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Category: Criminal Defense

Rising Prison Populations Call for Penal Code Reform

It is no secret that there is a massive issue with overpopulation in many of Kentucky's prisons. In fact, actual prison population numbers across Kentucky have been significantly higher than consensus projections for many years and show no signs of slowing down any time soon. Much of this over-population is a direct result of low parole rates, long sentences, and strict second-offender laws in the state of Kentucky. Recently, Governor Matt Bevin announced that a Criminal Justice Policy Assessment Council will be created to work toward penal code reforms that are so clearly needed to reduce incarceration rates state-wide and free up funding for other public needs. Contributing Factors to Ove ...

New Bill May Add More Accountability to Forfeiture Laws

A news report from television station WSBT in South Bend has brought attention to what could be a change in the way criminal forfeiture laws work in the state of Indiana. The report spotlights a new bipartisan bill introduced and passed by the Indiana Senate which may have far-reaching implications in the state’s criminal code. Senate Bill 8, first read on the Senate floor January 3, 2017 and passed by a vote of 213 yeas, 40 nays and 10 no-votes on its third reading, passed the Senate on February 28 and was first read in the House on March 6, where it was passed to the Committee on Courts and Criminal Code. Back to the Founders Senate Bill 8 has its roots in the Fifth Amendment, a par ...

How a DUI Conviction Can Affect Your Job Search

If you have a driving under the influence (DUI) on your record, you may wonder, can I get a job with a DUI conviction? A  DUI conviction is embarrassing enough as it is, but to have it follow you around the job market puts you in a tough spot. It absolutely can affect a person's future employment prospects, as most employers make a point to inquire about misdemeanor and felony convictions. Many employers also routinely perform background checks from law enforcement agencies. Everyone deserves a second chance, and many people caught drinking and driving make sure to never let it happen again. Luckily, there are reasonable employers out there who understand that making mistakes is only hu ...

Ankle Bracelet Monitoring is Big Business

Electronic monitoring was first developed at Harvard University in the 1960s and became a judicially sanctioned program by the mid-1980s. Based on the principle that surveillance deters criminal behavior, ankle monitors (also known as tethers) are often used for house arrest or parole of mostly non-violent misdemeanor offenders as an alternative to prison time. Most of these devices are bulky black boxes that are designed to be tamper-resistant. Attempts at removal or obstruction can automatically notify the authorities. Fundamentally, ankle monitors are homing devices that use radio frequencies to transmit a signal to a receiver in the wearer’s house. The receiver relays the informa ...

Paul’s Law: Revised Sentences for Juvenile Offenders

Can people change? If an adult commits murder, that person is tried in court and if found guilty, will go to prison. What if a child commits murder? Has true justice been served if that child is found guilty in an adult court and sentenced to twice as much prison time as he or she has even been alive? Or are a person's developmental years dynamic enough to suggest a child felon can go on to lead a productive, happy life? Paul's Law, which passed in 2013, addresses that very issue. Paul Gingerich was 12 years old when he was an accomplice in the murder of his friend's stepfather 45 miles outside of Fort Wayne, Indiana. The plan was to skip town after the fatal shooting, but the kids didn't m ...

Ignition Interlock Devices

In many states, including both Indiana and Kentucky, being convicted of driving under the influence (DUI) or operating while intoxicated (OWI) can result in the suspension or revocation of your driver's license, in addition to potential jail time and fines. However, in some situations, it may be possible to keep one's license after a conviction by having an ignition interlock device installed on one's vehicle. Both Indiana and Kentucky are states that sometimes utilize these devices as an alternative to suspending or revoking a person's license. What Are Ignition Interlock Devices? An ignition interlock device (also commonly referred to as a breath alcohol ignition interlock device) is essen ...

Shedding Light On Domestic Violence During October

Domestic violence is a situation that changes lives. It is a crime for the person committing the abuse and it can pose a mental health and physical risk for the victim. Domestic abuse occurs more often than most people would like to admit. It could involve a coworker, an acquaintance or a neighbor and it could be such a secret, that many people might never know it is happening. According to the U.S. Centers for Disease Control and Prevention, https://www.cdc.gov, domestic violence is reported by one of every seven men and one of every four women. October is Domestic Violence Awareness Month in the United States. It is set aside to bring attention to the emotional and physical impact that v ...

Legality of Road Blocks in Indiana and Kentucky

According to Mothers Against Drunk Driving (MADD), the annual cost of alcohol-related crashes to society is over $132 billion. In an effort to deter people from driving under the influence (DUI), many law enforcement agencies use sobriety checkpoints. While reducing alcohol-related wrecks is a worthy goal, that goal cannot infringe on the rights of drivers. There are specific ways that road blocks must be conducted in order to be legal. Generally, they must be publicized in advance, officer discretion must be eliminated as much as possible, and chemical tests cannot be conducted unless the officer has probable cause to believe a driver has been drinking. Back in 1990, the Supreme Court rule ...

Current Gun Laws in Indiana and Kentucky

The meaning of the Second Amendment to the United States Constitution is an often litigated topic with a reputation for provoking heated discussions. In a 2008 decision, the Supreme Court interpreted it as granting the right of gun ownership to individuals for purposes that include self-defense. The parameters for legally obtaining those guns vary from state to state, with both Kentucky and Indiana laws being more lenient than those of many other states. In fact, an examination by the Brady Campaign to End Gun Violence graded the gun laws of all 50 states based on 30 policies related to guns and ammunition, including procedures for lost or stolen firearms, background checks, and preventing ...

Did You Get a Traffic Ticket in Indiana?

Sometimes you see the police car lying in wait. Other times, the flashing lights behind you are a complete surprise. All drivers have had the experience of hoping that the cruiser will either stay where it is or pass on by in pursuit of someone else. Many of them also know what it feels like when that hope turns to dread as it becomes clear the officer wants them to pull over. When that happens, you may know exactly what traffic law you were breaking or you may have no idea whatsoever, but once you get a ticket, it’s time to focus on the consequences. Generally, Indiana traffic tickets are dealt with on a county level. In the small print, you’ll find that your choices are to go to court ...

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How to File for Divorce in Indiana

Divorce is one of life’s greatest stressors, and the process can often seem confusing and complicated, especially if there are issues such as shared children, homes, and assets involved or grounds for contention. Even if you and your spouse agree on most issues, you need to ens ...