Indy Police Outsource “Service” Jobs 5 Jun 2013, 6:00 pm

Remember when the duty of a police force was to “protect and serve”? It seems we are moving away from this smiling face officer, ready to help a child find it’s lost dog or a woman locked out of her car, and into a job description that would be more aptly described as to “protect (some people) and arrest”. In Indianapolis, that changing role is growing even further as the police are outsourcing some of their more “service” oriented roles.

According to the Indy Star, having fewer police on the force has required the city’s police department to do less in the way of public service while focusing mostly on emergency response and arrests. They say that by utilizing nonprofit organizations and professionals within the community, they can continue to connect the people of Indianapolis to the help they need.

This includes steering people towards organizations that can assist with hunger, mental health programming, drug-alcohol assistance, and community assistance for teens.

“Police cannot do by themselves all that needs to be done to address the causes for crime in our community,” Public Safety Director Troy Riggs said. “We cannot arrest our way out of the problem. We need true community partners. The factors are more nuanced and complex than any one police department is capable of handling.”

In two particular areas, growing crime is a top concern. Those areas are among teens and the mentally ill. The department believes they can help prevent the sort of emergency police contacts that can lead to arrests and violence, if they get “all hands on deck” in the prevention stage.

Specialists with Midtown Community Mental Health, for instance, sift through the arrest records for those who were arrested for mental health issues. Then, they call the arrestees and try to make sure they have the help they need, providing counseling and other resources if necessary.

“We want to get them help so a dangerous situation doesn’t happen in the future, where they can hurt someone or themselves,” said Rebekah Bricker of the organization.

Youth advocates are also meeting with police, teaching them how best to communicate with teens in order to avoid confrontations and situations that would lead to juvenile arrests.

The police are less about “serving” and more about arresting now. Part of this is due to the never-ending list of criminal laws they are tasked with enforcing; some of it is due to the sort of militaristic cop that is encouraged in this day and age, and some of it is because departments simply don’t have the money to focus on prevention.

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Bucking the Trend, Indiana Lawmakers Want to Increase Marijuana Penalties 8 Apr 2013, 5:35 pm

As the tide of marijuana attitudes changes, sweeping over the nation and generally leaving lesser penalties and a lower stigma in its wake, Indiana is somehow missing the boat. According to the Associated Press, a committee of state senators recently voted to approve changes to the state’s criminal sentencing laws, including a provision that would increase penalties for some marijuana possession cases.

The Senate’s Corrections and Criminal Law Committee was working to change several aspects of the criminal laws in Indiana, but the change to marijuana punishments seems to be a change in the wrong direction.

Passed by a vote of 8-1, the proposed changes have a long way to go before becoming law, but there are indications it could make it all the way through the lawmaking process.

Basically, the law would decrease the threshold for which a marijuana possession case went from being charged as a misdemeanor to being charged as a felony.

Currently, if you are charged with possession of any amount less than 50 pounds, you face misdemeanor charges in the state. The Committee determined that possession of between about one-third of an ounce and 10 pounds should be classified as the lowest level felony, rather than the highest level misdemeanor, where it is now.

“That’s about a $50,000 street value,” said David Powell of the Indiana Prosecuting Attorneys Council, who supports the change. “You know that’s not for personal use.”

While Powell may be onto something, that few people would possess 10 pounds of pot for personal use, what he’s missing is the fact that what he is referring to (having marijuana with the intent to sell or share it), can be charged as another crime altogether (possession with intent to sell), really negating the need to change the current possession charge at all.

In addition to the possible marijuana change, the committee has also recommended changes be made that would help the lowest-level offenders have access to work release while those convicted of more serious crimes would be likely to spend more time in prison.

They scrapped a plan that would have increased the percentage of a sentence that someone would be mandated to serve, from 50% (where it currently stands), to 75%, determining that increasing the sentence length would remove some of the incentive for inmates to behave better while behind bars.

It’s not unusual for lawmakers to make decisions that seem to fly in the face of nationwide trends or have no seeming respect for what it is the people want. They often seem to run their own show. This particular bill has a long way to go before becoming law, which means there is time to contact local lawmakers and let them know you don’t want marijuana penalties increased.

In the meantime, if you are charged with a marijuana offense, know that you have rights and all is not lost. Contact our offices today to discuss your case and how we might be able to help.

