Jackson Law OfficeFindLaw IM Template2024-03-19T17:19:28Zhttps://www.jasonjacksonlaw.com/feed/atom/WordPressOn Behalf of Jackson Law Officehttps://www.jasonjacksonlaw.com/?p=482042024-03-19T17:19:28Z2024-03-19T17:17:48Z#1: What types of situations can lead to suspension or revocation?
Some common examples include:
Accumulating too many traffic violation points,
Driving under the influence of alcohol or drugs,
Failing to provide proof of insurance, and
Non-payment of traffic fines or failure to appear in court.
The point system in Indiana is particularly strict. A driver can lose points for speeding, failing to use headlights or turn signals and following another vehicle too closely.
#2: How can I reinstate my driver’s license?
Reinstatement of a driver's license in Indiana is not automatic and involves several steps, including satisfying court requirements or completing a defensive driving course and paying all applicable fines and reinstatement fees.
#3: How can I prepare to fight back?
Know that you have rights. Allegations of traffic violations may seem like a relatively minor issue, but when you add up the points, they can spell big trouble for your license. Review the allegations and consider fighting back. A strong defense strategy, tailored to your case, can result in the reduction or dismissal of charges. This could include a review of the evidence to see if they have enough to support the charges.
It is also important to know that the law that guides these matters is always changing. In a recent example, Indiana lawmakers are considering a new law that would change how the state handles license suspensions following car accidents. Currently, the law allows for an automatic suspension if the driver does not respond to a Bureau of Motor Vehicle’s request for insurance verification after the crash. The proposal would change this, requiring the state to send a copy of the letter to the driver’s most recent insurance carrier and allow drivers to request a hearing to show proof of insurance before the state can suspend their license.
This highlights the need to stay current when navigating this situation, as changes in the law can impact your case. It is also important to note that driving with a suspended or revoked license is a criminal offense and can lead to arrest, further fines, and an extended period of suspension or revocation.
Losing your driving privileges has significant legal implications. It can affect your daily life, limit your mobility, and result in financial strain due to the inability to commute to work. Moreover, a record of suspension or revocation can have long-term effects on your driving history and insurance premiums.]]>On Behalf of Jackson Law Officehttps://www.jasonjacksonlaw.com/?p=482022024-02-09T11:56:26Z2024-02-09T11:56:26ZIndiana Code 35-43-4-2, the elements of theft include:
Acting knowingly or intentionally.
Exerting control of another person’s property without authority to do so.
Intending to deprive the other person of the property (any part of its value or use).
There are several types of theft that may be covered by Indiana law. Some examples of theft-related crimes include:
Shoplifting.
Petty theft.
Theft of a vehicle.
Credit card theft.
Embezzlement.
If the offender intends on returning the property, they may be charged with conversion instead of theft.
Will I be charged with a misdemeanor or felony?
The severity of the charges you face will generally depend on the value of the stolen property, prior offenses, and other circumstances relating to the offense (e.g., if a weapon was used). Generally, in Indiana, if the stolen item has a value of less than $750, you may be charged with a Class A misdemeanor theft. A Class A misdemeanor conviction may result in up to one year in jail and up to $5,000 in fines.
If the stolen item has a fair market value of at least $750, you may be charged with a felony. Stolen property valued from $750 to $50,000 may result in a Level 6 felony and face six months to 2.5 years in prison and a fine of up to $10,000. If the stolen property is valued at more than $50,000, you may face a Level 5 felony, which may result in one to six years in prison and a fine of up to $10,000.
Defending against theft charges
If you have been charged with a theft offense in Indiana, there are several criminal defense strategies you can use to defend against the charges you are facing. For example, you may be able to establish that you lacked the requisite intent in that you did not intend to permanently deprive the owner of the property. You may also challenge the evidence presented by the prosecution or establish that it was obtained illegally.
]]>On Behalf of Jackson Law Officehttps://www.jasonjacksonlaw.com/?p=481952024-01-08T17:56:04Z2024-01-08T17:55:08Zspecialized courts recognize that addiction is a complex issue and that, often, traditional punishment does not help in addressing the root cause of these types of crimes.
