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...
There are a few popular phrases and notions that folks have been saying for years and years, that I just need to call out. Take for example, “ignorance is bliss.” I would like to argue that ignorance is not bliss at all. Another popular one goes, “what you don't know can't hurt you.” This sayin...
Can being too polite to the police get you convicted? Absolutely. Suppose you have somehow ended up down at the station and are being questioned in the interrogation room. You are disconnected from your friends and your family, and in fact cannot talk to anybody while the police are questioni...
One of the more difficult tasks in my day as a criminal defense attorney, is the read through of the initial report, or what we call the probable cause affidavit. These reports are accounts written by the arresting police officers which detail how everything, allegedly, went down. I say this pa...
I have a quick question for all of you. What have you been reading these days? I am willing to bet that everyone reading this has skimmed through at least one Facebook or Instagram post today or consumed some sort of content on the internet. The point I am getting at, and what I really want to...
“How would you handle my case?” In my opinion, this question is one of the most important questions to ask any prospective attorney. With the proper documentation and charging information, and after getting a chance to talk over your version of events, your potential attorney should be able to g...
Can you get your money back if you have posted bail for a loved one? This is a question I receive all the time, and the answer to this depends on what type of bond/bail you have paid, as there are quite a few different kinds. The first type of bond we will discuss is called a surety bond. A su...
Don't be fooled. Bad company does corrupt good character. Recognize these words of wisdom? Believe it or not, this insight comes directly from the Bible. Indeed, First Corinthians 15 and 33 advises us to not be deceived or misled, because bad company corrupts good character. I want to talk abo...
It recently dawned on me that record, as in criminal record, and record, as in recording, are spelled the same way. In addition to being spelled the same, these two words also seem to have a direct correlation with each other. There is a correlation between people that hit the record button and...
So, you have just discovered that you have an outstanding warrant. Understandably, you might have a few questions! One of the first questions you may be asking yourself is can a warrant be recalled? The good news is that the answer is yes! When someone has an outstanding warrant and wishes to...
What happens when the person who called police or initiated charges decides that they do not want anything to do with the case anymore? Are the charges dropped? I get asked about this from time to time, and unfortunately there is not one universally applicable answer, as it really depends. Wha...
“If I am innocent and have nothing to hide, do I still need an attorney?” “If I already know I will be pleading guilty, do I still need an attorney?” I get asked questions such as these regularly as a defense attorney. They are fair questions, as most people do not possess the same expertise ...
The good book tells us, “In all of your getting, get an understanding.” In a court of law, acting cool will get you nowhere. Over the course of my career, I have witnessed countless individuals get so caught up in looking nonchalant or unimpressed in the courtroom, that they have let important...
Have you ever heard the phrase, “little hinges swing big doors?” The sentiment behind this saying is a perfect way to describe the topic I would like to discuss today. The matter in question is weed, and how even smoking just a little can lead to big consequences. These consequences play out ev...
I have a serious question for all of you. We hear all the time about this so-called, “code of the street,” in which one of the worst things you can do is snitch. My question is, if telling on someone else is the absolute worst thing you can do, where does telling on yourself stand? Does telling...
What is the difference between a witness and someone who snitches? I understand snitching can be a very controversial topic. We all know the code of the street, growing up being told things like, “you should never be a rat,” that, “a snitch is the worst thing ever,” or, “snitches get stitches,”...
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