About Oni Harton, Esq.
Oni Harton is an experienced estate planning and litigation attorney. She has been writing and researching for more than two decades and enjoys contributing to efforts that connect people with critical legal services. Oni contributes to Super Lawyers by creating content and verifying the legal accuracy of articles. Oni is an Indiana University School of Law graduate. She is licensed in Indiana.
Articles written by Oni Harton, Esq.
What Is a Sidebar in Court? Legal Meaning Explained
A sidebar is a private discussion between the judge and attorneys during a trial, often called a bench conference. It lets lawyers address objections, evidence admissibility, procedural issues, or sensitive information without the jury hearing them. The judge decides whether to allow the conference, excuse the jury, or require the lawyer to continue in open court. The goal of a sidebar is to prevent jurors from being influenced by legally impermissible information. If you or a loved one is …
Decoding Criminal Court: Cross-Examination, Leading Questions, Stipulations
Cross-examination, leading questions, and stipulations are criminal trial procedures that shape how testimony unfolds. They allow the prosecution and defense attorneys to present, challenge, and clarify evidence before the court. Direct examination, cross-examination, and redirect examination each serve distinct roles in witness testimony, while stipulations allow attorneys to streamline testimony and other evidence before the jury. If you or a loved one are facing a criminal trial, consult a …
Rogue Jurors and Holdouts: What Happens When a Jury Can’t Agree
In a criminal trial, one juror can prevent a verdict by refusing to join the others, because the jury must agree unanimously to convict. The requirement applies in both state and federal cases under the Sixth and Fourteenth Amendments, and criminal juries generally consist of 12 members. A judge may declare a mistrial when deliberations show the jury is genuinely deadlocked, allowing the case to be retried. When both parties rest their cases at the end of a jury trial, the jury must deliberate …
303 Creative: Can Laws Force You To Express Views You Disagree With?
In 303 Creative et al. v. Elenis et al. (2023), the Supreme Court of the United States held that Colorado could not force an individual to create expressive designs conveying messages she did not endorse. The Court found that, under the First Amendment's Free Speech Clause, Colorado could not use the Colorado Anti-Discrimination Act to compel Smith to create expressive designs conveying messages she did not endorse. If you or a loved one faces a constitutional law issue, use the Super Lawyers …
What Is Public Accommodations Law?
Public accommodations law requires businesses and facilities open to the public to provide equal access to goods, services, and premises, free from unlawful discrimination. Covered places commonly include restaurants, hotels, stores, theaters, stadiums, and healthcare providers. Federal protections, including the Americans with Disabilities Act, may require reasonable accommodations, accessible facilities, and removal of physical barriers. If you or a loved one has experienced violations of …
What Are Mens Rea and Actus Reus? Proving Criminal Cases
Mens rea and actus reus are the two essential components prosecutors must prove for a criminal conviction. Actus reus is the voluntary criminal act, or an omission when the defendant had a legal duty to act. Mens rea is the required mental state, such as purpose, knowledge, recklessness, or negligence. Depending on the offense and applicable state law, prosecutors must connect the mental state to the act and prove every element beyond a reasonable doubt. Understanding these concepts matters to …
How Junior Lienholder Rights Work When You Fall Behind on a Second Mortgage
Whether a second mortgage or home equity loan can create foreclosure risk, even when the first mortgage is current, is a legitimate concern for homeowners with a second mortgage. Falling behind on a second mortgage can result in foreclosure proceedings. The junior lienholder has the right to foreclose, which can put you at risk of losing your home. However, defaulting on a junior mortgage doesn't necessarily mean foreclosure. Your options typically depend on your home equity. Potential paths …
Can Credit Card Companies Lien Your House? Homestead Exemptions Explained
Growing unpaid credit card balances may get you wondering whether an unsecured creditor can reach your home. Under specific conditions, an unsecured creditor can place a lien on your home. However, strong protections often prevent this scenario from happening. Understanding your rights and the practical steps that can protect your equity can give you the confidence to take back control. If you need further guidance, consult a debtor and creditor rights attorney. How Credit Card Companies Obtain …
Converting Credit Cards to a HELOC Before Bankruptcy: Legal Traps
Debtors facing insurmountable debt may consider using a home equity line of credit (HELOC) to pay off credit cards before filing for bankruptcy. While it may seem like a debt-consolidation strategy, it could backfire. Unlike a personal loan or refinance, this approach carries risks. Converting credit cards to a HELOC before a bankruptcy can lead to fraudulent and preferential transfer challenges, non-dischargeability complaints, loss of the homestead exemption, and court sanctions. It can also …
HELOC Payment Shock and Foreclosure: What Happens When Draw Periods End
What happens to a homeowner who has comfortably made small monthly home equity line of credit (HELOC) payments for years but suddenly faces a payment that has doubled or even tripled once the credit limit is frozen and repayment begins? A typical HELOC includes an interest-only draw period followed by a full repayment period. This situation can create serious financial strain, particularly when the prime rate has increased. If you face payment shock after the draw period ends and amortization …
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