Category Archives: Criminal Defense
Exclusionary Rule Exceptions and the Fourth Amendment
Under the Fourth Amendment of the US Constitution, law enforcement officers cannot conduct an unreasonable search or seizure of property. Through various Supreme Court cases, what that language has come to mean is that the Fourth Amendment protects you against a warrantless search and seizure unless the police have probable cause to conduct the… Read More »
What You Should Expect to Happen During a Traffic Stop
In order to protect yourself and your rights during a traffic stop in Indianapolis, it is essential to know what to expect when a law enforcement officer stops you. The following information can help you to understand what you should expect to happen during a traffic stop in Indiana. Emergency Lights Signaling for You… Read More »
Am I Eligible to Apply for Clemency?
If you were previously convicted of a criminal offense and have served an extended period of time, you could be eligible to seek a form of relief that would reduce or commute your sentence. There are various circumstances in which a person convicted of an offense and serving a term of imprisonment may be… Read More »
Disorderly Conduct Charges in Indiana
What is Disorderly Conduct According to the Indiana Code? Under IC 35-45-1-3, a person can face disorderly conduct charges if they recklessly, knowingly, or intentionally do any of the following: Engage in fighting or in tumultuous conduct; Make unreasonable noise and continue to do so after being asked to stop; or Disrupt a lawful… Read More »
How Does Indiana Define Tumultuous Conduct and Unreasonable Noise?
Can a person face “assault” charges when they engage in certain types of harmful conduct in Indiana? Under Indiana law, there is no specific offense called “assault.” Rather, there are a series of specific offenses in the Indiana Code that are generally understood to be assaultive offenses. Those offenses include intimidation, battery, disorderly conduct,… Read More »
What Are 4th Amendment Protections?
There is a significant amount of discussion concerning “Fourth Amendment rights” in relation to the rights of individuals who have been arrested for or are facing criminal charges, as well as for individuals who experience stops and searches, whether they are in motor vehicles or walking on foot. Understanding your rights under the Fourth… Read More »
Undercover Detectives and Entrapment in Drug Crimes: What to Know
Can an undercover detective actually make a lawful arrest, or do these arrests always involve entrapment? There are many myths and misconceptions about the affirmative defense of entrapment and how it actually works, especially when undercover detectives or other undercover members of law enforcement are involved. In short, an arrest involving an undercover detective… Read More »
What is an Affirmative Defense?
When a person is facing criminal charges of any type in Indiana, they will need to consider the most relevant defense strategy based on the facts of their case. At a very basic level, there are types of defenses where the person facing charges will argue that they did not commit the offense of… Read More »
What is Hearsay Evidence?
Anyone who is being prosecuted for a criminal offense in Indiana should learn more about hearsay evidence and when it can and cannot be used against them in the prosecution’s case. There are many misconceptions about hearsay evidence, and the term is often used in a colloquial sense. For example, when a person refers… Read More »
Should I Agree to Talk to the Police?
You should never agree to talk to the police before seeking advice from a lawyer. Many people who are stopped by law enforcement officials, or arrested on suspicion of committing a criminal offense, are questioned by law enforcement and urged to speak. These circumstances can be anxiety-inducing and confusing for many people, especially if… Read More »