Category Archives: Criminal Defense
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 »
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 »
Your Rights in a Traffic Stop Involving an Unmarked Police Vehicle
For any driver in the Indianapolis area, it is crucial to know your rights during a traffic stop. You have various rights under the Fourth and Fifth amendments to the US Constitution. A law enforcement official cannot conduct a search of your vehicle or a search of your person without a valid warrant or… Read More »
What is Sexual Conduct in the Presence of a Minor?
Sex crimes that involve juveniles are taken particularly seriously in Indiana, and the Indiana Code includes a wide range of specific sex offenses that involve children. While the majority of these offenses that involve juvenile victims are crimes in which the child is subject to physical harm, there are also sex offenses involving children… Read More »
Understanding Sex Offender Restrictions
If you are convicted of a sex offense in Indiana, including a sex crime involving a juvenile victim, you will typically be required to register as a sex offender on the sex offender registry. For many people who are convicted of sex offenses, there may be certain restrictions associated with that classification even after… Read More »
Criminal Charges in Indiana for Making Threats
Although Indiana does not have a criminal offense defined as “assault,” which is typically the type of charge a person can face for making certain threats, you can nonetheless face criminal charges for making threats in Indianapolis. Rather than facing charges for assault, under IC 35-45-2-1, you are likely to instead face charges for… Read More »
Defense Strategies to Violations of Employment or Residency Restrictions
Anyone in Indiana who was convicted of a sex crime that resulted in the status of an “offender against children” or a “sexually violent predator” will be subject to certain employment and residency restrictions, even after they have completed the terms of a prison sentence. A person who violates these restrictions can face new… Read More »
Statute of Limitations on Sex Crime Charges Involving Juveniles
Sex crimes are serious criminal offenses in Indiana, and sex crimes involving juveniles are taken extremely seriously. It is important to know that being accused of a sex offense involving a juvenile victim can still result in prosecution many years later — long after the statute of limitations in other types of criminal cases… Read More »
How Does the Crime of Child Exploitation Relate to Child Pornography Charges?
The felony offense of child exploitation is a crime that involves child pornography, and the same statute that outlines the offense of child exploitation in its various forms also includes the separate offense of possession of child pornography. Any charges involving child exploitation or the possession of child pornography under Section 35-42-4-4 of the… Read More »