Understanding drug courts
These courts aim to address the unique needs of individuals struggling with substance abuse. Rather than focusing solely on punishment, these courts aim to rehabilitate offenders by offering a structured path to recovery.
How do drug courts benefit the system?
Many people may wonder what the courts get out of this, and that is because most people do not understand that the judicial system does not want to punish individuals.
The law is in place to create and maintain order, and the judicial system understands that addiction is an illness and something that individuals should address.
While sometimes punishment is appropriate because the law says it is, drug courts open the door to the idea that there are ways to decrease drug-related crimes by addressing the root causes, such as addiction and substance abuse, which often lead to individuals committing crimes.
How do drug courts work?
Upon entering drug court, individuals undergo a thorough assessment to identify the root causes and create a personalized treatment plan. Instead of facing incarceration, individuals commit to a program that includes:
Treatment
Counseling
Therapy
Court check-ins
Community support
Drug court usually takes between 18 and 24 months. A team of court professionals. Sometimes that involves a drug court judge, the individual’s criminal defense attorney, probation officers, community corrections representatives, treatment providers and a state or local prosecutor.
A beacon of hope
Drug courts embrace the understanding that some individuals commit drug-related crimes because of addiction and want to help them by addressing the root cause instead of punishing them. However, these programs are intensive and involve a high level of supervision.
Many individuals who graduate from drug court successfully deal with their addictions in the program and go back into the world with tools to continue to support them in their healing journey.
This not only helps the individual but also courts and communities, as these programs often result in lower rates of repeat offenses.]]>On Behalf of Jackson Law Officehttps://www.jasonjacksonlaw.com/?p=481922023-12-15T19:36:55Z2023-12-19T18:45:17ZSecond Chance law, you may be able to limit this damage by restricting access to some of your records.
Filing an expungement petition
Under the Second Chance law, those charged or convicted with certain qualifying crimes may file a petition with the state to have access to their records restricted. This is sometimes known as "expungement."
The outcome of a petition depends greatly on the specifics of each case. Generally speaking, it's much easier to restrict records for those who have a single conviction or a small number of relatively low-level offenses in their history. It's much more difficult for those who have multiple offenses or more serious offenses.
The process can also help people who were arrested on suspicion of a crime but who were never actually charged, or whose convictions were later vacated.
Eligible offenses
The Second Chance law can help restrict records pertaining to many crimes, but some types of crimes are not eligible for expungement.
Those convicted of a misdemeanor can petition to have access restricted for their court files, department of corrections files, motor vehicles department records and other records. Generally, these individuals cannot file a petition for expungement until five years after the date of their conviction.
Those convicted of certain non-violent felony crimes may be able to petition for expungement eight years after their conviction.
Those convicted of certain violent felony crimes may file for expungement 10 years after conviction. However, those convicted of sex crimes or crimes that resulted in serious injury to another person are not eligible.
In all cases, the person filing for expungement must not have been convicted of any crime within the required period.
Learn more
It's important to remember that the Second Chance law can restrict access to criminal records, but does not completely erase them. If you have successfully petitioned to restrict access to your records, you may not have to disclose a previous conviction in some situations, but you will have to do so if under oath.
Those who are looking to put their pasts behind them can speak with experienced professionals about their options under the Second Chance law.]]>On Behalf of Jackson Law Officehttps://www.jasonjacksonlaw.com/?p=481912023-11-14T21:06:46Z2023-11-09T19:51:24Zremains illegal under federal law, but the federal government has started to loosen its stance on the issue. In 2022, the House of Representatives passed a decriminalization bill, although a similar bill failed to pass the Senate. Meanwhile, the Biden administration began pardoning all those who were convicted of simple marijuana possession under federal law and asked governors to do the same for those convicted of similar crimes under state laws.
What about Indiana?
It's important to note that Indiana has not loosened its marijuana laws to any significant degree.
Under our state law, possession of any amount of marijuana is treated as a criminal offense. There is no exception for marijuana used for medical purposes. CBD products are legal only so long as they contain less than 0.3% THC.
Penalties
The penalties that come with a conviction on marijuana possession charges under Indiana law can be harsh.