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Man Alleges Police Brutality While He Suffered Seizure 18 Feb 2013, 4:22 pm

An Indianapolis man has filed a lawsuit against the city’s Metropolitan Police Department alleging he was beaten when cops thought he was on drugs. The man’s behavior, he says, was caused by a seizure disorder, something his sister told the officers as they tried to arrest him mid-seizure.

According to TheIndyChannel.com, Randy Lynn was shoveling snow on a sidewalk of West Washington Street when he fell and bloodied his nose. The paramedics were called and police showed up as Lynn suffered a seizure.

Upon seeing him, according to the lawsuit, officers assumed he was intoxicated. In an effort to “gain control” of Lynn, they reportedly used their Tasers three times and struck him in the head repeatedly. During the struggle, officers took Lynn down while his sister, who was nearby, tried to inform them that her brother was epileptic, not on drugs or drunk.

Lynn maintains he was unaware of what was going on the entire time. The officers allege he grabbed their Taser in an attempt to get it from them, but Lynn says he doesn’t recollect this and any grabbing was unintentional.

Lynn was ultimately arrested and charged with resisting, public intoxication, and one felony count of disarming a police officer. All charges were eventually dropped.

The lawsuit claims that he was the victim of a false arrest, assault, excessive force, and false imprisonment. He also says that the IMPD failed to train officers on identifying seizures and handling people with seizure disorders.

We don’t know if the officers didn’t hear Lynn’s sister as she tried to explain, if they felt threatened by his seizure, or if they simply didn’t care. For their part, the IMPD isn’t commenting.

“Misunderstandings” between cops and citizens happen often and usually right before an arrest. Unfortunately, if you aren’t he one with a badge, your word is often taken  with greater suspicion. When it comes right down to it, officials are more likely to believe an officer than a regular citizen, no matter who they are.

Fortunately, when you are accused of a crime, you have the right to a defense attorney—someone who will advocate for your rights and ensure your side is heard. If you are accused of a crime, whether it’s a drug offense or an OWI, we can help. Contact us today to discuss your case.

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Couple Faces Criminal Charges for Rescuing Deer 30 Jan 2013, 8:37 pm

In the latest news of overreaching law enforcement, an Indiana couple is facing criminal charges for rescuing an injured deer and nursing it to health. The couple is just one example of law enforcement overstepping their bounds and searching for a way to penalize even the most benign of activities.

According to Good Morning America, Jennifer and Jeff Councellar found the deer on a neighbor’s porch two years ago. The fawn was hurt and unable to walk. They took the deer home and cared for it.

Little Orphan Dani, what the Counceller’s named the deer, flourished. But an Indiana Conservation Officer (perhaps tipped off by someone) stopped by their house last summer and discovered Dani.

The state Department of Natural Resources determined the deer could be a danger to the Councellers or the public and ordered she be euthanized. On the day she was scheduled to be killed, Dani “inexplicably escaped” into the wild.

This, officials determined, didn’t make the situation okay. Now, though the deer didn’t pose a danger to the couple or the public, the Councellers still violated a law.

The two are charged with unlawful possession of a deer. Both could face up to 60 days in jail and $2,000 in fines. It’s a misdemeanor. For rescuing a deer. A deer, incidentally, that has now returned to the wild.

So, just where is the harm in this story? What did the Councellers do that would warrant jail time? That’s what everyone else is asking too.

Their story has made national news, but it seems the local district attorney isn’t interested in dropping the nonsense charges. This is common, that law enforcement would levy charges out of spite and then refuse to back down out of pride, or something like that.

After the publicity, there is strong public outrage against this charge, and there is a petition for the DA to drop the charges.

Jeff Counceller wouldn’t have knowingly become a criminal. He is a cop himself. Had he thought that his “offense” would warrant jail time and possibly put his job on the line, he likely wouldn’t have done it.

We hear all the time of crazy criminal charges, but some less “crazy” charges are still unnecessary. People are often charged with things like disorderly conduct for nothing more than angering police. This is part of the reason most people have a guarded fear when coming in contact with law enforcement.

Whether you committed an offense you knew was wrong and are looking for a lenient penalty, or if you are still unsure of why you are charged with a crime, contact a lawyer for advice.

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Indiana Residents Hiring Their Own Cops 24 Sep 2012, 3:09 pm

The drive Indianapolis Metropolitan Police Department cars; they wear the uniforms, and carry the guns, but these officers aren’t being paid by the city. Neighborhoods are hiring off-duty cops to come through their communities and keep them safe, at annual rates and to the dismay of some critics.

