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Todd Ess, Attorney At Law
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In a criminal trial, the jury decides whether a person is guilty or not guilty. A criminal trial involves the government (the state of Indiana, for example) bringing charges against someone who committed a crime, such as robbery, murder, or drunk driving. In a civil trial, the jury decides whether a person is liable (legally responsible for damages) or not liable (not responsible). There can be a jury in either a civil or criminal trial. However, there is no jury in the appellate courts: Appellate judges determine the outcome of all appeals.

A common misunderstanding about the appellate courts is that they simply rehear the case over again, evidence and all. But the truth is that appellate courts do not rehear the facts of the case. Appellate courts focus on questions of law, NOT on questions of facts like the trial courts. The appellate judges want to know whether the law was applied accurately.

#law #lawyer #attorney #legal #advice #representation #assistance #court

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During the course of a search or an arrest, the police often seize cash, vehicles, and other personal belongings or valuables. Specifically, Indiana's forfeiture laws authorize the police to seize property ''furnished or intended to be furnished'' in exchange for a criminal act; ''used to facilitate any violation of a criminal statute''; ''traceable as proceeds of the violation of a criminal statute''; or derived from ''a pattern of racketeering activity''. In addition, the police may seize real property (e.g., homes and businesses) and 'freeze' bank accounts.

#attorneyatlaw #attorney #lawyer #law #legaladvice  

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My passion for justice began when I enrolled in the Criminal Defense Clinic at the Indiana University Robert H. McKinney School of Law. There, I became one of the first law students in Indiana to join Barry Scheck and Peter Neufeld's world-renowned Innocence Project by representing Larry Mayes, then an inmate at the Indiana State Prison in Michigan City, Indiana.

The Innocence Project has helped free hundreds of wrongfully convicted inmates, including many on death row. It has repeatedly demonstrated how law-abiding citizens are sometimes swept up in what our U.S. Supreme Court has described as the “often competitive enterprise of ferreting out crime.” This firsthand glimpse into the horror of wrongful convictions was my gateway into criminal justice.

Since 2001, I have represented clients whose charges ranged from simple misdemeanors to complex felonies. In 2004, I trained at the National Criminal Defense College in Macon, Georgia. Today, I continue my mission to seek justice for each and every client.

Call me today: 317-631-6600

#law #lawyer #attorney #attorneyatlaw #justice #legal  

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Are you an innocent owner? During the course of a #search or an #arrest, the #police often #seize cash, vehicles, and other personal belongings or valuables. Specifically, Indiana's forfeiture laws authorize the police to seize property ''furnished or intended to be furnished'' in exchange for a criminal act; ''used to facilitate any violation of a criminal statute''; ''traceable as proceeds of the violation of a criminal statute''; or derived from ''a pattern of racketeering activity''. In addition, the police may seize real property (e.g., homes and businesses) and 'freeze' bank accounts.

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What should you look for in a criminal defense attorney?

Your attorney should be competent, prompt, and diligent.
Your attorney should be an effective communicator.
Your attorney should have considerable jury trial experience.
Your attorney should be able to practice in both trial and appellate court

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Are you an innocent owner?  
During the course of a search or an arrest, the police often seize cash, vehicles, and other personal belongings or valuables. Specifically, Indiana's forfeiture laws authorize the police to seize property ''furnished or intended to be furnished'' in exchange for a criminal act; ''used to facilitate any violation of a criminal statute''; ''traceable as proceeds of the violation of a criminal statute''; or derived from ''a pattern of racketeering activity''. In addition, the police may seize real property (e.g., homes and businesses) and 'freeze' bank accounts.

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