain that makes you unable to accurately recount facts at the time. Deadly force cases become very difficult for even the most skilled defense counsel when an intruder is on a ...
October 25, 2017CD
A topic that frequently arises in the course of criminal defense is pointing a firearm a criminal charge from doing so on one’s own property. Many litigants are surprised to learn that the curtilage and standing one’s ground under the castle doctrine does not automatically authorize pointing a firearm at someone who enters your property where your home is located. This is the topic of this blog post. Pointing a firearm at someone on your property is a first step toward the exercise of deadly force. The castle doctrine provides an affirmative defense (this means you can legally do what is ...
October 20, 2017CD
What makes our society safe (police) and free (doing what you want) is the delicate balance of power created by the Fourth Amendment to the United States Constitution. For Hoosiers, there is also a balance of power created by Article 1, Section 11 of the Indiana Constitution. A topic not well understood but in the daily news is when the police act (or fail to act). For police and citizens there is no agreement in any given case, but do you know the law? This blog post explores when police may “stop” a person on the street or public place. This is ...
August 9, 2017CD
In order to assess the value of a marital business or professional practice for proper consideration by a trial court in a trial, a business valuation is almost always called necessary; there are very advanced tools to assist in determining the value of a business that is utilized by business valuators. Knowing the best litigant is one who is informed, this blog covers three central parts of a business valuation; these individual components may have value outside the business itself, for either party: Market Value. The market value of the business is the bottom line of an evaluation and is based ...
April 7, 2017Adam Hayes
Indiana has adopted standing one’s ground (generally referred to as a part of the Castle Doctrine as it relates to home and curtilage) as a part of the affirmative defense of self-defense to protect a person’s home and curtilage. This allows the use of deadly force without retreating. Under this legal right, the situation often arises where someone fires a “warning shot” to direct (scare off) someone from their property. This blog post addresses this legally thorny issue, noting the most prudent course is to avoid such and contact the police. Where a “warning shot” is fired, this creates a factually ...
April 3, 2017Adam Hayes
Through cases and statutes, criminal and civil trial courts have an array of tools under the general umbrella term of protective orders to assist with due process and justice—to protect people and property from injury or harm to their case. This blog explores four common types and their uses. The first is a “no contact order”. They typically are a term of release when one person has injured another or threatened such and may extend to victims and witnesses. How these come about is when there is a criminal charge and bond, a term of release for the defendant ordered by ...
March 2, 2017Adam Hayes
Court room proceedings and trials before judges are misunderstood many times by members of the public and compared with certain reality TV court shows. In reality, the courtroom process is a high-emotion place with those who prevail and those who do not. Television and the pressures of trial sometimes obscure the simple reality of a trial: within the bounds of certain laws and trial rules, a trial is aimed at giving a neutral fact finder the information necessary to make a sound, fair legal decision. It is not that much different from going to the doctor, your boss, church or any ...
May 5, 2016Adam Hayes