Thanks to technology, information is abundant and travels quickly. It is impossible to keep up with everything, so instead we increasingly rely on experts and fact checkers, like the news, professionals, and even social media influencers, to parse information for us. In the legal realm, however, the judicial system serves as the ultimate fact checker.
Take, for example, the recent Indiana Court of Appeals Case Cannon v. State of Indiana. In Cannon, the Defendant was charged and convicted of providing false information to a Town Marshal by failing to disclose the location of Defendant’s dog, which had been involved in an attack on two miniature horses. On Appeal, Defendant argued that because he provided no information to the Marshal regarding the dog’s location, he did not provide false information. The Court agreed, holding that one cannot provide false information if one does not provide any information. And while Defendant could have initially been charged with additional offenses, Constitutional restrictions on Double Jeopardy prevent the State from doing so.
Just like the Defendant in Cannon, it is a good idea to exercise your right to remain silent. Better yet, if you find yourself in a situation and you need advice or representation, call me.
If you are facing a pending criminal proceeding, you need a tough, skilled, and experienced Criminal defense attorney. With offices in Auburn, Kendallville and Albion, IN, the attorneys at Yoder Kraus & Jessup P.C. bring over 50 years of experience in criminal defense to the courtroom and are prepared to fight for your rights and your freedom.
Attorney Kraus has nearly 30 years of experience in Criminal Law, Family Law, and Litigation. He is a member of the National Association of Criminal Defense Attorneys and the Indiana Trial Lawyers Association.
A PDF version of this article is available here.