Possession of any amount is treated as a misdemeanor with a jail sentence of up to 180 days and a fine of up to $1,000. If the amount was less than 30 grams and the defendant has a prior drug offense on their record, the jail sentence can be up to a year and the fine can be up to $5,000. If the defendant has a prior drug offense on their record and is found with 30 grams or more, the charge is treated as a felony, with a sentence of up to two-and-a-half years and a fine of up to $10,000.
Penalties are severe for cultivation and sale. Those convicted of selling less than 30 grams can be jailed up to one year and fined up to $5,000. Those convicted of selling between 30 grams and 10 pounds can face a sentence of up to two-and-a-half years. Selling 10 pounds or more can mean imprisonment of up to six years and a fine of up to $10,000. That same penalty applies for convictions of selling any amount to a minor.
It's also worth remembering that conviction on any of these charges also comes with a suspension of the defendant's driver's license.
Defending against marijuana charges
Given the marijuana laws in other states, it's easy to see how people might be confused about Indiana's laws. Some people might simply drive across state lines and find that what was legal across the border comes with harsh penalties in Indiana.
Those accused of drug crimes deserve a defense, and they need the strongest one they can find.]]>On Behalf of Jackson Law Officehttps://www.jasonjacksonlaw.com/?p=481902023-11-02T18:39:07Z2023-10-16T18:31:10Zvary in severity depending on the circumstances and how many prior convictions the driver has. For example, a first offense will result in a fine of as much as $5,000; the need to pay court costs for more than $300; the possibility of a year in jail; and a driver’s license suspension of up to two years.
What people also need to understand is there are other factors that can significantly increase the consequences. Knowing what might the ramifications worse is essential when trying to fight the charges.
Know what can worsen DUI penalties
There are instances that will result in harsher penalties. If a driver has more than one conviction, the penalties will increase for every subsequent time they are charged and convicted. In addition, other issues can make the case worse. That includes a DUI with a passenger under the age of 18.
For a second offense, the jail time can be from five days to three years. In addition or in lieu of that, there could be a requirement to perform community service. The fine can increase to as much as $10,000. The driver’s license suspension will be for at least six months and up to two years.
A third offense will result in at least 10 days in jail or up to three years with the possibility of community service. The fine will be the same as for a second offense. The license suspension will be for a minimum of one year and up to 10 years. The driver could be categorized as a habitual traffic violator and a habitual substance offender. This designation is important because it can severely lengthen the prison sentence from one to eight years.
Having a person younger than 18 in the vehicle at the time of the arrest also extends the possible penalties. It will rise to a Level 6 felony if they were previously convicted of DUI within seven years of the latest arrest or they were at least 21 and had a person under 18 in the vehicle.
DUI convictions can cause extensive problems
The above punishments for DUI can negatively impact a person’s life in myriad ways. They can lose their right to drive a vehicle, be incarcerated and need to pay major fines. It is also an issue in other circumstances. DUIs will lead to raised insurance rates and the possibility of an ignition interlock device being placed on the driver’s vehicle. It can hinder attempts to get certain types of employment or lead to a person losing the job they already have.
Given the challenges that accompany any DUI, it is vital to know the options to forge a viable criminal defense. Some might think there is little they can do to secure an acquittal or have the charges reduced. However, there could be problems with the evidence or the option available to receive treatment in lieu of punishment. Having help can assuage fears and search for effective solutions.
]]>On Behalf of Jackson Law Officehttps://www.jasonjacksonlaw.com/?p=481702023-08-11T10:29:40Z2023-08-18T10:27:26ZUnderstanding theft and if it is a misdemeanor or a felony
According to Indiana law, theft is when a person takes control of another person’s property without authorization to do so. In general, it starts as a Class A misdemeanor. The crime itself and the value of the property will dictate how the case is charged.
It will be a Level 6 felony if the property is valued between $750 and less than $50,000. It will also be a Level 6 felony if the item stolen is a motor vehicle or a component of a motor vehicle. Those who have a past conviction for theft, robbery or burglary will also be charged with a Level 6 felony.
Property that is valued at a minimum of $50,000 will result in a Level 5 felony if it is also related to transportation safety, public safety or is taken from a critical infrastructure facility, public utility, telecommunications provider, health care facility or hospital. This applies if a motor vehicle or component was taken. A person who steals a firearm will face a Level 5 felony. Regarding the property valuation, it hinges on its fair market value.
