Sallee Law, LLCIndianapolis Criminal Defense Attorney | DUI Drugs Crimes Lawyer2026-06-22T15:41:50Zhttps://www.toddsalleelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604676/2024/07/cropped-Sallee-Site-Icon2-c-32x32.pngOn Behalf of Sallee Law, LLC<![CDATA[When can the police pull you over in Indiana? Your traffic stop rights explained]]>https://www.toddsalleelaw.com/?p=486142026-06-22T15:41:50Z2026-06-22T15:41:50Zthe Fourth Amendment and the Indiana Constitution, a traffic stop counts as a legal "seizure", meaning officers need a valid reason to pull you over.
The legal standard: reasonable suspicion and pretext
Officers need more than a gut feeling to stop your vehicle. They must point to specific, observable facts suggesting a traffic violation or criminal offense. Common examples include:
Equipment infractions: Driving at night without functioning headlights or displaying an obscured license plate
It is entirely legal for an officer to execute a pretextual stop, that is, using a minor technical infraction (like a broken license plate light) as the legal basis to pull you over and investigate a separate suspicion.
What you must do
Once pulled over, the driver faces strict statutory obligations. Indiana enforces a mandatory "Stop and Identify" law: if stopped for an infraction or ordinance violation, you must show a valid driver’s license (or verbally provide your full name, address, and date of birth). You must also supply your vehicle registration and valid proof of insurance. Refusing to provide your identification during a lawful stop is a Class C misdemeanor.
What you can skip
Your constitutional rights stay fully intact during a traffic stop:
Investigative questions: You are under no legal obligation to answer investigative questions like "Where are you coming from?" You can politely decline
Vehicle searches: If an officer has no warrant or probable cause, they need your permission to search your vehicle. You have the right to refuse by saying, "I do not consent to a search"
Reviewing the statutory protections against unlawful traffic stops in Indiana is an indispensable first step toward protecting your record. If a criminal defense attorney proves the officer acted on a mere hunch, the judge can suppress all gathered evidence under the "fruit of the poisonous tree" doctrine, which could lead to a total dismissal of your charges.]]>On Behalf of Sallee Law, LLC<![CDATA[Should you refuse a breathalyzer test in Indiana?]]>https://www.toddsalleelaw.com/?p=486132026-06-13T02:03:02Z2026-06-13T02:03:02ZImplied Consent Law, driving on state roads means you have already agreed to take a certified chemical test if an officer has probable cause to believe you are impaired. However, Indiana recognizes two very different types of breath tests, and knowing the difference matters.
The portable roadside test (PBT)
The small handheld device an officer asks you to blow into on the roadside is a Preliminary Breath Test (PBT). Officers use it only to build probable cause for an arrest. Courts generally do not admit its specific BAC result as evidence of guilt.
You have the legal right to refuse a PBT, as well as field sobriety tests like the walk-and-turn or one-leg stand. Refusing a PBT does not violate Indiana's Implied Consent Law, does not carry criminal penalties, and does not trigger an automatic license suspension.
The certified chemical test: refusal has serious consequences
If the officer arrests you, everything changes. At the station, the officer reads you the Indiana Implied Consent Warning and offers a certified chemical test — typically using an Intoximeter EC/IR II machine or a blood draw.
Refusing this test carries mandatory penalties:
One-year license suspension for a first offense, rising to two years with a prior OWI conviction.
No specialized driving privilege, that is, a refusal suspension that makes you completely ineligible for a hardship license to drive to work, school, or medical appointments.
Possible forced blood draw. Prosecutors can quickly obtain a search warrant and legally compel a blood draw without your consent.
Knowing these penalties upfront can help you make a better decision in a high-pressure moment.
How refusal affects your criminal case
Refusing the certified test does not prevent the state from prosecuting you. Prosecutors can present your refusal to a jury as evidence that you knew you were intoxicated.
