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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
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    • General Practice
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    • Probate & Estate Planning
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The Attorneys at Dixon & Moseley, P.C.

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  5. Five Key Constitutional Rights That Apply To Everyone Who Might Be Suspect To Criminal Act

Five Key Constitutional Rights That Apply To Everyone Who Might Be Suspect To Criminal Act

On Behalf of Dixon & Moseley, P.C. | Jun 3, 2015 | Criminal Law, General Practice

In our system of law, those who are suspected of a crime may be requested to make a police statement or be charged. Police, prosecutors, lawyers, and judges have difficult jobs. Each has a different focus and the legal system works best when those who are suspected of a crime exercise their constitutional rights. This blog explores your key constitutional rights under the United States Constitution:

The right to be free of illegal searches and seizures (4th Amendment): As a general rule, the police cannot search one’s home without probable cause and a search warrant signed by a detached neutral judge. Nevertheless a person may consent to a search without a search warrant and waive this right. As a general rule, consenting to any search is a legal mistake and undermines your constitutional rights.

The right to remain silent (5th Amendment): If you are suspected of a crime, it is human nature to want to explain yourself. However, as a general rule, a person suspected of a crime should not be making statements. Failure to disclose a fact or mis-statement can itself be a crime, such as obstruction of justice. However, such silence does not include failing to identify yourself to police.

The right to counsel (6th Amendment): Sometimes there is the need to make a statement to police or testify at trial. However, this is a complex decision that requires evaluation of the risks and benefits to this. Without a proper utilization of your constitutional rights, the system can sometimes result in an improper conviction by a judge or jury.

The right to a speedy trial (6th Amendment): In the event you are charged with a criminal act, you are entitled to a speedy bench or jury trial as this is a burden weighing heavily on any person. If you are incarcerated, the trial must occur on an even faster means. However, sometimes it benefits a defendant to waive such right to properly prepare his or her case. This is a decision that should be made with the benefit of an attorney.

The right to face your accuser (6th Amendment): Supposition and inference of suspicion is not generally sufficient to support a criminal conviction. An accused has the right to face his or her accuser and subject this person to cross examination, which tests whether or not the witnesses’ story withstands logical analysis. Sometimes this does not occur. This results in the defendant being acquitted (found not guilty).

The right to due process of law (14th Amendment): Due process of law is comprised of two parts. The first is the substance, which means a prosecutor must establish every element of the crime set forth in a statute beyond a reasonable doubt. The second is procedural due process. Procedural due process is comprised of many things, but basically means that the defendant can gather evidence and prepare his case with the aid of the court in a way that best serves justice and presumption of innocence.

Every citizen should be aware of these rights and others found under the United States and Indiana Constitutions. We hope this blog post has helped you better understand your legal rights and be a better citizen. This is what freedom is about—being involved. This blog post is not intended to provide specific legal advice nor solicit services. Dixon & Moseley advocates practice throughout the State of Indiana.

What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 6, 2026 | Appellate Practice

An Indiana appellate lawyer's guide to Notices of Appeal, Indiana Appellate Rule 9, filing deadlines, and the first step in the appellate process. Quick Answer: What Is a Notice of Appeal in Indiana? A Notice of Appeal is the document that formally starts an appeal in...

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

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Recent Posts

  • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

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