Searches of Your Home and Suppression of Illegally Obtained Evidence Every citizen is protected from unlawful searches and seizures of his or her person or property by the Fourth Amendment of the U.S. Constitution. This strikes the balance between individual freedom and the needs of law enforcement to protect society as a whole. Where most of us encounter the Fourth Amendment is with a police traffic stop. About everyone has been pulled over for speeding and received a warning or ticket. This blog covers what you need to know about traffic stops and suppression of evidence obtained from an illegal traffic ...
February 15, 2018CD
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
In complex or high asset divorces, attorneys sometimes face property, such as a vacation home, located abroad. The question becomes, “is this part of the marital estate?” Yes. All property no matter where located is marital property. Indiana subscribes, under the Dissolution Act, to the one pot theory where all assets brought into the marriage, acquired during the marriage, or to the date of filing are assets of the marriage the court can divide. This is settled law. This blog explores enforcement of an Indiana court order dividing or awarding one party a foreign parcel that may be titled in the ...
October 12, 2017CD
The benefit of a high net worth divorce is there is generally money to divide to allow the divorcing spouses to live a comfortable lifestyle after divorce; however, this type of divorce litigation often presents with the form of complex financial, tax, and legal questions. If so, these are necessary to be answered with relative precision before and at trial so the parties can best litigate their legal positions and the trial court has sufficient evidence to divide the marital estate in just and reasonable manner.1 This blog covers four of the challenges that routinely occur in a high-asset divorce, although ...
April 10, 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
Future Inheritances and Non-Vested Stock Options The Dissolution Act (the laws the cover divorces) gives wide definition to marital property for a divorce court to divide. This includes property acquired before marriage and brought into the marriage; property acquired by joint efforts, and assets that accumulate during the marriage. The divorce court is to presume no matter what type of property this is before it a presumption is an equal division. However, if just and reasonable a divorce court may deviation. However, certain property, such as certain railroad pensions, are not martial property by exclusion by statute. This blog address two much ...
February 8, 2017Adam Hayes
Lawyers do a great job of presenting a client’s best position in court in obtaining their legal objective. Judges sort through it. Often sitting in the courtroom as a casual observer, it is difficult to tell which story is accurate and what evidence the court should rely on to decide the division of property (presumption being equal) and child custody (gender neutral). After sitting through hundreds of trials, the attorneys at Ciyou & Dixon, P.C. use this blog to explore three highly effective visual aid strategies that often help courts. In custody cases, for example (and some property dispute division), a ...
November 24, 2015Adam Hayes
Under Indiana law, Courts are required to consider all property brought into the marriage and acquired during the marriage as marital property, and then divide it in a fair and equitable way. This means if you obtain an inheritance, or have use of a car from a third party, it may be treated as marital property and divided. With an inheritance, keeping separate from marital funds may be key or addressing this in a post nuptial. If you obtain a loan from a friend or parent, it must be documented in written form like a bank loan with interest, repayment terms, ...
November 5, 2015Adam Hayes
Marriages, particularly those of a long duration, usually intermix marital property of all kinds in organic ways that can be hard for the divorce court to untangle in dividing the marital estate in a just and reasonable manner. There are many aspect of the evidence the trial court must consider. In this blog, we cover five key things that apply in most divorce cases. The first is Indiana follows a one-pot theory, whereby property owned by the parties coming into the marriage, acquired during the marriage up to the point a divorce is filed is marital property.1 Second, the net marital “property” ...
September 24, 2015Adam Hayes
While real life domestic litigation is gritty and full of harsh realities of relationships and what happens when they end, there are three important legal lessons Indiana divorce or domestic litigants can take from the new movie or sequel “Ted.” First, everything that is not a child, even a family heirloom, beloved toy or pet is property. There is not custody or visitation rights to items. Indiana trial courts are bound to divide it and divide all property in a just and reasonable way. Second, court is serious. This is the time to prepare for your case with your attorney and tell ...
July 7, 2015Adam Hayes