January 2009 Archives

Many people get arrested for the crime of public intoxication in Indiana, in relatively private areas near an apartment building or home. The public intoxication laws in Indiana make it a crime to be in a public place, in a state of intoxication caused by the use of alcohol or drugs. In Tippecanoe County, Purdue students are frequently arrested and charged with public intoxication when they are in the vicinity of campus apartments or homes.  If you are charged under the public intoxication laws in Indiana, you may have a valid defense at trial that you were not in a public place.

The Indiana Court of Appeals has issued several recent opinions dealing with the public intoxication laws in Indiana that protect the right to privacy. In Christian v. State, the Defendant was observed by police in a driveway between her friend's house and a neighbor's residence. She was confused about her location and disheveled. The police officer described the driveway as an "area that people in the neighboring area use to park" and an "area used by the public to park perpendicular" to a public street.  The defendant admitted to being intoxicated. The Court of Appeals reversed her conviction and held that there was insufficient evidence that the defendant was in a public place. The Court further stated that under the public intoxication laws in Indiana, an intoxicated person must be in an area used by the public in general rather than only the residences next to the area.

The Court of Appeals also reversed a conviction for public intoxication for a man arrested in an area off the porch of a private residence. In Haynes v. State, the defendant stood screaming and yelling on the front porch of a private residence. A police officer on the sidewalk ordered the defendant off the porch. The defendant walked off the porch to within two or three feet of the sidewalk, where the officer made observations of intoxication. He then arrested the defendant for public intoxication. The Indiana Court of Appeals reversed his ultimate conviction for public intoxication and found that there was no evidence that the area "off" the porch was a public area. In contrast the Court of Appeals has upheld convictions for public intoxication where the arrest was made in the common area of an apartment complex openly accessible to the public.

These fact patterns are common in charges of public intoxication on the Purdue campus in West Lafayette, Indiana. Each case is fact specific. If you are charged with public intoxication in Indiana, it is important to obtain an attorney immediately to evaluate a defense that you were not in a public place under the public intoxication laws in Indiana. Many people appear in Indiana courts without a lawyer and plead guilty, or accept diversion agreements, when they had a valid defense to a charge of public intoxication. This happens frequently when Purdue students are charged with public intoxication. Criminal convictions cannot be expunged in Indiana.

You should never appear in Court without a lawyer.  Laws change frequently and defenses to charges in a criminal case are fact specific. If you are charged under the public intoxication laws in Indiana, you may have a valid defense that you were not in a public place.

 

Many people begin their search for a lawyer by the location of their case. For example, if someone is charged with a DUI in Tippecanoe County, they will do an internet search for "Lafayette, IN attorneys" or "Tippecanoe County lawyers." A person charged with theft in White County may search for "Monticello, Indiana attorneys" or "White County criminal lawyers." While "Lafayette, IN attorneys" is a good place to start a search for a person charged with DUI in Tippecanoe County, the real goal is to find an attorney with experience who will aggressively defend you and attack the evidence in your case.

My office is located in Lafayette, Indiana directly across from the Tippecanoe County Courthouse. However, I represent criminal clients throughout Indiana. This month I have appeared or represented clients in criminal cases in Tippecanoe County, Clinton County Superior Court, Miami Superior Court, White Superior Court, Monroe County Circuit Court, and Montgomery Superior Court 2.  If you are charged with a crime, it is more important to have an experienced lawyer with significant jury trial experience, than one that is simply across the street from the Courthouse. 

I have recently won acquittal at jury trial on serious felony charges in the Pulaski Circuit Court and won Post-Conviction Relief in the Cass Superior Court 2, which overturned my client's conviction and won his release from the Indiana Department of Corrections. The drive was well worth it.  If you are charged with a crime in Indiana, searching the internet for "Lafayette, IN attorneys", "Monticello, IN lawyers", or "Frankfort, IN attorneys" is a good place to start if that is where your case is pending. But you should not conclude your search until you have retained a lawyer that concentrates his or her practice in criminal defense, has significant trial experience, and who will aggressively defend your case.

 

New clients often tell me that they are shocked that police questioned them, searched their property, and took them to jail without reading them the Miranda Warning. Tippecanoe County drivers pulled over for DUI are given breathe tests; Purdue students suspected of visiting a common nuisance are asked if they knew marijuana was in a friend's dorm room; Purdue students suspected of minor consumption of alcohol are asked their age and to take a breathe test - all without having been read their rights.

Almost everyone is familiar with the Miranda Warning, which is often read when someone is arrested. If you have not been read your rights by a police officer, you have almost certainly watched on TV and heard a police officer read:

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."

From the pure language of the Miranda Warning, it would be easy to assume that a suspect in a criminal case is aware of his or her rights at the beginning of an investigation. However, that is never true.  When might you hear the Miranda Warning? When it is too late!

Criminal cases begin with an allegation or suspicion that someone has committed a crime. When police have reasonable suspicion that a crime has been committed, they can legally make an investigatory traffic stop, or seek to interview possible witnesses or suspects, without reading the Miranda Warning.  For example, if you are pulled over for suspicion of DUI, all of the following will occur before you are advised of your Miranda rights: 1.) you will be asked whether you have been drinking and how much; 2.) You may be asked whether you have weapons or drugs in your vehicle; 3.) You will be asked to undergo Standard Field Sobriety Tests, known as the horizontal gaze nystagmus, walk and turn, and one-leg stand tests; 4.) You will be asked to take a breathe test to determine your blood alcohol level and told that you will lose your driver's license for one year if you refuse; and 5.) You may be taken to jail to perform these tests!  All before you are read your rights.

Police are trained to interrogate people to obtain evidence. During the initial investigation, anything that you say can be used against you later at trial. Here is some Free Legal Advice: If you are a suspect in a crime, you have two important Constitutional rights that you should use immediately: the right to remain silent and the right to an attorney.

Welcome to the e-formant. I am an Indiana criminal lawyer and handle cases throughout the State. This week alone I have been in court on criminal cases in Tippecanoe County, Clinton County, Miami County, and White County. Over the past decade I have represented thousands of clients in Indiana criminal cases and have extensive jury trial experience, including winning acquittal at trials in Class A Felony and drunk driving cases.

Crucial things can happen in the early stages of a criminal investigation. Understanding your legal rights, and exercising them, can sometimes mean the difference between acquittal and conviction. Many people suspected of criminal activity make a huge mistake by thinking that they can handle the matter themselves. They waive their right to an attorney, consent to the illegal search of their car or home, and give incriminating statements to police who are highly trained in interrogation. You have the right to an attorney at all stages of a criminal investigation. Whether you are charged with a major felony, a DUI, or are a Purdue student charged minor consumption of alcohol, you should never waive your right to an attorney.

If you are a suspect in a crime, retaining a lawyer can prevent your future interrogation. If you are charged with a crime, you need an attorney prior to your Initial Hearing. At the Initial Hearing, the Judge will set strict deadlines to file certain motions, including a motion to suppress illegally obtained evidence. In most jurisdictions, including in the Tippecanoe County Courts, an attorney can obtain the Charging Information and Affidavit of Probable Cause, and begin preparing your defense, prior to the Initial Hearing.

If you are a suspect of a crime, or charged with a crime, winning your case starts with exercising your right to an attorney. You should never give a statement in a criminal investigation or appear in Court without an experienced criminal lawyer.