Bankruptcy Law, Criminal Law, Family Law Indianapolis Attorney Corey L. Scott

Recent Blog Entries

DON’T JUST COMPLAIN: FILE A COMPLAINT

The brutal beating recently suffered by 15 year-old, Brandon Johnson at the hands of Indianapolis Police Department (“IMPD”) officers, provides the inspiration for this article. Although there are many police officers who “serve and protect” us on a daily basis without much appreciation or attention, stories of police misconduct have become all too common over the last several years. As an attorney, I certainly have had many people visit my office and complain about being mistreated by police officers. However, I do not know anyone who has gone beyond merely complaining to filing a formal complaint against IMPD (or other law enforcement agencies). One reason could be because most people simply do not know how to file a formal complaint against a police officer. So the remainder of this article will cover the complaint process. Several things are important to know. First, if you believe that you have been the victim of police misconduct, you may begin the process of filing a formal complaint by contacting the Citizens Police Complaint Office (“CPCO”) at 317.327.3440 to schedule an interview to file a formal complaint of misconduct. Second, you may also file an informal complaint by writing: Brian Reeder, Executive Director, 200 E. Washington Street, Suite 1921, Indianapolis, IN 46204. Third, all formal complaints must be filed within sixty (60) days of the alleged misconduct. Once a formal complaint is received, it is initially forwarded to IMPD for an investigation. The complaint is then reviewed by the Citizens Police Complaint Board (“CPCB”) a twelve (12) person consisting of nine (9) voting civilian members and three (3) non-voting police officers. The CPCB will then set the matter for a public hearing and depending on the outcome, the CPCB can: 1) order the Executive Director of CPCO to conduct an independent investigation on the complaint; 2) CPCB can conduct an informal administrative hearing; or 3) Order the Executive Director to mediate the complaint informally with the Chief of Police. If you do not receive a satisfactory outcome to your complaint, you can always consult an attorney to discuss taking legal action. Frederick Douglass, said it best, "If there is no struggle, there is no progress…Power concedes nothing without a demand (or complaint). It never did and it never will."

Corey L. Scott, 55 Monument Circle, Suite 1300,
Indianapolis, IN 46204, (317) 634-0101,
www.coreyscottlaw.com

Posted: 7/2/2010

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SOMETHING THAT EVERY BROTHER SHOULD KNOW!!!

As Father’s Day approaches, let me start by saying: I am a proud father and I truly respect men who step up to the plate on a daily basis and love, nurture and support their children. However, this column takes aim at a problem that seems to be all too common. Here’s how it goes: A father calls and wants to go to court and request a DNA test to “make sure” the child is really his, only problem is, the child is five years old and the father signed a paternity affidavit at the hospital when the child was born (so that the baby could have his last name). In Indiana, there are two ways to establish paternity (that you are a child’s father), by requesting DNA testing through the Courts or by signing a paternity affidavit. An affidavit is simply a sworn statement that something is true. In this context, you swear that you are the biological father of a child. Once you sign a paternity affidavit, as far as the law is concerned, you are the child’s father—period. That means it doesn’t matter if you later find out that someone else is really the father, or as the child gets older, it looks more and more like your best friend, or you learn that…well you get the point, once you sign, in street terms, you’re stuck like Chuck! In legal terms, it means that you are responsible for paying child support, providing health insurance and you have visitation rights. However, if you sign a paternity affidavit at the hospital, you have sixty days to ask the Courts for a DNA test. If the test shows that you are not the father, then you’re no longer responsible for the child. After sixty days, you can request a Court to “set aside” a paternity affidavit. However, requests to set aside are only granted in “extreme and rare” cases. On the other hand, a child’s last name can be easily changed. The moral of the story is that if you are not married and your baby mama, boo, girl, shorty, whatever you call her, has a baby and there is any doubt that the child is yours, get DNA testing and then if the child is yours, BE A FATHER and then the child can rightfully have your last name.

Corey L. Scott, 55 Monument Circle, Suite 1300,
Indianapolis, IN 46204, (317) 634-0101,
www.coreyscottlaw.com

Posted: 7/2/2010

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EXPUNGEMENT OF CRIMINAL RECORDS: REAL TALK

By Attorney Corey L. Scott

There is hardly a week that goes by that I don’t receive at least one or two calls from people wanting to know if they can have an arrest record or criminal conviction expunged (removed) from their record. In most cases, the call comes from someone that was convicted of a crime many years ago, they’ve changed their lives in a positive way but the old conviction(s) continue to prevent them from getting good jobs, housing, school loans etcetera.

Sadly, on most occasions when I receive such calls, I have to be the bearer of bad news---in Indiana, with few exceptions, criminal convictions remain on your record and follow you to the grave. I know. I know. So what are the exceptions? Glad you asked.

In Indiana, it is possible to have an arrest record (not to be confused with a conviction), expunged if: 1) you were arrested but no criminal charges were ever filed; or 2) you were arrested and criminal charges were filed, but all charges were dropped because of mistaken identity, no offense was actually committed, or an absence of probable cause.

So how does it happen? A petition must be filed with the proper court, once the petition is filed, any law enforcement agency that disagrees has 30 days to file a notice of opposition to prevent the expungement. At this point, the Court can grant or deny the expungement or set the matter for hearing. It is important to note that you cannot have a record of other arrests (except for minor traffic offenses) and you cannot have additional criminal charges pending against you.

Although criminal convictions are not expunged, if more than 15 years has passed since you completed probation, imprisonment or parole, you can petition the Indiana State Police to limit access to your criminal history to law enforcement agencies only, so that apartment complexes, employers and other non-law enforcement agencies cannot access your criminal history.

Corey L. Scott, 55 Monument Circle, Suite 1300, Indianapolis, IN 46204, (317) 634-0101, www.coreyscottlaw.com

Posted: 5/7/2010

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Stopped By The Police: These Are The Rules

By Attorney Corey L. Scott

It has been said that the only certain things in life are death and taxes. While there is some truth to this statement, here is another truth, most of us will be stopped by the police at some point in our lives. With this in mind, I humbly offer these rules in hopes that they will be helpful in your time of need. First, if you are pulled over for a traffic stop, provide your driver’s license and registration and be respectful to the officer. Second, before police officers ask you any incriminating questions (a question that asks you to possibly admit criminal behavior. For example, do you have any drugs in the car or have you been drinking tonight), they are supposed to inform you that you have a right to remain silent and that anything you say can be used against you in court. Third, if you are uncomfortable answering a question, you can tell the police that you wish to remain silent and that you want an attorney. Fourth, prior to consenting to any search, you have a right to consult with an attorney. You have the right to say no to a request to search your car. Fifth, do not be fooled by promises to let you go or to not file charges as these are likely just empty promises to get you to make a statement or consent to a search. Bottom line, you are not going to talk your way out of an arrest and police do not decide if charges will be filed, the Prosecutor does. Be respectful. Know you rights, knowledge is power. Remain silent. Just say no to searches. If you are driving on a suspended license with a prior conviction, you can be arrested and the police can likely search you and your car, so please HAVE A VALID DRIVERS LICENSE.

Corey L. Scott, 55 Monument Circle, Suite 1300, Indianapolis, IN 46204, (317) 634-0101, www.coreyscottlaw.com

Posted: 4/16/2010

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