Areas of Practice

• Criminal Charges
• Estates/Trusts
• Real Estate
• Divorce and Family Law
• Personal Injury
• Medical Malpractice

Criminal Charges

In the event criminal charges have been brought against you by the State of Indiana, through the local Prosecutor, it is important that you know and understand your constitutional rights under both Indiana and Federal Law.

Attorney Ned Tonner has represented hundreds of criminal defendants for both misdemeanor and felony charges in numerous counties in Northwest Indiana. Not only is attorney Tonner a former federal law clerk for a federal judge in Hammond, Indiana, but he is also a former public defender. He has successfully defended criminal defendants in jury trials for both misdemeanor and felony charges and previously appeared as a guest lecturer at an attorney seminar in Indianapolis entitled, "Planning Your First DUI Defense".

Initially, there are several important issues to address:

• Charges - You have the right to be informed of the charges that have been brought against you and to be informed of the possible penalties and fines that may be assessed in the event a conviction or a judgment is eventually entered against you. This occurs at the initial hearing, where the Court informs you of the actual charges and the possible fines and penalties. Generally, there are time requirements as to how long you may be incarcerated before your initial hearing must be held before the Court.
• Bond - You have certain rights in connection with the posting of a bond. Typically, a defendant's bond is set in accordance with a particular Court's schedule. Some courts have a bond schedule, others don't. There are also different types of bonds. A cash bond allows you to eventually apply your cash bond towards fines, fees and Court costs. You should consult with your attorney before posting bond to understand the different types of bonds that may be available.
• Retainer - Our firm sets the price to retain attorney Tonner based the severity of the charges, the number of different charges and the facts and circumstances of your particular case. Typically, a set charge will be quoted before retention, which includes all representation, except as to particular motions to suppress evidence and to jury trials, which require considerably more attorney time. The vast majority of cases do not result in a jury trial, but are resolved through the entry of a plea, or other disposition. Additionally, the retainer fee is paid in full at the time of retention. In this way, our firm is able to focus on the merits of your case. In order to assist our clients, our firm provides for payment by credit card.
• Discovery - Once retained and our firm enters its appearance, we enter into the discovery phase of the criminal proceeding. Attorney Tonner will receive all police reports, witness statements or any other discovery that the State of Indiana intends to introduce in its trial against you. The purpose of receiving discovery is to ascertain whether there are any possible defenses to the charges brought against you. There are several important questions to address. Were you properly stopped or detained by the officer at the scene? In the event of a custodial interrogation, were you properly given your Miranda rights before questioning began? How credible are the witness statements against you? In an alcohol related case, where you properly given the blood alcohol and field sobriety tests? These are important questions to answer; yet each case presents its own unique facts and circumstances.
• Negotiation - In the event an examination of the State's evidence reveals no obvious defense, our firm then begins negotiating with the Prosecutor's office. This may require several meetings and may take several weeks. In the event a plea offer is received, you, as the client, will be informed of the State's offer and will have the opportunity to either accept or reject the offer. In the event you accept the offer, a written plea agreement in entered into between the State of Indiana, you and your attorney. The plea agreement is then presented to the Court for its approval. In the event the Court accepts the plea, a judgment of conviction is entered at that time. In the event the Court rejects the plea agreement, your prior constitutional rights, which include a right to a jury trial in all felony cases and in some misdemeanor cases, will be fully reinstated.

The facts and circumstances of each criminal case are different and require individual analysis. It's important that you work closely with your attorney in all aspects of your case.

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Estates/Trusts

In Indiana, at the time of death of the first spouse, and assuming that all property is jointly held by husband and wife, the real and personal property may be transferred to the surviving spouse by simple affidavit. At the death of the second spouse, in the event there is a net estate of $25,000.00 or greater and a revocable living trust has not been executed, a probate proceeding is necessary in Indiana. Probate is the procedure whereby a petition is filed with the Court to open an estate, personal representatives are appointed, and notice is published in the local newspaper to notify potential creditors who may wish to file a claim against the estate. The personal representative then inventories the assets in the estate, debts and taxes are paid, and the Court eventually gives final approval. Depending on the type of probate that is filed with the Court, the probate process may take 4 - 6 months or longer, depending on various factors.

One way to avoid probate in Indiana is to execute a revocable living trust. A revocable living trust is a mechanism which allows you to set forth the beneficiaries of your estate, just as you would do in a will, but instead of holding title to your real and personal property individually, your assets are titled or placed into your trust. Many people name their trust, "The John and Jane Doe Family Revocable Living Trust" (insert your name). Your house and other real property are then transferred into your trust by deed, which I prepare. Your various bank accounts (CDs and stocks) are also transferred into your trust by changing the signature cards of all bank or brokerage accounts. Other mechanisms are utilized to transfer the remainder of your property into your trust, if necessary, so that at the time of your death, you have less than $25,000.00 of net assets in your individual name. In this way, you avoid probate.