If you do take the test, a skilled defense attorney can challenge its results, by reviewing the machine's calibration records, the operator's certification, and whether officers followed the required 15-minute observation period.]]>On Behalf of Sallee Law, LLC<![CDATA[Sex offender registration in Indiana: What do I need to know?]]>https://www.toddsalleelaw.com/?p=485352026-03-04T20:15:36Z2025-02-20T21:31:04ZWhat qualifies as a sex offender in Indiana and when can I get off the sex offender registry?
Indiana law recognizes five types of offenders:
Sexually violent predators
Offenders against children
Serious sex offenders
Sex offenders
Violent offenders
There are generally two registration options. Most must register for ten years but “sexually violent predators” must generally register for life.
When do I have to disclose that I am on the sex offender registry?
Registered sex offenders in Indiana must disclose their status under specific circumstances. Those seeking employment, especially positions involving contact with children, must generally disclose this status. The law also requires disclosure during any law enforcement interactions.
Disclosure is also required upon any change of address or employment.
Can I get off the sex offender registry?
Expungement or removal from the registry might be an option after the required period if the offender has not committed further offenses and complies with all registration requirements.
What are the consequences for repeat offenders?
For repeat offenders, Indiana law imposes stricter consequences including the potential for lifetime registry.
The sex offender registry in Indiana restricts certain aspects of social interaction and can impact employment opportunities. Understanding your rights and obligations under Indiana law can help mitigate the registry's impact on your life. Compliance is crucial, as is legal counsel from qualified professionals who can offer guidance based on your specific circumstances. The best way to avoid the impact of registration on the sex offender list is to build a strong defense to the allegations of a sex offense.]]>On Behalf of Sallee Law, LLC<![CDATA[What should you do if the police knock on the door?]]>https://www.toddsalleelaw.com/?p=479362024-05-29T00:20:48Z2024-05-29T00:20:48ZDetermine the purpose of the visit
Before you answer any questions or get into conversation, ask the officers about the reason for their presence. Are they conducting an investigation into a criminal matter? Do they wish to interrogate you regarding a specific issue? As a citizen, you have a right to know about the nature of their visit. Keep in mind that, if the officers indicate that they just want to ask you a few questions, you are under no legal obligation to do so.
Verify any warrants
If the officers claim that they have a warrant, you should always request a physical copy for your examination. A legitimate warrant should bear the signature of a presiding judge, clearly state your address and outline the specific scope and limitations of any intended search. Without a valid warrant, you have the right to refuse them entry to your home.
Assert your right to legal counsel
If the officers wish to question you, it is in your best interest to invoke your constitutional right to legal representation. Inform the officers that you will refrain from answering any questions without the guidance of an attorney. Exercise your right to remain silent until your legal counsel arrives. Remember that any statements you make can become incriminating evidence against you in future legal proceedings.
When caught off guard by an unexpected police encounter, you can easily make costly errors in your interaction. Know and exercise your rights if you find yourself in this position.]]>On Behalf of Sallee Law, LLC<![CDATA[What felony recidivism rates might mean for you]]>https://www.toddsalleelaw.com/?p=479282024-03-27T14:58:23Z2024-03-27T14:58:23ZAcknowledging the stacked odds
Once someone enters the prison system, the odds feel stacked against them. The latest data from the Indiana Department of Corrections shows that 29.3% of individuals released in 2019 returned to the IDOC for the commission of a new crime by 2022. This illustrates a cycle of recidivism that is not only detrimental to the individuals involved but also to society as a whole.
The reasons behind this revolving door are many. Some individuals lack the necessary support systems to successfully reintegrate into society upon release. Limited access to education, employment opportunities and stable housing often push them back into dire circumstances. Additionally, the stigma associated with having a criminal record makes it challenging for individuals to break free from their past mistakes.
