The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
For most of us, it is easy to be prepared to go to a new doctor’s appointment. We generally know what the doctor wants to know (our medical history) and what brings us to the doctor in the first place (a routine checkup to a lingering pain or bump). On the other hand, most people really do not know what…
You have probably heard the phrase, “I plead the Fifth”, at some point in your life, whether it be on a movie, television, or just in everyday talk. But what does this mean? How far does it extend? On August 21, 2018, the Indiana Court of Appeals decided a case of first impression1 in which the protection of the Fifth…
No. So, you catch a charge. You may have been questioned by police and given an inconsistent statement or confessed. The police may have searched you or your vehicle and found drugs. What does this mean for your case? Is the evidence stacked against you or is there a way to turn your case around? The answer lies in whether…
In Indiana, and in virtually all other courts across the United States, attorneys and judges have “wrestled” with evidentiary issues surrounding social media (is it admissible?) in all sorts of ways in civil and criminal cases: How do you authenticate something is actually real (versus fabricated) in cyberspace, never existing in a tangible form? Many of these questions have been…
Perhaps everyone has observed a television legal show where a witness “cracks” on cross-examination and admits to a crime;1 or in a civil case, the point a party or witness makes some other admission or statement when cross-examined by the opposing party’s attorney that ends the case. An example is when a witness or party is confronted with an incriminating…
A common statement or question from litigants relates to obtaining attorney’s fees for the expenses for their attorney in general civil litigation and divorce and paternity cases. Most of America’s laws are based on English common law. Under common law, the prevailing (or winning) party was entitled to receive an award of fees from the loser. In our society, this…
Most of us understand we have a Fifth Amendment privilege against self-incrimination. This means in any civil matter, administrative proceeding, or criminal context, we can choose to assert our Fifth Amendment privilege and remain silent; we cannot be forced to say anything that might expose (incriminate) us to criminal prosecution. This blog explores a key case now brought by the…
Searches of Your Home and Suppression of Illegally Obtained Evidence Every citizen is protected from unlawful searches and seizures of his or her person or property by the Fourth Amendment of the U.S. Constitution. This strikes the balance between individual freedom and the needs of law enforcement to protect society as a whole. Where most of us encounter the Fourth…
In the ideal world, you select the right attorney for you civil case at the outset. Sometimes there are developments, such as other companion cases that occur, that makes it too complex or the “wrong fit” for the attorney’s practice and/or client’s objectives. For these and a myriad of other reasons, attorney-client relationships falter or need to end at times…
Expert witnesses are common in criminal and civil cases. There are all types of experts, such as use of deadly force in criminal cases to custody evaluators in divorce and paternity cases. To be qualified as an expert, he or she must pass the Daubert test. This standard or test comes from a United States Supreme Court case, but is…