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Noblesville Criminal Law Blog

What are the most effective defenses to drunk driving?

Most people have experienced being pulled over by law enforcement officials and being asked to perform a Breathalyzer test. In the majority of cases, the person being tested will be able to prove that they are driving legally by having their blood alcohol concentration (BAC) measured in this way.

However, some people's BAC will be determined to be over the legal limit. This will happen if the Breathalyzer test displays BAC figures at 0.08% or higher. However, this evidence alone does not automatically prove that you were driving over the limit. This is because the Breathalyzer test may have been faulty, or other factors could have affected the result, for example, a health condition.

How to determine whether items are drug paraphernalia

Many things can lead to a drug-related charge. One that many people don't think about is the paraphernalia that's used to make, use or sell drugs. These charges are just as serious as those that involve actual drugs.

It is imperative for everyone to know a few points about drug paraphernalia, partly because there are some instances in which a person might face charges for this even if they don't have any drugs.

Don't count on a victim to drop domestic violence charges

Domestic violence accusations are very serious, and they can lead to criminal charges. It is imperative that anyone who is facing criminal action because of these accusations get started on their defense promptly because there are many repercussions if you are convicted.

Several strategies can combat these charges, but there are some that you should never count on. One that falls into the latter category is trying to get the alleged victim to drop the charges.

The expungement process in Indiana

Any type of criminal conviction is a big deal, as it can alter your life in a number of ways. In addition to the penalties, such as jail time or community service, there's a chance that your criminal record will make it difficult to live your best life in the future.

For example, if you have a felony on your record and you want to be a teacher, you'll find that it's difficult, if not impossible, to follow this career path.

Back to School Means that Hoosier Drivers Must be Extra Vigilant with New Laws in Effect for Cases Involving School Buses and Violations of the Stop-Arm Laws

In response to a tragic accident near Rochester, Indiana last fall that resulted in the death of 3siblings, the Indiana Legislature recently passed tougher laws and penalties for drivers thatillegally pass or overtake school buses effective July 1, 2019.

In addition to receiving a ticket for an infraction, Hoosier drivers that violate the Stop-Arm lawscan now be charged with: a class A misdemeanor subject to up to one year in jail and a $5,000fine; a level 6 felony punishable by up to 2.5 years in prison and a $10,000 fine if their actionsresult in an injury; or, a level 5 felony punishable by up to six years in prison and a $10,000 fineif it causes a death.

As well as stiffer penalties for violations, school districts also have access to additional fundingto install stop-arm cameras to catch violators and law enforcement agencies will respond withsubstantial budgets for increased officer overtime pay this fall.

Details of the Indiana pretrial diversion program

If you're arrested for a crime, such as driving under the influence of alcohol or drug possession, you understand the potential consequences of your actions. Furthermore, you may have concerns about these consequences, as they have the potential to include jail time.

Fortunately, there are steps you can take to put yourself in the best possible position for making a full recovery after your arrest. For example, the Indiana legislature created a pretrial diversion program that is more or less a pretrial probation period.

Protect your legal rights after a drunk driving charge

A charge of drunk driving can take a toll on your life, as you have many concerns about the impact of a conviction on your future. Fortunately, a DUI charge doesn't always result in a conviction.

There are steps you can take to protect your legal rights, with the idea of avoiding a conviction and the serious consequences associated with it.

Consider the collateral consequences of a felony conviction

People who are facing criminal charges tend to think about the criminal sentence. While time in prison, fines and similar penalties are a real concern, there are many others that you need to think about if you are in this position, especially if the charges are felonies.

When you are convicted of a felony, the branding of being a felon follows you around for life. The trouble with this is that it doesn't give a person a chance to redeem themselves, even if they successfully complete the criminal sentence and turn their life around. It also doesn't differentiate between violent crimes and non-violent crimes. Instead, there is just the umbrella term of being a felon.

Protecting your rights when a restraining order is filed

If you have a volatile relationship with an intimate partner, a family member or even a neighbor or former friend, at some point you may be served with an order of protection— otherwise known as a restraining order. What you do after being served is crucial to the outcome of any pending litigation against you that's been filed or is pending.

Many people become enraged at the person who filed the order. While that reaction may be understandable, particularly if the individual lied to the court to obtain it, it's important to tamp down any thoughts of retaliation. This will only fan the flames of the dispute, land you in jail and essentially prove your adversary's case to the court. Below are some things to know about restraining orders.

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