If I borrow property that I fail to return, can I be charged with theft? A key element of any larceny or theft crime is what an offender intends to do with the property after taking it. Typically, an offender is guilty of a theft crime when he takes the property of another with the intention of permanently depriving him of it. Deciding later to keep the property an offender originally intended to use temporarily and then return becomes a larceny or theft crime at the moment the offender’s intent changes. → Read More
I feel my attorney was incompetent. He claims it was “trial tactics.” What can I do? How can we prove that the attorney we hired to defend our son on a criminal charge was ineffective and incompetent. He told us that it was trial tactics. → Read More
Can I fire my public defender without having another attorney? Defendants can usually fire public defenders assigned to defend them without having substitute counsel to represent them. However, courts are extremely reluctant to permit attorneys to withdraw on criminal cases where another attorney is not available to pick up the case. Click this link for advice on how to handle your case if you fire your public defender. → Read More
What is a penlight sobriety test and how does it work? If you were stopped at a roadside DUI checkpoint and an officer moved a penlight in front of your face and asked you to follow it with your eyes, this is the ‘horizontal gaze nystagmus’ test. The officer attempts to estimate the angle at which the eye begins to jerk and the smoothness of how the eye tracks the penlight to (theoretically) determine if a person has a high blood-alcohol concentration (BAC). → Read More
Criminal Confessions While a confession may seem like the best option when confronted by police during an interrogation, you are best advised to think twice before offering a confession, especially without a criminal defense attorney present to represent your interests. Even still, a motion to suppress may be used to keep your confession out of the record if you have already made one. → Read More
What alternatives are available instead of filing a lawsuit? What is ADR? Alternative Dispute Resolution (ADR) provides legal means of settling disputes without filing a lawsuit. Find out what ADR options you have before you decide to take someone to court with a lawsuit. → Read More
What are larceny, embezzlement and false pretenses? What are the different degrees based on? White collar crimes of larceny, embezzlement, and false pretenses all involve elements of theft, fraud, or dishonesty. Use the information in this article to learn about how the law defines these crimes. → Read More
Adult Criminal Records: Expungement Process in Indiana To expunge a criminal record in Indiana, you have to file a petition with the court where you were convicted, meet all of the eligibility requirements, and survive any objections that may be made by law enforcement. If there is a hearing, you will have the opportunity to explain and justify your request; but the judge has the right to grant or deny in any case. → Read More
What are Class A, B, and C misdemeanors? Class A, Class B, and Class C misdemeanors are classifications for criminal offenses. Every state has a system for classifying criminal offenses. Higher grade offenses result in higher levels of punishments. Click this link to read more. → Read More
Police Searches without a Warrant Warrantless searches are not allowed unless the search is reasonable. Find out more about warrantless searches in this article. → Read More
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