According to the Indy Star, Safe Neighborhoods uses off duty IMPD officers with their take-home patrol cars and all of their IMPD accessories to keep communities safer when the Department can’t. Community members see it as a way to compensate for the things the IMPD can’t handle like increased patrols and personalized attention. Others see it as a potential money maker for the city—one they are currently missing out on.

Residents pay up to $200 per year for the services. When more people in a community pay, they get more hours from the Safe Neighborhoods officers. Those who pay may get personalized emails and notifications from the officers in their area, as well as signs on their home announcing their protection. Those who don’t pay, still benefit—from the increased patrols in their neighborhood.

Safe Neighborhoods officers can make arrests and issue tickets. Unlike in other cities where off-duty cops are rented by business and neighborhoods, these IMPD officers retain all of the powers they have while on duty.

So, what’s the problem? Some think the Safe Neighborhoods business should be paying the city for use of municipal equipment. After all, the patrol cars and uniforms will wear out quicker when they are being used in a side-job. And with the Department being strapped for cash, any revenues are good revenues.

“We are not trying to replace IMPD, which is doing a great job with the resources it has,” says co-owner of Safe Neighborhoods and IMPD Sgt. Dan Green. “We are giving the residents the individualized attention they want, most of which is property protection.”

“They shouldn’t be using our equipment when they have their own business,” countered Councilman Joe Simpson. “You should get your own uniforms, your own cars and your own badges. This is a demonstration of how wild it’s gotten out there.”

What no one seems to be discussing, however, is how this impacts other neighborhoods. If the police departments are forced to cut back on officers and patrol time, leaving the city at risk, and some communities pool their money for a private business to patrol, what about those communities who can’t afford the private detail? These neighborhoods—already the hardest hit by crime and poor police relations—will only suffer harder. The communities that remain safe will be the ones where residents can afford to keep them that way.

If you’ve been arrested for a criminal offense, whether by an IMPD officer or an officer from a smaller department, we may be able to help. From reckless driving to drug possession, our attorneys are committed to protecting the rights of the accused. Contact our attorneys today. 

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Evansville Home Mistakenly Stormed by Armed SWAT Team 28 Jun 2012, 3:50 pm

If the police were looking for the type of person that would post threats on a comment section of a blog, what do you think is the first thing they would do? Maybe they would attempt to identify that person and talk to them about the threats—determining if they were nothing more than snarky Internet trolling gone-bad or if there was a legitimate threat. Or maybe they would just bring the SWAT team in and bust out a window and door where the suspect may or may not be hiding.

Evansville police opted for the second option and they even invited a local television crew to document the whole thing.

The problem with their plan of attack—they moved in on the wrong home, interrupting one 18-year old resident’s evening of television and no doubt frightening her grandmother who was also present.

The front door of the home on East Powell Ave. was wide open. In other words, the police could have looked in and had a normal conversation with the occupants. Instead, they tossed a flash-bang grenade through the window and broke down the storm door.

They were looking for computer equipment used to post threats online. The Department said the threats, posted in the comment section on Topix.com, were specific and targeted at least one police officer and his family.

Upon entering the home on Powell Ave., cops determined there weren’t any viable suspects. They still confiscated the resident’s laptop and cell phone, however, before leaving.

Evansville police stand behind their actions and the mayor reportedly does too.

Sergeant Jason Cullum, a police department spokesman said, “This may be just somebody who was online talking stupid. What I would suggest to anybody who visits websites like that is that their comments can be taken literally.”

In other words, don’t get to big for your britches online, or you might find your door broken in by an armed SWAT team. That is, of course, if they can get the address right.

Tactics like this are becoming more and more common in the world of policing and crime. Cops are more likely to use militaristic methods now than ever before, and all of this comes with risks.

Despite this, you have rights. Even when you are suspected of a crime and even when you are guilty of a crime, you have rights.

If you are accused of a criminal offense, from drug possession to assault, we may be able to help. Contact our offices today to discuss your case and your rights within the system.

The post Evansville Home Mistakenly Stormed by Armed SWAT Team appeared first on Indiana Criminal Defense Attorneys.

