The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
A question litigants often have when they receive an unfavorable trial court order is whether they can appeal or challenge it. Within a trial court, a Motion to Reconsider or Motion to Correct Errors may remedy the situation. However, if that is not the case depending on a number of factual and legal variables, you may want to consider an…
In some criminal cases involving firearms, there may be an open question as to whether a given person is in possession of a firearm or used such in a crime. These cases range from illegal possession of a firearm by a prohibited person (such as a felon) where there are multiple people near the firearm to linking it to a…
In Indiana, there are levels of crimes from misdemeanors to felonies. Indiana recently updated its criminal code to include numbered levels for crimes versus the previous letters (ex. A felony). Misdemeanors, felonies and the different levels are divided by the severity of the crimes. For example, dealing in cocaine or narcotic drug can be charged as a Level 5 felony…
A recent Supreme Court of the United States case addressed the issue of whether a search warrant is needed in order to search the contents of a person’s cell phone1. In this digital age of a cell phone acting as a lifeline to users (calendar, alarm clock, video/song player, financial planner, etc.), a device no bigger than a deck of…
In some parts of the Country, such as Arizona, window tint is essential to keeping a car at a reasonable temperature to cool in the summer. However, any tinting that is not done at the factory may make you subject to a traffic stop, ticket, and be a basis for other criminal charges. The legal reason is a darkly tinted…
Generally, in civil and criminal cases, you can appeal a final order of the court within thirty (30) days by filing a notice of appeal with the court of appeals, and filing proper service upon certain persons. The Notice of Appeal starts the appellate process. In criminal cases, you can appeal generally two (2) things, the conviction itself, or the…
In Indiana, all crimes are statutory. Indiana’s criminal statutes are codified in Title 35 of the Indiana Code, titled “Criminal Law and procedure.” Conduct by a person, however reprehensible, is not a crime, and punishable, unless the Indiana Legislature has exercised its authority to define it as a crime. Because crimes are punishable by a loss of constitutionally protected freedom…
Since jail time, whatever the reason, infringes on a deeply protected right to freedom, most states, and the federal government, takes jail as punishment for a crime seriously. Jail for civil contempt reasons is far less common, and cannot be used to “punish,” but rather to incite action to comply with court orders. One of the main tenants of the…
Several months ago the Indiana Court of Appeals addressed a case, Daniel Brewington v. State of Indiana, and affirmed the trial court’s criminal conviction of a blogger who voiced his opinions regarding a recent family law court decision that was unfavorable towards him.1 Mr. Brewington was convicted of intimidating a Judge and obstruction of justice, following his comments online about…
Almost any time of day, on a number of networks, a crime show involving police, detention, interrogation, and trials can be found. Sometimes these are live, real life trials. Often they are fictional dramatizations. However, one of the most common threads of these shows are Miranda warnings. As soon as the familiar, “You have the right to remain silent…”, it…