Evidence is the linchpin for any criminal charge
It is also crucial to understand what evidence law enforcement and prosecutors might use to prove that theft took place. If there is a clear indicator that it is on display for sale, then this shows that it is owned by someone and taking it without paying for it or authorization will be a crime.
The person accused of theft might have altered the price tag or other identifier; they could have transferred it from its packaging to reduce its price or taken it without paying for it. Concealing property and removing it from the place of business where it was for sale is also considered evidence of theft.
The penalties for theft can be severe and fighting the charges is imperative
Anyone can be accused of theft. It is not simply a crime that young people take part in through shoplifting, auto theft, as some form of a social media “challenge” or taking other items that do not belong to them. It can happen to anyone whether it is one alleged incident or a series of them.
Because these crimes and the penalties can vary and people’s freedom and reputation can be negatively affected because of it, it is essential to know how the system works. That includes having a full explanation as to what the charges mean, assuaging unfounded beliefs about the legal system and having local advice that is familiar with the area, the courthouse workers and knows how to move forward with an effective criminal defense.
There are viable alternatives to fight criminal charges. The evidence could be flawed, the person might have an alibi, there could be a reasonable explanation for what happened or there could be plea bargains available to reduce or dismiss the charges. From the outset, it is wise to know the available avenues and to take the necessary steps to address the charges as soon as possible.
]]>On Behalf of Jackson Law Officehttps://www.jasonjacksonlaw.com/?p=481262023-07-26T20:42:47Z2023-08-09T13:20:46Zcourt of jurisdiction in Indiana.
Who can get their record expunged?
In Indiana, only some criminal convictions may be expunged. An expungement is a legal process in which the person asks the court (or other relevant agencies) to seal their records.
After the expungement has been granted, the officially accepted petition and the written order granting the petition is sent to the Indiana State Police Expungement Section by the local court to be processed. If you do not have all of the necessary paperwork, there may be a delay in the processing of the expungement. Once the State Police receive the proper documents, they will be processed, reviewed and the State Police Expungement Section will comply with the request.
However, it is important to understand that if you manage to get your record expunged, it doesn't necessarily mean that your entire criminal record goes away. Expungement just seals the criminal history from the public and labels it as, "expunged."
Expungement can help your chances for employment, obtaining a license, buying a house and getting a loan from a bank. On the other hand, you will still technically have a criminal record that can be counted against you if you are charged with a crime in the future.
Can I go through the expungement process?
The expungement process is not always simple. If you have arrests, charges or convictions in various Indiana counties, you are responsible to file an expungement petition in each county individually. There is a waiting period after a conviction before you can file a petition for expungement.
There are some offenses that cannot be expunged, such as sex or violent offenses. Those include the following convictions:
Murder
Voluntary manslaughter
Involuntary manslaughter
Child molestation
Rape
Child exploitation
Vicarious sexual gratification
Child solicitation
Child seduction
Sexual misconduct with a minor
Incest
Sexual battery
Kidnapping
Criminal confinement of a minor
Possession of child pornography
Promoting prostitution
Human trafficking
Official misconduct
A felony that resulted in the death of another person
Unlawful use of a deadly weapon
It is also important to understand that Indiana views non-conviction records differently from those that resulted in a conviction. Non-conviction records include arrests, charges and juvenile delinquency adjudications. After one year, you are allowed to file a petition to have your criminal record expunged if you were arrested but not convicted of a crime or if you were convicted but the conviction was later vacated.
Your criminal record may continue to hurt you
If you have a criminal record and it remains as is, it may continue to hurt you even though you have paid fines and/or served time. If someone does a background check on you, the criminal record will come up. This could prevent you from getting a job or obtaining a license. In Indiana, you may be able to get your record expunged so that the public is not able to see it, which would give you a better chance at a good life going forward.]]>On Behalf of Jackson Law Officehttps://www.jasonjacksonlaw.com/?p=481212023-07-13T15:50:56Z2023-07-12T19:48:20ZPositive drug or alcohol tests at work
In general, if you test positive for drug or alcohol use at work, your employer is not legally obligated to report the violation to the police. In fact, in some circumstances doing so could break the law, as workers have a constitutional expectation of privacy in certain situations. While employers can sometimes report the violation to the Bureau of Motor Vehicles or the Department of Workforce Development, they might not necessarily report the violation to the police.
