“Don’t take your guns to town, son. Leave your guns at home, Bill: don’t take your guns to town.” – Johnny Cash I can’t help but think about Johnny Cash’s song “Don’t Take Your Guns to Town” when thinking about the Kyle Rittenhouse situation and trial. Cash’s song is about Bill, a young, inexperienced, and … More Self Defense, Kyle Rittenhouse, and Johnny Cash
Picture a scenario where you are on a two lane road, there are two vehicles side by side going the same speed, and many cars are stuck behind these two cars. You have probably been there before, and it is a frustrating experience. Under Indiana law, the driver in the left lane is committing a … More The Left Lane Law and Who Needs to Get Out of It
Indiana law considers the ability to drive upon its roads to be a privilege, not a right. As most of us can remember from our parents during childhood at one unlucky time or another, privileges can be yanked: the same goes for driving privileges. There are a large number of driving violations that can result … More Specialized Driving Privileges
A person who has been charged with an OVWI offense in Indiana can face the possibility of driver’s license/privileges suspension in a variety of ways, including the following: Refusal to submit to a chemical test, whether a blood draw or breathalyzer, will result in a license suspension. Indiana law states “a person who operates a … More OVWI/DUI and Driver’s License/Privileges Suspension
A person in Indiana who has been convicted of a crime has the right to appeal their sentence to the higher courts. The right to sentence appeal comes from the Indiana Constitution. The standard for sentence appeal is Indiana Appellate Rule 7, which states: “The Court may revise a sentence authorized by statute if, after … More Sentence Appeal
After a person has been sentenced by a Court in a criminal case, sentence modification is a possibility for most convictions. I.C. ยง 35-38-1-17 governs sentence modifications, and a person is not able to waive the right to sentence modification in a plea agreement. Credit restricted felons (certain child molesting offenses) are not permitted to … More Modification of Sentence
Sentencing in a criminal case occurs after a plea agreement is presented to the Court or a finding/verdict of guilty for a crime by a judge or jury occurs. The Judge has the duty of sentencing a person, which includes determining whether multiple convictions should be served concurrently or consecutively. The Court has the discretion … More Indiana Criminal Sentencing and Good Time Credit
After a person is arrested by the police and charged by the State with an alleged crime, the pretrial period starts. The Judge will then decide whether the person charged with an alleged crime should be released from jail prior to the trial and on what, if any, the terms of release should be. The … More Indiana Bail and Pretrial Release
Ryan Mears is the recently elected Marion County Prosecutor and takes over for Terry Curry, who held the position since 2011. Prior to being elected as prosecutor, Mr. Mears instituted a new policy regarding “simple” marijuana possession in Marion County. The Marion County Prosecutor’s Office is exercising its discretion to not prosecute marijuana possession for … More Marion County Prosecutor’s “New” Marijuana Policy