By executing a revocable living trust, you control the disposition of your assets during your lifetime, as you name yourself as the trustee of your trust. This allows you to buy and sell and transfer assets both to and from the living trust during your lifetime. In this way, you control the trust.

By executing a revocable living trust, you avoid probate and the attorney fee cost associated therewith. (Although you are not required to hire an attorney to file a probate proceeding in Indiana, most people are unfamiliar with the probate laws and process.) A trust can result in a savings of several thousand dollars to your estate, and ultimately to your children or beneficiaries. Revocable living trusts do not avoid the requirement to pay Indiana Inheritance Tax - you will be required to file an Indiana Inheritance Tax Return regardless of whether you die with a will or trust, assuming your net estate is worth more than $25,000.00, at the time of the second death. However, depending on the size of your estate and the type of trust that you draft, a revocable living trust may allow you to take full advantage of the Federal Estate Tax Exemption for each spouse, and thereby substantially reduce your federal estate tax exposure.

Attorney Ned Tonner has drafted numerous revocable living trusts for various clients. Our firm offers a package for each revocable living trust, which includes the following document preparation:

• Revocable Living Trust.
• Pour-over Will.
• Power of Attorney.
• Appointment of Healthcare Provider.
• Living Will, involving medical decisions.
• Deed work, depending on number of properties and location of same.

Please contact our office to schedule a consultation as to which trust is right for you.

In the event you are involved in a situation where there is a death and a probate proceeding is required, Attorney Tonner is available to represent the estate through the probate process. Additionally, we provide legal services to clients who are in need of a guardianship, in the event a loved one is unable to properly care for him or herself. Please schedule an appointment with Attorney Tonner to discuss your options.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

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Real Estate

Attorney Ned Tonner has handled several different types of real estate transactions, which include the following:

• Contracts to purchase real estate.
• Contracts for the conditional sale of real estate (buying property on contract).
• 1031 tax exchanges.
• Affidavits to transfer real estate.
• Warranty Deeds.
• Quit-Claim Deeds.
• Actions to severe or partition a parcel of land.
• Litigation regarding real estate, including defective home or construction cases.

Some individuals elect to sell their own real estate, and often need assistance to complete the necessary transactional work. Once the terms of a sale have been agreed upon, the parties will then execute a real estate contract. There are different types of contracts, depending on whether the sale will be made in a lump sum, or whether the purchase price will be paid over a number of years. Attorney Tonner is able to assist you in the drafting of any and all necessary contracts.

Once the contract has been executed, the parties will usually undertake to finance the purchase, which may take up to 60 days. Typically, the seller of a parcel of real estate is required to provide title insurance to the buyer, guaranteeing that the seller does indeed hold good title to the property in question. The seller is typically responsible for the cost of the title insurance. The seller is also responsible for the cost associated with the preparation of the warranty or quit-claim deed. The buyer may elect to have the property surveyed, at the buyer's expense, and may have other inspections performed at the buyer's request and expense. Typically, the parties equally share the costs of closing. Real Estate taxes are also prorated up to the date of closing.

Attorney Tonner works closely with local banks and title insurance companies in order to assist the client in completing all transactions. Please contact Attorney Tonner to discuss your options.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

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Divorce and Family Law

Attorney Ned Tonner has handled the following types of divorce and family law cases:

• Petition for dissolution of marriage.
• Petition to modify change of custody.
• Petition to modify the terms or obligations of a prior divorce.
• Contempt proceedings against a party who has failed to follow the terms and obligations as set forth in the divorce decree.
• Emergency petitions regarding visitation and change of custody.
• Modifications regarding child support.
• Modifications to change visitation times and places.
• Temporary restraining order against ex-spouse or others to stop harassing conduct.

Generally, in Indiana, in order to file a petition for dissolution of marriage, you must have lived in the county that you wish to file in for the three months prior to the date of filing, and you must have lived in the State of Indiana the six months prior to filing thereto. There is also a requirement in Indiana that the petitioner may not be pregnant at the time of filing. There must also be an allegation that the marriage should be dissolved due to irreconcilable differences. Attorney Ned Tonner will file all necessary documents to initiate a dissolution or divorce proceeding, including the filing of the petition for dissolution of marriage, summons, appearance, temporary restraining order and a request for a provisional hearing, if necessary, whereby the court will temporarily decide matters such as: who will receive temporary custody of the children of the marriage; who will pay child support; who will live in the marital residence during the pendency of the divorce; who will receive which vehicle and; who will pay which debts during the pendency of the divorce proceeding.

Once the divorce papers have been filed in Indiana, a party must wait a minimum of 60 days before finalizing a divorce. In the event the parties agree to all aspects of the divorce, the parties may reach an out-of-court settlement by the filing of an agreement which sets forth all issues concerning the divorce