Category Archives: Criminal Defense
Can Hearsay Be Used Against Me?
Are you currently facing criminal charges and concerned about how certain types of information might be used against you by the prosecution? Many people who are charged with a criminal offense in the Indianapolis area are particularly concerned about hearsay, and whether a statement made by a person at some point can be entered… Read More »
Can Someone Else Consent to a Search of My Property?
Was your vehicle or your apartment recently searched by police or other law enforcement officials after another party gave consent? If you did not give consent to a search and the police who conducted the search did not have a warrant or probable cause, the search may have been unlawful and in violation of… Read More »
Factors to Consider: Taking a Plea or Going to Trial
Plea agreements in Indianapolis are governed by IC 35-35-3. Under this section of the law, a plea agreement “means an agreement between a prosecuting attorney and a defendant concerning the disposition of a felony or misdemeanor charge.” More simply, a plea agreement involves the defendant agreeing to plead guilty to a criminal offense, which… Read More »
What You Should Know About Searches With and Without Warrants
The Fourth Amendment of the US Constitution prohibits warrantless searches, in general, unless law enforcement officers have probable cause or an exception applies. In short, there is a presumption under the Fourth Amendment that the police or other law enforcement agencies must have a valid warrant in order to conduct a search. However, there… Read More »
Flawed Search Warrant Affidavits and Your Defense
Were you recently presented with a search warrant by law enforcement officers that resulted in your property being searched and criminal charges being filed based on what was found and seized in that search? As part of your defense strategy, it will be extremely important to work with a criminal defense attorney in Indianapolis… Read More »
Who is Involved in Making a Plea Agreement?
Whether you are facing serious felony charges, or you are a first-time offender facing misdemeanor charges, you may be wondering about the possibility of a plea agreement, also known as a plea bargain. Plea agreements involve the prosecution offering the defendant an agreement that requires an admission of guilt, usually to the highest charged… Read More »
Hearsay Exceptions Related to Reputation
Generally speaking, statements that have been made outside of a courtroom cannot be used as evidence in a criminal case because they are considered to be “hearsay” under Rule 802 of the Indiana Rules of Evidence. The thinking behind this rule is that the speaker of such a statement — the “declarant” — cannot… Read More »
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 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 »
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 »