We often get calls from individuals who are classified as sexually violent predators under Indiana law.  Oftentimes people are confused about why they are classified as a sexually violent predator when they were never told that at their sentencing hearing.  A person can be classified as a sexually violent predator under Indiana Code 35-38-1-7.5 if certain circumstances exist. Under Indiana Code 35-38-1-7.5(a), a sexually violent predator is defined as a person who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex off ..read more

Many times, when we are representing defendants against criminal allegations, our clients often ask what a judge might consider when imposing a sentence after a guilty verdict at trial or as part of a guilty plea where the parties are free to argue the sanction to be received. While there are a myriad of considerations that go into a possible sanction, such as the defendant’s history/characteristics, the victim(s) wishes, testimony at the sentencing by witnesses, character letters, and the nature of the crime itself, many people don’t realize that there is a statute (codified in IC 35-38-1-7.1 ..read more

When the founders of our country wrote the Constitution and the Bill of Rights, photos did not exist, audio and video recordings did not exist, GPS did not exist, and everything written was on a physical piece of paper. As technology has developed over the past 250 years, Courts have sometimes struggled to take the 4th Amendment language, written in the late 18th century, and apply it to modern society. One more recent application is the cell phone. It’s no wonder when investigating a crime police would want to access someone’s cell phone. All of our texts, photos, phone calls, and even our lo ..read more

Jury trials are often dramatized on television and in movies.  The plot of several popular TV shows revolves around the courtroom drama between prosecutors, witnesses, defense attorneys, and judges.  The accuracy of the portrayals of jury trials varies from show to show.  In a general sense, here is how “real life” jury trials unfold in Indiana. The first day of all jury trials start with jury selection, commonly referred to as voir dire.  Voir dire is latin for “to speak the truth.”  Voir dire starts with a panel of several citizens randomly selected from the communit ..read more

In the State of Indiana whenever someone is charged with an offense, they will fall into one of three categories: 1. Felony, 2. Misdemeanor, or 3. Infraction.  An infraction is what most of us know as a traffic ticket.  These do not carry a potential for imprisonment since they are civil matters.  Rather it means you’ll pay a fine.  A great example is a speeding ticket being an infraction.  A felony charge is one that is criminal in nature and carries with it a potential penalty of more than one year incarceration in prison or jail.  A misdemeanor charge is also c ..read more

Many people have heard of depositions, but it is surprising the number of times witnesses are unfamiliar with what they are, the purpose behind them, and what is expected of them when subpoenaed for one. This blog will attempt to address the purpose of depositions in criminal cases. So, what is a deposition in a criminal case? In most counties in Indiana, in order to get a witness’ testimony, under oath, prior to trial, and admissible for impeachment at trial is by conducting formal depositions and having them transcribed. Some counties do allow for what are called “taped statements,” which is ..read more

Indiana Code 35-38-1-17, titled, “Reduction or Suspension of Sentence”, can be used to ask a Court to modify your sentence. This statute divides offenders into violent and non-violent criminals. For offenders who are considered non-violent criminals, you may petition the court at any time after you begin serving your sentence. If you are incarcerated in the Department of Corrections, the Court will also need a report regarding your conduct while imprisoned. The Court will most likely set a hearing to hear evidence and determine if your sentence should be modified. If you went to a trial or ple ..read more

Twenty-two states have abortion bans that would become law almost immediately if Roe V. Wade is overturned. Many of these state bans contain no exceptions for rape or incest survivors.  While Indiana is not one of the States with “trigger laws”, there has been strong indications that Indiana would move fast toward implementing abortion laws.  Whether or not, Indiana will contain a provision for an exception of rape or incest survivors, is unknown.  So, what can a victim do now? Under current Indiana Law, a parent who is a victim of Rape may bring a Petition to Terminate any ..read more

Most people know that when you are required to register as a sex offender that there are certain life restrictions that come along with it. The civil consequences can be overwhelming and cumbersome. What a lot of people don’t realize is that there are, at times and given the type of sex crime conviction they have, limitations on where they can live. Unfortunately, many people only discover this after they are convicted because the attorney on record fails to disclose it when going over the sex-based conditions. Sadly, by then, it is too late. So what are the restrictions and which convictions ..read more

It is upsetting to think that sometimes people are falsely accused of committing a crime.  Unfortunately, false accusations do happen and sometimes criminal charges are filed against innocent people.  In our experience, the most common type of case in which false accusations are made are sex offense cases.  As a result, these cases routinely go to trial.  The laws and rules of evidence governing what can and cannot be brought up at trial in sex offense cases are extensive.  However, there are a few important rules that every attorney should know. Indiana Rule of Eviden ..read more