People who are accused of a crime enjoy several rights under the U.S. Constitution's Sixth Amendment. These include the right to a speedy and public trial, the right to a lawyer, the right to an impartial jury, and finally, the right to know who the accusers are and the nature of the charge a...
Social media is a very public platform. But because of its wide use, many people don't realize that anything posted on Facebook, Instagram, or other social media sites can potentially put them in great harm. That's why it's important for users to become more aware and more careful of what the...
A lot of people get nervous around police officers, and understandably so. There are some people who, when they get nervous, begin to engage in small talk with police officers. Sometimes, this is just a defense mechanism to ease the nerves. But other times, it can be a tactic to build rapport...
Being approached by a police officer can be an intimidating experience. And for many people, the first instinct is to cooperate — even if it means heading down to the station to participate in an interrogation. A lot of people have the false notion that being cooperative with law enforcement ...
When parents legally separate or divorce, they will need to proactively go to court to establish parenting time, custody, and decision-making authority. However, some people never do so and create their own internal agreements on these matters. While it may work for some families, it doesn't g...
Individuals that have been convicted of a crime and are out on probation don't have free reign over their lives just yet. Some of their rights may be restricted and can only be restored by the court when their probation period ends. One of these rights is the right to have a licensed firearm. ...
Some people get entangled with legal matters simply for being at the wrong place at the wrong time. They might have been in a car with their friend without knowledge of illegal drugs in the back seat, or something of the sort. When this happens, can they be arrested or charged with the same off...
A police investigation can be a scary and intimidating experience. Law enforcement will use all sorts of tactics in order to get a confession from the accused. Sometimes, they will even present themselves to be on their side and ask for their side of the story so they can help. But people sh...
Police interrogations are, by nature, intimidating situations. The officers have their own strategies to get the defendants to talk, whether it be by threatening them with a severe penalty or presenting themselves as allies. Because of the overwhelming and sometimes terrifying environment, man...
It's safe to assume that everyone has heard the Miranda rights warning at least once in their life. Maybe some witnessed it in person when they or someone else got arrested, or it could be that it's picked up from a movie where a police officer arrests the perpetrator. The Miranda rights are r...
Having the police knocking on a person's door and asking to come in and search the property can be a very overwhelming and scary experience. Hence, homeowners should know what to do in these situations so they're not caught off guard and fall victim to police officers' abuse of authority. As...
Even private property where people store sensitive information can be used as evidence against them in a criminal trial — that includes their cellphones. Any photos, videos, messages, or other files associated with a criminal offense can easily be accessed by the police, State, or court to prov...
Law enforcement has the duty to ensure that everyone is abiding by the laws of the land and to apprehend those who don't.They have some level of authority to conduct searches or do what is necessary to identify any violations of the law. However, there are also limitations to their authority. ...
The rap genre is akin to storytelling, portraying situations that have happened in real life or are fictional and exaggerated to create a relatable verse. Rap music is often a representation of street culture, with glorified situations of real experiences either of the rappers themselves or s...
It's not exactly right to assume that everyone who goes to prison is a bad person. There are a lot of things that could have contributed to them ending up in jail. As the nature vs. nurture theory goes, a person is shaped both by their upbringing and environment. Their experiences and who they ...
Can I record a telephone conversation if the other person on the line does not know that I am recording? When it comes to recording audio conversations, many states have what is called all-party consent, which requires both parties in a conversation to be aware of and give consent to recordi...
My name is Corey Scott, and I am a criminal defense attorney here in Indianapolis, Indiana. As you can imagine with almost 20 years practicing in this area, I have heard just about everything. It seems like every day someone comes into my office with some type of misinformation. For example, ...
All of us have places we need to get back and forth from, and for most of us this requires driving. Whether it be taking the kids to school, going to our jobs, appointments, or church, we are, in truth, a very mobile society. However, one thing I have learned from working in this field is that ...
My name is Corey Scott, and I am a criminal defense attorney here in Indianapolis. If you have ever had the experience of reading over your police report, you may have noticed the term, “implied consent.” I get asked about this term from time to time, and I am more than happy to explain implied...
If you are in criminal court and have been convicted of a crime, this is going to be the most important interview of the entire process. For some people, this might be the most important interview of their life. It is the presentence investigation interview. Generally, cases will start with ch...
There are three distinct types of plea agreements in the state of Indiana, and I would like to tell you about them and discuss their differences. The first type of plea agreement is what is called a set term plea agreement. This is an agreement between the defendant and the state of Indiana,...
What is a plea agreement? You might think that everybody knows what a plea agreement is, but as someone who is asked this question quite often, I can tell you that is untrue. For those out there who are unclear on what a plea agreement is, I will briefly walk through what they are and how they...
“If the police didn't see me commit a crime, they can't arrest me.” I regularly have people show up at my office with all kinds of misinformation. We hear misleading information all the time, people rely on information they got from their cousin, or read on social media. Having done this for...
I have not done anything, and I do not have anything on me. What is the harm in consenting to a police search? I am so glad that you asked that question because this scenario happens all the time. You get stopped, and the officer runs your information. Everything checks out, your license is...
Over the years I have observed too many people make catastrophic, major mistakes, all because of a little peer pressure. I am not exaggerating here; I have seen an excessive amount of people who have completely ruined their lives thanks to peer pressure. There is a particular case that I know o...
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