Is Cop-Killing Now Legal in Indiana? 19 Jun 2012, 1:24 pm

If you’ve paid attention to the headlines (SF Gate, Bloomberg, RT, and more) over the past few weeks, you may think a new ruling in Indiana makes it okay to shoot officers. But if you paid attention to the actual law behind the headlines, you would know differently.

Lawmakers passed an amendment to the Indiana Castle Doctrine (yes, the IN. counterpart to the FL. Law invoked in the Trayvon Martin case), that essentially ensures public service officials (including police officers) are not exempt from having forced used against them under qualifying conditions.

What’s a qualifying condition for a castle doctrine defense? If the police, or anyone else for that matter, enters your home without consent (and without a warrant or legal justification), you are permitted to use a reasonable amount of force to get them out. If you believe this person(s) entry into your home puts you or your family at risk of death, you can use lethal force.

This doesn’t apply if the cops have a warrant. You can’t shoot them just because you are scared for your life, if they have a legitimate legal justification for entering your property. But if they attempt to gain access without legal justification, force is permitted.

The reason this amendment was needed was because of a Indiana State Supreme Court ruling in 2011. The ruling, in the case of Barnes v. State, said that, “there is no right to reasonably resist unlawful entry by police officers.” This meant the court said that cops could enter your home illegally and you couldn’t do anything to stop them. Obviously, the amendment was justified.

The headlines following the passage of this amendment were nothing more than sensationalist. News media likes the shock-and-awe of controversial headlines, even if they sometimes blur the truth.

For an in-depth analysis on the amendment and the reasons for it, take a look at Radley Balko’s piece for the Huffington Post, for which we owe much of the information in this blog post.

Self-defense is a defense that allows someone to say they had to take otherwise criminal action (an assault or homicide, for instance) in order to protect themselves or their family from physical harm. Using this defense in a court of law is trickier than it might seem on television legal dramas, however.

If you are accused of battery or something more serious, but you were acting in self-defense, contact us today for a free consultation on your case.

The post Is Cop-Killing Now Legal in Indiana? appeared first on Indiana Criminal Defense Attorneys.

Did an Allen County Councilman Get Special Treatment After OWI? 15 Jun 2012, 7:38 pm

The Allen County Sherrif’s Department is under fire after a unique drunk-driving stop last weekend. According to Wane.com, Allen County Councilman Paul Moss was pulled over on suspicion of drunk driving. But before the Fort Wayne Police could arrive to give any sobriety tests, the Sheriff had ordered Moss to be released.

Sheriff Ken Fries says nothing unethical occurred; Moss agrees. But the facts have raised suspicions of many locals.

Although two law enforcement agencies were involved that night, there was only one report. The report, from the Fort Wayne Police Department, indicates an Allen County Sheriff’s Deputy pulled Moss over at about 2:31 a.m.

Twenty minutes after stopping Moss, the Deputy called the FWPD to have an officer sent out to help administer the OWI test. That officer was sidetracked by another drunk driver while en route and was delayed. He called the deputy to ask that they meet at the Allen County Justice Center to do the test.

At 3:19 the Fort Wayne officer got to the Justice Center and was informed that the Deputy and Moss wouldn’t be coming, that the Sheriff had issued an “order to disregard the call.”

Moss had called the Sheriff, he says “to find out what was taking so long and if there was a away to expedite the process.” In turn, the Sheriff told his deputy to let Moss go.

Moss maintains he hadn’t been drinking and that he was “providing a safe ride home for my daughter and her friends.” He went on to say, “If I had broken the law, they would have done their job.”

Sheriff Fries echoed that sentiment, though he was reluctant to speak on the matter. “I’m not really interested in talking about a non-story. Someone calls me who is not drunk and they didn’t get arrested.”

The vast majority of people stopped on suspicion of OWI don’t have the luxury of putting a call in to the local Sheriff. Any other person, without those sort of connections, would have been forced to wait patiently for the officer to arrive and administer the test, whether or not they were drunk. This indicates that there was some special treatment, though one can never know what went through Sheriff Fries’ mind.

If you are accused of OWI and you need someone in your corner when you go before the judge, we may be able to help. Contact our offices today to discuss the specifics of your case and what options are available to you.

The post Did an Allen County Councilman Get Special Treatment After OWI? appeared first on Indiana Criminal Defense Attorneys.

How Taking Out a Restraining Order Can Cost You Your Job 23 May 2012, 3:01 pm

In Indiana, someone who takes out a restraining order in an abusive relationship can lose their job as a result. There is no protection for such firings under Indiana law, and that’s something that many people think needs changing.