Choosing defense
Given the harsh realities of the prison system, prioritizing defense becomes necessary in avoiding seemingly endless incarceration. Defense attorneys understand the complexities of the legal system. The right defense team spares no effort in advocating for their client's rights. The right legal guidance can also make it possible to explore alternative sentencing options or rehabilitation programs.
Indiana's current recidivism rate of nearly one in three shows that building a strong defense in the first place may be the only way to avoid the revolving door of incarceration. For those facing felony charges, it is important to not underestimate the consequences that might wait on the other side of a conviction.]]>On Behalf of Sallee Law, LLC<![CDATA[A concerning trend in the police use of private videos]]>https://www.toddsalleelaw.com/?p=478272024-01-29T20:25:25Z2024-01-29T20:25:25ZPlans to increase surveillance
Major cities are initiating “Real-Time Crime Centers” for their policing work. These centers take a step beyond the traditional crimefighting tasks and add innovative resources to apprehend and prosecute alleged criminals.
Key technologies include not only public surveillance video but also footage from the devices of private citizens and companies. These centers can facilitate accessing recordings from cameras on doorbells, self-driving cars and drones.
Interestingly, the Electronic Frontier Foundation finds that police forces in some areas are already getting more footage from private cameras than public ones. A contributing reason is that device owners can specifically grant law enforcement programs easy access. In some cases, live streams are also possible.
Specific concerns for citizens' rights
The primary concern is that law enforcement can request privately made recordings from third-party companies that store videos on their cloud servers. Police no longer have to request such evidence from an individual device owner. Therefore, questions about unreasonable search and seizure may arise, especially if law enforcement seeks to access information from a defendant’s own devices.
Furthermore, police will use the footage alongside other technology that could prove problematic. For example, facial recognition and gunshot detection software might provide misleading data about what actually happened on a scene or who was there. Naturally, members of minorities and marginalized groups wonder if such resources will have disproportionate use in their communities.
Advocacy organizations are bringing these concerns to the fore, but the outcome of their protests remains up in the air. In the meantime, defendants in legal cases will have tough decisions to make about challenging the legality of such recordings or providing evidence to support their arguments.]]>On Behalf of Sallee Law, LLC<![CDATA[What is the most common drug crime in Indianapolis?]]>https://www.toddsalleelaw.com/?p=478022023-12-19T19:20:16Z2023-12-19T19:20:16ZPossession offenses
In Indianapolis, drug possession tops the charts as the prevailing drug crime. Authorities frequently find individuals with illegal substances on their person. This offense encompasses various drugs, from marijuana to more potent substances like cocaine or methamphetamine.
Marijuana possession
The Recovery Centers of America reports that marijuana is the most commonly abused drug in Indiana. Possession of even small amounts of marijuana can lead to legal repercussions in Indianapolis. Law enforcement consistently encounters individuals facing charges related to this widely used substance.
Law enforcement strategies
Indianapolis law enforcement employs various strategies to curb drug possession crimes. Routine patrols, surveillance and community engagement initiatives are integral components of their efforts. However, as drug trends evolve, so do law enforcement approaches to stay ahead of the curve.
Community awareness
To address the root causes of drug possession offenses, community awareness programs play a pivotal role. These initiatives aim to educate residents about the risks associated with drug use and possession. The goal is to foster a sense of responsibility and collective effort to create a safer city.
Drug possession charges constitute the most common drug crime in Indianapolis. Marijuana remains the most commonly abused drug in Indiana. However, other illegal substances remain a serious threat as well. Understanding the prevalence of this offense is important for everyday citizens as well as those accused of drug-related crimes.]]>On Behalf of Sallee Law, LLC<![CDATA[What are some common circumstances that make a DUI worse?]]>https://www.toddsalleelaw.com/?p=478012023-10-26T17:10:25Z2023-10-26T17:10:25ZInjury
One of the most severe consequences of a DUI is the potential for injury. When an intoxicated driver causes harm to themselves or others, the legal repercussions become far more severe.
