Probation is often a tool used by trial courts and is normally within their discretion to order in most cases. It is obviously a desirous outcome for judges, the community, and defendant. Most of the time it keeps the defendant out of jail, at home and work, and the taxpayers from paying for criminal incarceration. However, violations of the terms of probation, such as drug use determined by a positive drug screen, may result in a violation of probation (VOP) being filed by probation and the defendant’s probation revoked and he or she sent to prison for the balance of ...
Tag: short time
February 28, 2018CD
Every year civil and criminal defense attorneys across the state and the citizens at large handle or read headlines about “gun blunders” that cause the once-law-abiding citizen to wind up charged with a criminal act. This blog identified the five most common gun myths to help you avoid them, minimize criminal risk and look inside of the defenses. Becoming the aggressor: In many cases, someone with a firearm may be authorized at a given moment in time to stand his or her ground and use deadly force and have an affirmative defense to what would be an otherwise criminal act. However, normally ...
October 30, 2017CD
The Doctrine of Unintended or Unknown Consequences Throughout the United States, including Indiana, there is a relatively uniform system in place to allow certain parties in domestic relationships to obtain an ex parte (without notice to the other party) protective order. There is a specific, short time to challenge this order if granted or may stand for up to two years. In daily life, many persons who are served with POs do not challenge them because of the stress and a variety of other reasons. However, you should be aware of a number of unintended or unknown consequences to having a domestic ...
March 8, 2016Adam Hayes
After a massive police shoot out with a mentally ill person, Indiana passed a law that allows police officers to confiscate firearms from a person they think is a “dangerous person.” This usually occurs because of a police 911 call. If your firearms are sized in that way, you are entitled to a hearing in a short time to determine if you are a “dangerous person” and if your firearms may be retained. At the first hearing, the burden is on the State to prove this. This means the prosecutor or attorney for the state must prove you are a dangerous ...
October 21, 2015Adam Hayes
No matter how good your side of the events may be, it is important to keep in mind that the issues with child custody, divorce, property division, etc. are before a judge for a short time. This means that even though the facts and your story may have many variables and patterns that have gone on for years, you only have a short time to tell your story to the judge and make a good impression. The judge may only consider the facts before him or her. The judge also has to “judge” the credibility of the evidence presented before ...
October 9, 2014CD
Facial Express, Progressive Questions & Lack of Objections Under the rules of discovery, there are many ways to obtain information from the other side in domestic cases involving bitterly contested custody or significant asset cases. With a deposition, there are unique things that can be achieved; this is unlike any other form of discovery. Three are discussed. The first, unlike other requests for documents, is a face-to-face deposition: A deposition can give substantial insights into the other litigant’s body language, such as facial expressions, to see what and how he or she views a particular question or line of questions. There may be ...
November 27, 2012CD