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  5. Three Tips for Criminal Defendants

Three Tips for Criminal Defendants

On Behalf of Dixon & Moseley, P.C. | Dec 31, 2020 | Criminal Law

Anyone who has ever been charged with a criminal offense understands the utter toll it can take on your life. Everything can seem like a whirlwind, leaving you in a state of disarray and confusion. Such is understandable, yet, it can also leave you vulnerable and susceptible to making mistakes that may hurt you in the future. Sometimes, the biggest danger to defendants are themselves. If you find yourself facing criminal charges, there are certain things you can do which may help better your case down the road. In this blog, we provide three tips for criminal defendants.

Do Not Resist Arrest. The first tip for any individual facing potential criminal charges is to not resist arrests. Being arrested, especially in instances where an individual is wrongly arrested, cause emotions to run high. As a result, sometimes individuals who are being arrested try to resist, or get away. This is a mistake. Even if you are wrongly arrested, do not resist, because it will only lead to you being potentially charged with an additional crime (i.e., resisting arrest). From a practical standpoint, resisting will only escalate the situation and ramp up emotions, which can only lead to negative consequences for you. Instead, as hard as it may be at times, remain cool, calm, and collected. Know that you will have your day in court to right any potential wrong.

Remain Silent. The next tip for any individual facing potential criminal charges is to not resist arrests. You have probably heard the phrase “you have the right to remain silent!” at some point in your life. Take those words to heart because exercising this right can be key to a successful criminal defense. If you are charged with a crime, the police are going to want to talk to you, and will try to get you to talk as much as possible. The best advice is to politely tell the police that you are invoking your right to remain silent, and you will answer no further questions without your lawyer present.

Be Open and Honest with Your Attorney. The final tip for any criminal defendant is to be open and honest with your attorney. While it is critical to invoke your right to remain silent with law enforcement officers, failing to tell your attorney any and all details of your case will only hurt your defense. Your attorney is on your side, and everything you tell your attorney is covered under attorney-client privilege. Thus, you should not fear that what you tell your attorney will be later used against you. Being open and honest will only help your attorney craft a winning defense on your behalf.

Going through a criminal trial is scary. Moreover, individuals often times feel alone or trapped when they find themselves in such situations. However, remember that you aren’t alone or trapped. You have rights and you have options. If you find yourself in trouble, skilled defense counsel is crucial to protect your rights. This blog is written by attorneys at Dixon & Moseley, P.C. who handle the full spectrum of criminal cases throughout Indiana. This blog is not intended as legal advice or a solicitation for services. It is an advertisement.

What Counts as Marital Property in Indiana?

On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

Parenting Time vs. Custody in Indiana: What Parents Confuse Most

On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

Can Custody Be Modified in Indiana? What Must Change

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

Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

Is Indiana a 50/50 Divorce State? What the Law Really Says

On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

Step-Parent Adoption: How It Works in Indiana

On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

How Divorce Works in Indiana: Step by Step (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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