What about those on probation?
There is a possible exception for those who are on probation for a criminal offense. If you are on probation in Indiana you are required to hold down a job, be in school or training for a job or be in active search of a job. Also, you are prohibited from using drugs or alcohol while on probation, unless they are prescribed to you.
Those on probation in Indiana may be subject to random drug and alcohol testing. Refusing to submit to a test or testing positive violates the terms of probation. You may be fined, have your driver’s license suspended, be put on home detention, the terms of your probation could be modified or your probation could be revoked meaning you might have to return to jail.
So, what does this mean if you test positive for drugs or alcohol at work? Well, your probation officer is permitted to visit you during reasonable work hours. If your probation officer visits your workplace and finds that at the time of the visit you have drugs or alcohol in your system, this might be considered a violation of the terms of probation.
Ultimately, your employer might not report a positive drug or alcohol test to the police. However, if you are on probation and your probation officer visits your workplace and finds you high or intoxicated, you might be in violation of the terms of probation, with all the consequences that follow.]]>On Behalf of Jackson Law Officehttps://www.jasonjacksonlaw.com/?p=481202023-05-19T19:26:27Z2023-05-04T19:22:55Zpenalties for a Class A misdemeanor are greater than a Class C misdemeanor even if it is your first OWI.
Financial penalties
Getting an OWI can be a major hit to your pocketbook. If your BAC was at or above 0.08% but less than 0.15%, you can face a fine of up to $500. If your BAC was 0.15% or greater, that fine jumps up to as much as $5,000.
In addition, the court fees and costs associated with processing an OWI can cost $300 or more.
Moreover, you may be legally required to carry SR22 insurance before you can begin driving again after getting an OWI. SR22 insurance is not a separate policy. Instead, it is an endorsement that shows you meet the minimum coverage required by the state. Still, SR22 insurance can cost as much as 70% more than standard motor vehicle insurance making it a very costly consequence of an OWI.
Penalties on your time
You might think a first-time OWI is simply a slap on the wrist, but this is not true in Indiana. Your first OWI can land you in jail for 30 to 60 days if your BAC was at or above 0.08, but less than 0.15. If your BAC was 0.15% or greater, that jail sentence ratchets up to one year.
Even if you are not jailed for your first OWI, your time will still be compromised due to other possible requirements of your sentence. There is the possibility that you will be placed on probation. You may need to complete a substance abuse course at your own cost. You might also have to attend a victim impact panel. Finally, there is the possibility that you will have to regularly submit to drug and alcohol testing.
Driving penalties
If you get an OWI, you may be subject to a two-year driver’s license suspension. It is also possible that the court will order you to have an ignition interlock device (IID) installed on your vehicle.
Collateral consequences
There are also consequences for getting an OWI that are imposed by society, not the courts.
For example, if you get an OWI, even if it is your first one, it will show up on a criminal background check. Potential employers, landlords and other members of the public have the right to perform a background check before offering you a job or housing. With an OWI on your record, you could have trouble gaining employment or finding a place to live.
Moreover, even if you had a good job prior to getting an OWI, your OWI could put that job in jeopardy. If your job involves driving, and your license is suspended due to OWI, you may be let go for not being able to perform your main job duties. If you have a professional license and you get an OWI, that license can be suspended.
Having an OWI on your record can disqualify you from certain benefits. For example, you might be ineligible for federal student loans if there is an OWI on your record. In addition, having an OWI on your record might make it more difficult to qualify for public housing.
Take your OWI charges seriously
The penalties for a first-time OWI are harsh in Indiana. Moreover, if there are exigent circumstances, such as getting an OWI with a minor in the vehicle or getting into a drunk driving crash that causes injury or death, you can expect to face felony charges and enhanced penalties for a conviction, even if it is your first OWI.
So, you will want to take your OWI charge seriously, rather than assuming that because it is a one-time mistake there will not be any significant consequences.]]>