Recent Blog Posts
Indiana Expands Eviction Expungement in Major Legal Reform
New Law Automatically Seals Dismissed Evictions Starting July 1, 2025, Indiana’s new eviction expungement law went into effect, offering overdue relief to tenants with past eviction cases. The law requires courts to automatically seal eviction filings that were dismissed, resulted in a ruling for the tenant, or were later overturned on appeal. Unlike before,… 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 »
What Are Common Defense Strategies for OWI Charges in Indiana?
If you are facing charges for operating a vehicle while intoxicated (OWI) under IC 9-30-5, you should begin working with an OWI defense lawyer in Indiana as soon as possible to start considering options for your defense. Defense strategies are never one-size-fits-all. Rather, defense strategies, including for first-time and subsequent OWI charges, should always… 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 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 »