According to the Indy Star, one such domestic violence victim was poised to bring a civil suit against her employer, alleging her own firing amounted to gender discrimination since victims of domestic violence are most often women. But she dropped the suit when the company offered her another position at a different location.

Her boyfriend had beaten her and threatened to kill her. She took out the protective order and informed her employer who immediately put her paid leave while they decided how to handle the situation. They then fired her, giving her $700 in severance pay.

Employers are understandably scared of violence in the workplace. But in this particular case, the boyfriend had never shown up at the job and had only called once. The victim said their fear was unjustified.

Indiana domestic violence laws protect the victims. The Indy Star calls the state’s laws “progressive” in terms of victim protection. But that progressiveness doesn’t extend to the workplace, and it doesn’t protect victims from losing their jobs as a result. Domestic violence advocates say this has to change.

When someone is involved in a violent or potentially violent situation, they should be protected. But it causes one to wonder how many abusers or alleged-abusers have lost their jobs for being named in a protective order.

The threat of job loss is very real when you are involved in a criminal case or even named on a civil injunction. Employers’ first priority is a safe workplace and because companies in Indiana can release employees “at will,” they may determine that your presence on the job presents a risk or even merely a distraction by other workers.

Not only do you have to worry about losing a job after you are convicted of a crime, you need to be thinking about the effects of a criminal charge or a protection order even before you have your day in court.

Criminal charges and domestic violence cases reach from your personal life into all areas of your life and can certainly affect your employment. Having an experienced criminal defense lawyer on your side throughout can help you cope with some of these unexpected ramifications.

If you are named in a restraining order and facing charges for violating it or facing original domestic battery or other charges, we may be able to help. Contact our offices today to discuss your case.

The post How Taking Out a Restraining Order Can Cost You Your Job appeared first on Indiana Criminal Defense Attorneys.

Evidence Mishandled Again in Homicide Case Against Cop 24 Apr 2012, 2:56 pm

For the second time, Indianapolis Police are under fire for mishandling the evidence in a case where a cop is accused of driving his squad car into motorcyclists while he was allegedly drunk, killing one. Community members, leaders, and even other cops are calling for a major shake-up within the department.

Chief Paul Ciesielski resigned his position after the latest mess-up came to light. Some are saying his boss, Public Safety Director Frank Straub should follow suit. But just this week Straub was before the City-County Council committee outlining the reasons why he should keep his job.

According to the Indianapolis Star, the case in question involved now-suspended officer David Bisard. Bisard is accused of plowing through a group of motorcyclists, injuring several and killing one. It is suspected that he had been drinking. Blood evidence reportedly backs this allegation.

Marion Superior Court Judge Grant Hawkins had ruled the blood evidence was inadmissible in court because the police allowed someone not authorized under state drunk-driving laws to draw the blood from Officer Bisard. However, he did mandate that the evidence be maintained.

The latest screw-up was discovered when the vials of blood were found in an unrefrigerated storage area, rather than kept cold.

Though Ciesielski left his position as Chief, he will stay on as a Captain within the Department. Three others in the department have been placed on paid leave pending an investigation into the mistake. The FBI will also be investigating the issue to see if anyone should face criminal charges for the mishandled evidence.

When it seems as if a police department may be trying to save one of their own, through intentional mistakes on the case, it is definitely time for an in-depth investigation to ensure this isn’t the case and if it is, to remedy the situation.

One community spokesperson, Rev. Stepehen J. Clay, says “IMPD must undergo critical operational changes and stop the game of musical chairs with the chain of command.”

Others, even within the department, are saying Straub needs to go. Having only been in the department (and the state of Indiana) for two years, those within the department have suggested that he merely passes the buck, throws people under the bus, and blames “past corruption” for the problems in the department today.

In the Bisard case, two of the motorcyclists have filed civil suits against Bisard and the city. Bisard faces a litany of charges including reckless homicide.

This case outlines the importance of good evidence handling procedures within law enforcement. Even having the wrong person draw your blood can result in the evidence being ruled inadmissible.

When you are facing criminal charges, your attorney will look closely at the evidence to ensure it wasn’t obtained in violation of your rights and if there are issues with it, they will work to have it thrown out of court.

If you are accused of a crime and have questions about the evidence against you, contact us today.

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