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Criminal Law

Police Misconduct and Section 1983

Published in Criminal Law on May 11, 2020.

Police officers have many duties to perform and a broad spectrum of power to carry out those duties. However, under the Constitution, there are limits to how far officers can go when enforcing the law. A statute created in 1871 called Section 1983 helps protect an individual’s rights in cases where police officers act in … continue reading

Indiana Sentencing Guidelines for Criminal Offenses

Published in Criminal Law on April 22, 2020.

In Indiana, a felony is a crime more serious than a misdemeanor, carrying a penalty of more than one year in prison.  Indiana, as well as many other states, has established sentencing guidelines to assist judges when handing down punishments. These guidelines are in place to ensure fair and consistent punishment without bias. Overview In … continue reading

Is a DUI a Felony in Indiana?

Published in Criminal Law on April 22, 2020.

In most cases, an OVWI/DUI in Indiana will lead to a misdemeanor charge. However, in certain circumstances, it may become a more serious felony charge.  When Does an OVWI/DUI Charge Become a Felony in Indiana? Situations in which an OVWI/DUI may become a felony include: Seriously injuring or killing someone while driving under the influence; … continue reading

What Does It Mean to Be a Habitual Traffic Offender in Indiana?

Published in Criminal Law on January 14, 2020.

An Indiana habitual traffic offender, also known as a habitual traffic violator, is someone who has multiple traffic violations (usually serious ones) within a ten year period. If you are a habitual traffic offender, Indiana law directs the Bureau of Motor Vehicles (BMV) to suspend your license for 5 years, 10 years, or life. The … continue reading

Expungement for Marijuana Convictions in Marion County

Published in Criminal Law on October 25, 2019.

On September 30th, 2019, CBS 4 Indianapolis reported that, in an effort to prioritize more serious offenses, the Marion County Prosecutor’s Office will no longer prosecute minor marijuana possession charges. There are currently 393 simple marijuana possession cases pending in Marion County—which will be reviewed, and, if appropriate, dismissed in accordance with the updated policy. … continue reading

How Long Will I Go to Jail for Violating Probation?

Published in Criminal Law on May 21, 2019.

Sometimes, defendants in criminal cases are offered probation as part of a plea deal that takes the place of jail time. This can happen when the prosecutor or the judge do not feel that incarceration is warranted but that some form of supervision and possibly counseling are needed. When probation is ordered there is both … continue reading

How to Get a Felony Expunged in Indiana

Published in Criminal Law on February 27, 2019.

Felony expungment in Indiana requires a petition to the Court to prove your eligibility. The process can be convoluted and difficult to navigate without an attorney who knows what they’re doing. Whether it was a simple mistake or error in judgment that led to your criminal conviction in Indiana, it is easy to understand why you … continue reading

Statement from Noblesville West Middle School Shooter

Published in Criminal Law on November 5, 2018.

Noblesville West Middle School Shooter Statement Download PDF   11/5/2018 – Statement from Noblesville West Middle School Shooter “Sorry if I’m not a very good writer. What happened on May 25th was a tragedy. And, if I could, I would take it all back. I’m sorry to all the people I scared and hurt. I … continue reading

Should I Hire an Attorney for Misdemeanor Charges?

Published in Criminal Law on June 27, 2018.

Some individuals charged with a misdemeanor do not treat their misdemeanor charges as seriously as they should. As a result, individuals who were charged with misdemeanors occasionally try and defend themselves in court. This is not something our team at Eskew Law, LLC would recommend doing. Our Indiana criminal law attorneys understand the consequences of … continue reading

Should I Get a Lawyer for My First DUI?

Published in Criminal Law on June 25, 2018.

Driving under the influence is a serious offense. Nevertheless, at Eskew Law, we occasionally hear from people who question whether they need a lawyer if this is their first time arrested for DUI. We believe that it is vitally important that you retain counsel your first DUI. DUIs charges are fairly complex to navigate, and … continue reading