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Monthly Archives: February 2023

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Mistake Of Fact Defense In Child Molestation Cases

By Rigney Law LLC |

Indiana takes the crime of child molestation very seriously. According to Indiana law, sexual contact with a child below 14 is considered child molestation. This may be sexually touching a child, fondling a child, or sexual penetration. If a person is convicted of a level 4 felony, they could face 2 to 12 years… Read More »

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Is It A Good Idea To Talk To The Police?

By Rigney Law LLC |

Criminal defendants have the right to remain silent and refuse to answer police questions. But before you are arrested and charged with a crime, it might not be clear whether you should remain silent or talk to the police. So, is it a good idea to talk to the police? It is not in… Read More »

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How “Drugged Driving” Can Lead To A One Year In Jail In Indiana

By Rigney Law LLC |

Under Indiana law, a person can be charged with a Class C misdemeanor for a first-time offense of operating a motor vehicle while intoxicated (OWI). This carries a maximum sentence of up to 60 days in jail and a $500 fine. But if the state can prove that the defendant operated their vehicle in… Read More »

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How Much Discretion Does An Indiana Judge Have In Deciding A Criminal Sentence?

By Rigney Law LLC |

Indiana divides felony offenses into six categories. Level 1 felonies are the most serious offenses. Each felony level has its own sentencing range. For example, a Level 6 felony–representing the least serious felonies–carries a prison term of between 6 months and 2.5 years. Within each felony class there is also an “advisory sentence” that… Read More »

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When Can Police Conduct A “Stop And Frisk” In Indiana?

By Rigney Law LLC |

The Fourth Amendment protects individuals from unreasonable searches and seizures by the government. But there are a number of judicially created exceptions to this rule. One is for so-called Terry stops, named after a 1968 United States Supreme Court decision. A Terry stop is basically where the police briefly detain a person based on… Read More »

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Is The County Prosecutor Required To Consent To Expungement Of Your Criminal Record?

By Rigney Law LLC |

Since 2013, Indiana law has made it possible for people convicted of certain crimes to expunge their records. Expungement is not automatic. In the case of felony convictions, a person must wait either 8 or 10 years before filing a petition with the court requesting an expungement. During that waiting period, the petitioner must… Read More »

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Does The State Need Direct Evidence To Prove Guilt “Beyond A Reasonable Doubt”?

By Rigney Law LLC |

The standard for convicting a person of a criminal offense in Indiana is “beyond a reasonable doubt.” Many people ask what this means in practice. Does the prosecution have to produce an eyewitness who saw the defendant commit a crime? Or can you convict based purely on circumstantial evidence? Indiana Supreme Court Reinstates Convictions… Read More »

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