Indiana Criminal Defense Legal Questions

In order to get your bond reduced, you will have to file a motion with the court and give notice to the prosecuting attorney. You will want to bring information to the court\'s attention that demonstrates that you are not a flight risk and will show up for trial--and that you are not a danger to the community. Some of the factors the court may consider are: How long you have lived in the community; your family circumstances and stability; your educational and employment history; your prior criminal record; whether you have ever failed to appear for court in the past; the strength of the evidence in the case in which you are now charged; assets (property or money) you have available to you to post bail; family members who might sign on as co-signers and tell the Court they would assist you in making court appearances. A a letter from an employer willing to hire you while on bond also can be helpful. Before setting bond in an amount that will result in your release, the Judge wants to know that you are not a threat to the community or to society; that there have been no allegations of any activity or threatened activity designed to intimidate witnesses; that you are non-violent in nature. You can remind the Judge that if you are released on bond you will not attempt to flee the jurisdiction of the Court, and will comply with each and every provision and condition of release as set by the Court, including electronic home monitoring, if required. Strong family and community ties are very important factors. If you have no prior criminal convictions and have never failed to appear in court when required--those two factors can work in your behalf. Very few people can claim all of these features, but even some, in combination, can work well and result in a bail reduction. Good luck.... Read More

One of the conditions of probation is that you not commit any state or federal crimes. If you are charged with a new crime while on probation, the probation department will likely file a petition to revoke your probation. You have not yet been convicted of the new crime yet. Depending on what state you live in, you may be able to have the probation revocation proceeding continued until after the trial on the burglary charge. If you are acquitted of the new charge, the petition to revoke your probation should be dismissed. However, if you are convicted of the new burglary charge, or plead guilty to some lesser crime pursuant to a plea bargain, your probation likely will be revoked. The Judge will then resentence you on your original charge to any sentence he or she could have imposed upon you initially. In many states, while it is legally possible that you could be resentenced to probation, as a practical matter, it is doubtful a Judge would give you another chance at probation if you have been convicted of a felony. If you are convicted or plead guilty to a new offense while on probation, in addition to the sentence the Judge imposes on your original charge, you will also receive a sentence on the new charge. These two sentences could be ordered to be served at the same time (concurrently) or one after the other (consecutively.) This is a serious situation, and I encourage you to consult with a criminal defense lawyer in your area as soon as possible. Unless you are innocent of the new charge, or there has been a violation of your constitutional rights, such as an illegal search, your best bet may be to have your lawyer explore a plea bargain with the District Attorney on your behalf. ... Read More

No. Criminal investigations take place in private, trials take place in public. If you have been accused of a crime in a state court, in most states your lawyer will be given access to the police reports well ahead of trial. This is part of a process called "discovery." By contrast, in federal cases, under a law called the Jencks Act, statements of witnesses in the possession of the police or prosecutor do not have to be turned over until after the witness testifies at trial. Many defense lawyers consider this "trial by ambush" and think this law should be changed. Of course, this does not prevent police reports from being "leaked" by "anonymous sources" or otherwise ending up being publicized by the media, particularly in high profile cases. Also, courts often hold motions hearings before trial, and details of police reports may come out during the course of these hearings.... Read More

"Stalking" is a crime of harassment. The exact definition of stalking, and the acts that may be held to constitute the offense of stalking are likely to vary from state to state. Generally, a person commits the offense of stalking if he or she makes a credible threat to another person and, in connection with the threat, repeatedly follows that person or repeatedly makes any form of communication with that person or a member of that person's immediate family, whether or not a conversation ensues. A "credible threat" is considered to be one that would cause a reasonable person to be in fear for the person's life or safety or the safety of his or her immediate family. If the stalking occurs by virtue of repeated communications, it is not necessary that the communications be made simultaneously with the threat to be considered "in connection" with the threat. They might oocur before, during, or after the threat is made, so long as the communication is related to, a part of, or in furtherance of the credible threat. Stalking may also be deemed to occur when a person repeatedly makes obscene comments or gestures to another person with the intent to harass them, either personally or by telephone--and includes acts done in public as well as those directed to someone in the privacy of their home. Challenges have been made to stalking statutes on the grounds that they are unconstitutionally vague or overbroad, and infringe of protected areas of free speech. However, at least forty-eight states have enacted some variation of a stalking statute and while the statutory language is not identical in every case, the majority of those courts that have considered the issue have upheld stalking statutes against such attacks. The definition of stalking, as well as the penalties differ from state to state. If you or someone close to you is concerned about being charged with such an offense, you should contact a criminal defense attorney in your area who can advise you of the precise conduct the law prohibits in your state, and the penalties. ... Read More