In the eyes of the law, the act of driving under the influence transforms from a dangerous choice to a criminal act with tangible consequences. In 2019, 10,142 Americans died due to vehicle accidents that involved alcohol.
Large property damage
DUI incidents often involve collisions, and when these collisions result in substantial property damage, the situation becomes more complex. Whether it is a residential fence, a storefront or another vehicle, the extent of damage caused by an impaired driver can significantly influence the legal repercussions they face.
Presence of children
The presence of children in a vehicle during a DUI can be a game-changer. It not only endangers the lives of innocent passengers but also influences the legal consequences for the driver. Courts typically view driving under the influence with minors on board as an egregious act, warranting more severe penalties.
High blood alcohol concentration
While any level of intoxication is illegal while driving, an exceptionally high blood alcohol concentration can further worsen a DUI case. Courts often impose stricter penalties on individuals with these levels significantly above the legal limit, as it indicates a heightened level of impairment and a blatant disregard for public safety.
A DUI charge is not a one-size-fits-all offense. Understanding these factors is important for promoting safe driving habits, as well as protecting lives and preserving the well-being of communities.]]>On Behalf of Sallee Law, LLC<![CDATA[How long does a misdemeanor stay on your record?]]>https://www.toddsalleelaw.com/?p=477992023-08-31T19:24:41Z2023-08-31T19:24:41ZDuration of misdemeanor records
In Indiana, how long a misdemeanor remains on your record depends on the classification of the crime. There are three main classes of misdemeanors in the state:
Class A Misdemeanors: These are the most serious misdemeanors and can stay on your record for up to five years. Examples of Class A misdemeanors include criminal mischief and certain drug possession offenses.
Class B Misdemeanors: The record of a Class B misdemeanor is eligible for expungement after two years. Class B misdemeanors include offenses such as public intoxication and possession of drug paraphernalia.
Class C Misdemeanors: Class C misdemeanors are eligible for expungement after just one year. These include less severe offenses such as trespassing and simple assault.
Expungement brings a fresh start
Expungement is the process of sealing a person's criminal record, allowing them a fresh start without the burden of past misdemeanor offenses. Not all misdemeanors are eligible for expungement, and you must meet certain conditions to qualify.
Research suggests that misdemeanors comprise approximately 80% of all arrests in the United States. Many people live with the consequences of misdemeanor offenses, whether as a result of a lapse in judgment or a wrongful conviction. By understanding when you can clear a misdemeanor from your record, you can prepare to move on with a clean slate.]]>On Behalf of Sallee Law, LLC<![CDATA[What makes a felony worse than a misdemeanor?]]>https://www.toddsalleelaw.com/?p=477832023-07-11T18:48:48Z2023-07-11T18:48:48ZSeverity of crimes
Misdemeanors are relatively minor crimes. Felonies include crimes like:
Murder
Manslaughter
Sexual assault
Auto theft
Trafficking, selling or transporting controlled substances
Fraud
There are more, but these are the major felonies in Indiana.
Prior offenses
When a person has more than one felony conviction, it does not matter if the felonies are different. You could receive a longer, more severe sentence if you are a habitual offender. The courts can attach the highest, most severe sentence on the felony they enhance under current Indiana habitual offender laws.
Sentencing differences
There are sentencing differences between misdemeanors and felonies. A misdemeanor usually carries a sentence of under one year. Felonies are usually over one year.
Each of the classes of a felony has different sentencing.
Level 1 carries a term of twenty to forty years. This excludes capital offenses such as murder and habitual serious offenses which can carry the death penalty.
Level 2 carries a term of ten to thirty years.
Level 3 carries a term of three to sixteen years.
Level 4 carries a term of two to twelve years.
Level 5 carries a term of one to six years.
Level 6 carries a term of six months to two and one-half years.
All of these carry a fine of at least $10,000.
The courts can modify sentences or offer a plea for a lesser sentence depending on the circumstances.]]>