Recent Blog Posts
Can I Invoke My Right to Remain Silent After I Agree to Talk to the Police?
Whether you are pulled over while driving and subject to a traffic stop, or if the police approach you outside your vehicle, such as when you are on foot or while you are in your home, it is important to understand your rights. To be clear, you almost always have the right to avoid… Read More »
What is an OWI Per Se in Indiana?
What is involved in charges for operating a vehicle while intoxicated (OWI) in the Indianapolis area when you are facing charges for an OWI “per se”? While some states expressly include the language “per se” in their intoxicated driving laws, Indiana is not actually one of these states. As such, you will not find… Read More »
What do the First Three “Spontaneity” Exceptions to the Rule Against Hearsay Look Like in Real Life?
The first three exceptions to Indiana Rule of Evidence 803, or the Rule Against Hearsay, are based on spontaneity or spontaneous utterances. The reasoning for allowing these kinds of statements to be admitted is because they are based in spontaneity, there was not likely enough time for the party uttering the statement to be… Read More »
Commercial Driver’s Licenses and OWI Charges: What to Know
Anyone driving in Indiana with a commercial driver’s license (CDL) should know that there are additional considerations related to operating a vehicle while intoxicated (OWI) beyond those for a driver with only a standard driver’s license. In short, the blood alcohol concentration (BAC) threshold for an OWI is lower for a driver in a… Read More »
Understanding Controlled Substances and Enhancing Circumstances
Under the Indiana Code, a “controlled substance” means any “drug, substance, or immediate precursor in schedule I, II, III, IV, or V” according to Indiana law. There are a wide range of drugs that are classified under these schedules, ranging from prescription drugs (that it may be lawful to possess with a valid prescription… Read More »
Understanding Fentanyl Drug Charges in Indiana
In recent years, deaths connected to the use and abuse of fentanyl have risen across the country. Indeed, according to the US Drug Enforcement Administration (DEA), fentanyl overdose and other synthetic opioid deaths rose by more than 55 percent between 2020 and 2021, and that number remains extremely high. The DEA reports that fentanyl… Read More »
Is Any Statement Made Out of Court Considered Hearsay?
As you might know, evidence that constitutes “hearsay” is not generally allowed to be used in a court case unless the particular type of hearsay falls into one of the exceptions under Rule 803 of the Indiana Rules of Evidence. Yet it can be hard to understand exactly what this means in general, and… Read More »
Indiana Law on Statutory Rape
Indiana does not have a specific statute for statutory rape, as many other states do, but it is a criminal offense for an adult to have any type of sexual interaction with a minor or a juvenile. In states with specific statutory rape laws, the aim is typically to protect juveniles from sexual interactions… Read More »
How is a Petition for Clemency Decided in Indiana?
Was a parent or spouse convicted of a criminal offense in the past and is still serving the terms of a sentence involving incarceration? Whether you are currently incarcerated yourself or you are thinking about a close family member or other loved one, it is important to know about the possibility of clemency and… Read More »
HB 1137 and Expungement of Red Flag Law Records
A new bill (House Bill 1137, or HB 1137) was recently introduced in Indiana that would require a court to “expunge certain records related to the red flag law if the court finds that an individual is not dangerous.” If the proposed legislation became law, it would also permit a court to “expunge certain… Read More »