Category: Criminal Defense

Curious About Your Ancestors? Using That DNA Website to Learn More Could Land You in Jail

DNA evidence has long been used by Kentucky law enforcement to try to find criminal suspects. Police in California used a commercial DNA business advertised as one to help customers track down family members to help it provide enough evidence to justify arresting a suspect believed to have committed a dozen killings, 45 rapes and more than 120 burglaries, the last one committed, as far as police know, 22 years ago. The man known as the Golden State Killer and the East Area Rapist was the subject of a cold case, one where investigators couldn’t come up with enough evidence for an arrest. They got creative and used DNA evidence to arrest James DeAngelo, a 72-year-old former police officer living[…..]

A Higher Minimum Wage Could Mean Fewer People in Jail

The easier it is for those released from jail in Indiana to support themselves legitimately, the less likely it is that they will return to committing crime and end up back in jail. Part of that could be a higher minimum wage and increased earned income tax credits (EITCs), according to a recent study by Clemson University economics professor Michael Makowsky and Amanda Agan, an economics professor at Rutgers University. They estimate that for every dollar the minimum wage increases, there is a one percent decrease in those going back to crime after being released from incarceration. There’s a bigger impact in states where earned income tax credits wage subsidies are available, though only for women. Most of the discussion[…..]

No One Should Be Above the Law, Including Police Officers

Police officers perform a critical role in society. Without proper law enforcement, chaos would be widespread and people would take the law into their own hands. The police and law enforcement are important to Indiana, but officers who break the law and violate constitutional rights need to be accountable. Without this, society could descend into a different kind of chaos — one where law enforcement officers decide what the law is and how it should be enforced and who act as judge and jury. If a law enforcement officer violates a person’s constitutional rights, the victim may have recourse through federal and state laws. A primary reason civil rights laws exist is to protect citizens from abuses by government, including[…..]

Indiana Criminal Defense Attorney

Indiana criminal defense attorneys can’t take at face value prosecution claims and evidence supposedly found during an investigation. They have to be verified for their accuracy, that they’re genuine and the source of the evidence or claim is legitimate. We need to know whether evidence has been fabricated or obtained illegally and whether evidence pointing to another suspect has been ignored. If so, it may result in charges being dropped by the prosecution or a jury finding of not guilty. Much of this depends on relying on prosecutors to act in good faith and honesty, but unfortunately that’s not always true. Human Rights Watch accuses the federal government of secretly supplying evidence to local police and prosecutors to help them[…..]

Man behind bars.

How should Kentucky sentence low-level drug dealers, thieves and others found guilty of non-violent crimes? Should they be locked up, securely separated from the public (at least until they’re paroled or released) or should there be another, better, less expensive and effective way to hold these people accountable while making it less likely they’ll commit another crime after their sentences are over? A report released in December by Kentucky’s Justice Reinvestment Workgroup makes 22 recommendations that might be the basis of new legislation which could help reduce the rising prison population. There are so many “hot button” issues involved that the report’s creators admit they have a hard time agreeing on all the findings, reports WDRB. The report paints a[…..]

More than one in 20 people in Indiana admit having engaged in non-medical use of opioid pain relievers. And with similar percentages of Kentucky’s citizens in the same sad predicament, federal, state and local law enforcement is aggressively attacking this social and legal tragedy nationwide. Eighteen states have adopted comprehensive mandates in the past four years requiring doctors who prescribe opioids – oxycodone, hydrocodone, Xanax and others – and other controlled substances to check databases to learn whether their patients are addicts who get these drugs elsewhere. Prescribers – mainly physicians – can see which drugs their patients are obtaining and whether they are going to other prescribers to obtain opioids. And even though opioid abusers often cross state lines[…..]

Jails Shouldn’t Be the Psychiatric Hospitals of Last Resort

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 Overpopulation The main contributing factors to prison overpopulation in the[…..]

Few things can cause an argument more quickly in a crowded room in the United States than the question of whether it is a God-given right for people to own as many firearms as they want. The argument ultimately comes down to the Second Amendment of the United States Constitution, and to a couple of specific passages. Opponents to current laws concerning gun ownership refer to the opening passage, which cites “a well-regulated militia”; they suggest that since most adults aren’t members of a militia, gun ownership is not guaranteed, but can be more heavily regulated. Proponents and those that think it should be easier to get firearms point to the last passage, which states, “the right of the people[…..]

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[…..]

Indiana DUI Attorney

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 human — but you[…..]