The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Just a few years ago, there were exceedingly narrow ways an Indiana felon could have his or her record cleared up to “remove” the felony. For example, the person who committed a felony years ago and had not been in legal trouble since that time was likely not a felony risk to society and should not have the stigma. Also,…
The polygraph test has urban myth status among a large segment of society. A polygraph test is an important tool in every lawyer’s toolbox–including that of the criminal defense attorney. This blog post explores the myriad of uses and limits of a polygraph and similar tests in the legal system today, as well as those for the future. Will a…
In Indiana, it a now clearly crime to send (disseminate) matter harmful to “minors”.1 In 2009, this statute was held unconstitutional because the age of consent to sexual activity was 16.2 The legal reasoning was if one can consent to sexual activity at 16, one can receive nude photos. In the recent Thaker case, Mr. Thaker sent an explicit photo…
We have all exercised our First Amendment Right to free speech at some point in time, perhaps even in a tense debate. However, in the heat of the moment, it is important to be aware that “the First Amendment. . . permits a State to ban a ‘true threat’. . . .”1 If this occurs, this is criminal intimidation and…
Other than a firearm and certain other obvious (stun guns) items, the Indiana criminal code does not provide a great deal of guidance on what is a deadly weapon for purposes of the exercise of deadly force. It is pretty obvious why this is the case as virtually any object, used in a skillful way, can cause serious bodily injury…
Across the United States, including in Indiana, social trends and financial pressures are driving lawmakers and courts to reconsider key areas of law that are being tested and challenged each day. Since family and criminal law constitute the majority of cases, you must understand these to be an informed citizen and have awareness as it impacts your life and legal…
The hallmark of justice in our society for serious criminal cases is a jury of one’s peers and a fair and impartial judge. No system is perfect. Human perceptions and job focus can sometimes interfere with a criminal case to such an extent a fair trial is not possible. In a new key criminal case on appeal, the Indiana Court…
Perhaps any seasoned civil or criminal trial attorney has had (or heard about) the horror story case where his or her client (now potential criminal defendant) did not understand that the right to remain silent1 applies in all places, at all times, and to all statements where it could later result in criminal charge. Silence is priceless. This blog post…
In large part, criminal defense cases have remained unchanged since America was founded. Technological developments merely brought television reporting into the courtroom and changed the format of recording trials, from steno to taping trials (reel-to-reel courtroom recordings). However, the way cases were charged and defended remained unchanged. In 1986, advanced science made a big appearance in the criminal scene when…
Suppression of evidence in a criminal case has always been a controversial topic and legal remedy. An example would be suppression of a firearm found on a felon after he or she is stopped and searched. It is illegal and a criminal act for a felon to possess a firearm under state and federal law, and standing alone, is criminal…