March 2009 Archives

Police cannot randomly interrogate people or search their possessions. The Indiana Court of Appeals recently upheld a ruling of the Jay Superior Court (Portland, IN) to suppress evidence obtained during the interrogation of a man ultimately charged with operating a motor vehicle while suspended for life, a Class C felony.

Police arrived at a party located just outside Pennville, Indiana in response to a noise complaint. The police spoke with several persons about the noise complaint and the party goers complied with their request to turn the noise down. As officers were leaving, they observed a truck drive by the lane leading to the party, then turn around and pull down the lane. Although the noise complaint had been resolved, the police officer decided to approach the driver to warn him about future noise at the party. The officer believed the driver appeared nervous and asked to see his driver's license. The driver gave a false name. During the interrogation, the Pennville Town Marshall returned to the scene and recognized the driver and advised other officers of his correct name. It was determined that the driver was a habitual traffic violator and that his driver's license was suspended for life. He was arrested for felony operating a motor vehicle while suspended for life.

The Jay Superior Court Judge granted the driver's motion to suppress the evidence ruling that the interrogation of the driver was unlawful. The Indiana Constitution prohibits unreasonable search and seizure. The Court ruled that because the police had already responded and resolved the noise complaint, and the defendant had not yet arrived at the party, there was no need for police to interact with the defendant and no need to ascertain his identity. As a result, the police interrogation was unlawful under the Indiana Constitution.

Citizens have a legitimate expectation of privacy in there homes, cars, and computers. Police cannot randomly interrogate citizens. You should never consent to the search of your person, vehicle, home, or computer.  The police must have probable cause that a crime was committed to obtain a search warrant. Whether you are stopped for DUI, accused of theft, or suspected of maintaining a common nuisance, you should never give a statement to police without your lawyer present. If you are a suspect of a crime, or have been charged with a crime, you should contact an experienced criminal attorney immediately. If evidence has been illegally seized by police, an experienced criminal attorney can file a motion to suppress the evidence.

When an international student is charged with a crime, they face not only criminal charges, but possible removal and deportation from the United States. Certain convictions can also make them inadmissible to the U.S., even if the crime is a misdemeanor under Indiana law.  If an international student is convicted of a crime of moral turpitude, and the possible penalty is one year or longer, they are deportable. The term "moral turpitude" does not have a precise meaning, but includes crimes that involve fraud or that create a danger to others. If an international student is charged with a crime, it is important to hire an experienced criminal attorney. It is also prudent to engage an immigration lawyer.

Controlled substance offenses are deportable offenses, other than a single offense for possession of under 30 grams of marijuana. However, conviction of possession of less than 30 grams of marijuana is an inadmissible offense. If convicted of an offense of inadmissibility, the student will not be deported, but once he or she leaves the United States, they will not be able to reenter. Controlled substance offenses are excluded from the "petty offense" exception of the Immigration and Nationality Act.

Pleading to an alternate count of visiting a common nuisance would not help, because it is both a crime of inadmissibility and a crime of deportability under the Immigration and Nationality Act. Purdue students should be aware that the entry of a Conditional Discharge Agreement on a possession of marijuana case constitutes a conviction for immigration purposes, because the defendant is required to admit the elements of the crime. Even though a conviction is not formally entered under Indiana law, it can result in inadmissibility under immigration law.

If an international student at Purdue is charged with a substance offense, such as possession of marijuana, possession of cocaine, or visiting or maintaining a common nuisance, they should contact an experienced criminal attorney immediately. If an international student is charged with a crime involving dishonesty, such as forgery, theft, or fraud, they may also be subject to deportation.  Certain traffic offenses could also make an alien deportable.  The Seventh Circuit Court of Appeals has ruled that aggravated fleeing from a police officer, as defined under Illinois law, is a crime of moral turpitude. The crime in question is similar to Indiana's statute defining resisting law enforcement with a vehicle.

No college student or other person should ever appear in court in Indiana without an attorney. I am criminal attorney in Lafayette, Indiana. I represent people charged with crimes throughout Indiana. I have represented college students at Purdue University, Indiana University, Wabash College, Ball State, Indiana State, IUPUI, IPFW, and Notre Dame who have been charged with crimes ranging from minor consumption of alcohol, public intoxication, and DUI to major felonies, such as rape and drug dealing. 

College students sometimes fail to appreciate the seriousness of certain misdemeanor charges, such as minor consumption of alcohol, public intoxication, and possession of marijuana, and appear in court without an attorney. This can be particularly dangerous for international students.  If you are an international student charged with a crime, you should never appear on court without an experienced criminal lawyer.

Imagine getting charged with DUI after you have had three beers at a restaurant and were pulled over for having a headlight out.  You feel fine and are not intoxicated. You voluntarily submit to a standard DUI investigation and take a breath test. The results show a blood alcohol content of .08 and you are arrested for DUI. Your attorney investigates the history of the breath test machine and discovers that the DUI breath test machine has been repaired ten times in the past five years and has not been properly calibrated in the last six months. You go to trial and you are confident that you will be found not guilty of DUI.

A jury trial begins with jury selection called voir dire.  The attorneys and judge have the opportunity to ask jurors numerous questions to determine if they can be fair and impartial. In a DUI case, an experienced criminal defense lawyer will ask each juror about their drinking habits, their attitudes about drinking and driving, whether they are friends or family with any police officers, and their perceptions of DUI breath test machines. If a prospective juror is close friends with a police officer or involved with an anti-drunk driving group, such as Mother's Against Drunk Driving, then there is a good chance that they will have some preconceived bias against the defendant. Thus, the criminal defense lawyer can strike them from the jury. What is the duty of a juror? Once an attorney asks a juror about these types of issues, the juror has a duty to answer truthfully and fully disclose any such conflicts. But what happens if a juror lies? 

The Indiana Supreme Court has ruled that if a juror lied during voir dire, or concealed material facts during the questioning, then the defendant is entitled to a new trial. Often juror misconduct of this nature is not discovered until months or years after the trial and any appeal. In many circumstances, juror dishonesty is discovered by regular citizens who are aware of a trial and then see a juror at a bar with a witness or the victim of a crime. Voir dire in a sexual assault case, rape, or murder will always include whether jurors know any of the witnesses or the alleged victim. The Indiana Court of Appeals reversed the murder conviction of a defendant in the Clinton Superior Court, where a juror had lied and misrepresented her relationship with the victim's wife. Several witnesses came forward who had seen the juror and relevant witnesses socializing at a bar.  I am currently appealing the wrongful conviction of a man accused of sexual misconduct in the Carroll Circuit Court, where a juror concealed a close 15 year relationship with the alleged victim's family.

If you have been convicted of a crime in Indiana and suspect juror misconduct, you can attack the conviction by filing a Petition for Post-Conviction Relief ("PCR"). If you suspect juror misconduct, it is important to hire an attorney who will do a thorough investigation and be able to present evidence to the trial court that a juror lied. An experienced criminal attorney can take depositions of relevant witnesses and establish the facts that will be necessary to reverse your conviction. If you learn of possible issues of juror misconduct, you should contact an experienced criminal defense attorney immediately. If a juror lied during voir dire, your conviction may be reversed. Whether you are charged with an alcohol offense such as DUI, Public Intoxication, or Minor Consumption of Alcohol on Purdue's campus, or you are charged with a major felony such as sexual assault, rape, child molesting, or burglary, you deserve a fair trial. And, you are entitled to an impartial and unbiased jury.