Category Archives: Criminal Defense
Can An Indiana Judge Reject A Plea Agreement?
Most criminal cases never make it to a jury trial. Instead, it is common for the prosecution and the defendant to enter into a plea bargain or plea agreement of some kind. For example, the prosecution might agree to reduce a felony charge to a misdemeanor in exchange for a guilty plea. Both sides… Read More »
Charges For Theft, Burglary, And Robbery In Indiana
Within the State of Indiana, theft, burglary, and robbery are considered different crimes. Each one of these crimes is defined differently and comes with its own unique charges. What Is Theft? Theft is defined as “knowingly or intentionally exerting unauthorized control over property of another person, with intent to deprive the other person of… Read More »
What Are Your Obligations & Rights During A Traffic Stop?
No matter the suspected offense, every driver has a specific set of rights that they can, and should, exercise during a traffic stop. Every police officer has a specific set of rules and regulations that they must follow. An improper traffic stop is unconstitutional and a violation of the driver’s rights. As a result… Read More »
What Do You Need To Know About A Lifetime License Suspension?
A lifetime license suspension makes life far more difficult than it needs to be. Going about day-to-day tasks, such as grocery shopping and getting to work, requires far more time and energy than it normally would. Luckily, in Indiana, they no longer issue lifetime license suspensions. But, if a lifetime suspension has already been… Read More »
Clemency And Pardons In Indiana
Under the Indiana Constitution, offenders can apply to the Governor for a commutation, pardon, or reprieve from their sentence. Relief through clemency is available after the offender has served only a portion of their sentence. A pardon is only available when five (5) years has passed since the completion of the sentence. Are You… Read More »
When Can Indianapolis Police Extend A Traffic Stop To Investigate Other Possible Crimes?
Police often try to prolong routine traffic stops if they suspect the driver might have committed some other crime, such as drunk driving or illegal possession of a controlled substance. Consistent with the Fourth Amendment and the Indiana Constitution, however, an officer cannot extend a traffic stop based on reasonable suspicion simply in the… Read More »
Does A Homeowner’s “Consent” To A Police Search Extend To Their Guests’ Belongings?
As a general rule of law, the police cannot search your home without either your consent or a search warrant. But even if the owner consents to a search, how far does that extend? For example, can the police search someone else’s purse or backpack when it happens to be in the owner’s house?… Read More »
What Is Considered “Aggravated Battery” In Indiana?
Simple “battery” in Indiana is to touch another person in a rude, insolent, or angry manner or in a rude, insolent, or angry manner place bodily fluid or waste on another person. This is a class B misdemeanor, but there are a number of factors that can elevate the level of offense. Factors increasing… Read More »
A Word About “Assault” (Also known As Battery)
Many folks uneducated in Indiana law like to use the word “assault” to describe a crime. The truth is, there is no crime in Indiana called Assault. There is a crime called “Battery” and when most people are talking or writing about assault, this is what they really mean. Like many other criminal convictions,… Read More »
Plea Bargain Options In Marion County
In ye olden days, before 1900, criminal plea bargains were almost unheard of. As the country grew, the criminal justice system couldn’t keep up. So, plea bargains were a good way to avoid long delays awaiting trial. As recently as the 1980s, trials still resolved about a fifth of state felony cases. Today, that… Read More »