Domestic violence can be a sensitive issue impacting families and communities and, as a result, there are many resources available to help family members and other parties involved in domestic violence situations and circumstances. One type of resource available to those impacted by domestic assault includes legal resources that may be available to parties involved in domestic assault situations.
When a person in Evansville is charged with a crime, it may be one of the worst days of their life. After all, their future is suddenly very uncertain. They may wonder, how will they defend themselves before a judge and jury? And even more upsetting, what will happen if they are found guilty? Especially if a person has no experience with the criminal trial process, being accused of a crime can be a time of great stress.
Family disputes can escalate quickly and even turn into violence. While such incidents are awful, it's important to remember that people accused of a crime have the right to a defense.
Domestic violence is considered an extremely serious matter in the state of Indiana. These types of charges may also be referred to as domestic battery or domestic assault. An incident is considered domestic in nature when the parties involved are either family members or household members. If such a relationship does not exist, such as when parties are just dating, then charges will be considered regular battery or assault instead of domestic.
The U.S. Bill of Rights is intended to protect the rights of Americans in criminal prosecutions. However, some of its guarantees do not apply to the states. The U.S. Supreme Court is currently reviewing whether states should incorporate all of these rights. Its ruling, expected in June, could greatly impact criminal defense rights in Indiana.
Any criminal conviction can have long-term consequences. Even though a criminal defense can reduce charges, a person may still face catastrophic financial and personal penalties. In one case pending before the US Supreme Court, a person a lost his $42,000 Land Rover under Indiana's civil forfeiture laws because of his conviction for a $225 drug transaction that did not lead to imprisonment.
Cellphones records can be very persuasive in a criminal trial in Indiana. Therefore, they can present a significant challenge when one is establishing criminal defense strategy. However, constitutional protections apply to this evolving technology.
Most people in Evansville have been pulled over by police while driving, or know someone who has. Sometimes these traffic stops lead to criminal charges. In such situations, one's criminal defense strategy often depends on what happened when the police stopped the defendant in their vehicle and searched for drugs and other evidence. The U.S. Supreme Court recently expanded constitutional protections by ruling that people who borrow rental cars from a friend or family member generally have the same protections as the car's authorized driver during police searches. Prior to this ruling, police could pull over rent-a-car drivers who commit a minor traffic violation, because they could then search the car if that driver was not listed on the rental application.