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If the police didn’t give you Miranda warnings, you may be able to have your case dismissed. Whether your case will be dismissed depends on whether you were in custody at the time of the police questioning and the other evidence against you.
→ Read MoreThe question of whether police officers can seize and search a cell phone typically comes up after a search has occurred. You can challenge the legality of the search and the admissibility of evidence resulting from the search. You can address the issue of the search and seizure in a civil case for invasion of privacy by the police. You can also do so in a criminal case against you initiated by the State.
→ Read MoreYou can find out if you have an outstanding warrant by simply looking up your name on the clerk of court’s website for your circuit or by calling the county clerk. It isn’t necessary to pay a data registry website for this information.
→ Read MoreA petition for factual innocence is a document filed by a person who has been falsely accused of a crime asking a court to affirmatively find they are factually innocent.
→ Read MoreAs a general rule, the police can never break down your door to enter your home in a forced entry. However, there may be exceptions.
→ Read MoreUnfortunately, many warrants are based solely on someone telling the police that another person had committed a crime. Warrants only have to be based on probable cause, which is a much lower standard than the “beyond a reasonable doubt” required for a conviction. This means that the standard for getting a warrant and arresting someone is much lower. As long as the person named in the warrant is a credible person, the warrant can stand on their statements alone. The issue then generally boils down to whether or not that person is credible.
→ Read MoreGenerally, no, a girlfriend or boyfriend does not have the legal authority to allow someone to search your personal belongings. The test would be whether the person giving the consent to the police has an equal right to use the premises. Whether or not someone has an equal right may be inferred from the circumstances.
→ Read MoreGenerally, law enforcement officers do not have the right to enter a house without a search warrant when the wife gives consent but the husband does not. The most pertinent case regarding this subject is a U.S. Supreme Court case, Georgia v. Randolph, 547 U.S. 103 (2006). In this case, the court ruled that one co-occupant’s consent to a search does not negate another co-occupant’s right to refuse consent.
→ Read MoreWhile 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 MoreTo 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 MoreFind the right lawyer for your legal issue.
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