Sallee Law, LLCIndianapolis Criminal Defense Attorney | DUI Drugs Crimes Lawyer 2024-03-14T12:34:34Zhttps://www.toddsalleelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1601836/2020/11/cropped-sallee-2017-06-19-10-01-11-1-32x32.jpgOn Behalf of Sallee Law, LLChttps://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, LLChttps://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, LLChttps://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, LLChttps://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, LLChttps://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.]]>On Behalf of Sallee Law, LLChttps://www.toddsalleelaw.com/?p=477812023-06-07T04:25:13Z2023-06-07T04:25:13ZCase progression in your absence
If you are unable to attend legal proceedings due to your medical condition, your DUI case will not come to a halt. The Indiana court system can proceed with the case in your absence. A designated representative can represent you and make necessary decisions on your behalf.
Designated representative's role
A designated representative can be a trusted family member or friend who will work in your best interest. This individual will work with investigators, handle communication with the other party involved in the accident and meet essential deadlines. They can also represent you in court if required.
Potential compensation and responsibility
If you were not at fault in the accident, your representative can pursue compensation for your injuries, property damage and other losses. This process involves negotiations with the at-fault party's insurance company or potentially, a lawsuit.
However, if investigations indicate that you were driving under the influence, you may face criminal charges even if you are in critical condition. The state of Indiana treats DUI offenses seriously, and potential penalties can include fines, loss of driving privileges and even incarceration.
Being in a critical medical condition following a DUI accident in Indiana does not halt the legal process associated with the accident. It is important to know that through a designated representative, your case can proceed.]]>On Behalf of Sallee Law, LLChttps://www.toddsalleelaw.com/?p=477802023-05-02T17:44:40Z2023-05-02T17:44:40ZWhat separates sealing a record from an expungement?
Expungement means all files relating to a crime are permanently destroyed. This includes documents from arresting officers, probation officers and prosecutors. Sealing a case means the information will be under lock and key. In either scenario, you earn the right to deny the charges in most circumstances.
What are the requirements for sealing a record or an expungement?
Only individuals who plead guilty or no contest are eligible to seal their records. The type of crime you have on your record also plays a role, as not all offenses qualify.
To receive an expungement, you must have no prior convictions. Also, dismissal of the charges is a prerequisite. This can come in the form of a prosecutor dropping the case, a judge granting a motion to dismiss or winning an acquittal at trial. Additionally, expungement is possible with cases sealed for at least a decade.
Note that the specifics surrounding expungement and record sealing differ in every state.
There is no reason to live the rest of your years with a conviction following you around. Putting an unfortunate event in the past is possible through courtroom relief.]]>On Behalf of Sallee Law, LLChttps://www.toddsalleelaw.com/?p=477002023-03-24T19:34:07Z2023-03-24T19:34:07ZBAC of .08. It does not take much to trigger a false-positive. See below for three things that interfere with breath test results.
1. Prescription and over-the-counter medications
Asthma medications such as albuterol, salmeterol and budesonide may interfere with breath tests, leading to overestimating blood alcohol concentration (BAC). Over-the-counter medicines like Nyquil and certain Vicks products contain alcohol, which can cause inaccurate readings.
2. Local anesthetics and mouthwashes
Anbesol, a local anesthetic used to help toothaches and canker sores, can lead to false-positive breath tests. Moreover, some mouthwashes and breath sprays have high alcohol content, which can skew the results of breath tests if used recently.
3. Acid reflux and high ketone levels
Acid reflux, where stomach contents enter the esophagus, can cause a small amount of alcohol to enter the mouth and affect breath test results. Legal amounts of alcohol in the system might trigger a positive result. Additionally, people with diabetes may produce high levels of ketones. Ketones cause acetone in the breath and impact BAC readings.
Several factors can affect the accuracy of breath tests. It is crucial to be aware of these factors and avoid them before taking the test. Consulting a physician before using medications or inhalers can help determine their effect on breath tests. Waiting for a while after using mouthwash, breath spray or consuming any alcoholic drinks can also help obtain accurate breath test results.]]>On Behalf of Sallee Law, LLChttps://www.toddsalleelaw.com/?p=476012023-03-22T19:00:55Z2023-03-22T19:00:55ZTwo minor offenses require a safety course enrollment
Indiana uses a point system for traffic violations. The values range from one to 10, with 10 being the most severe crimes. According to the Indiana Bureau of Motor Vehicles, you may take a Driver Safety Program (DSP) course and remove four points from your record. However, you can only remove points every three years.
If you commit two traffic violations in one year, Indiana requires you to take a DSP course. Anyone under 21 with two violations must complete a DSP. Failure to complete a course within 90 days of a second violation will result in a suspended license.
Three major offenses might result in a 10-year suspension
The court may suspend your driver's license if you accumulate too many traffic violations within a certain period. The length of the suspension depends on the number and severity of the violations. According to the Indiana Bureau of Motor Vehicles, three major offenses in 10 years will result in a 10-year license suspension.
You may face even more severe penalties if you continue to accumulate traffic violations after license reinstatement. Causing injury or death might result in a permanent loss of your license. This severe consequence can significantly impact your life, making getting to work, school or other essential appointments challenging.
Ultimately, being a responsible driver is the key to avoiding penalties for repeated traffic violations. By obeying traffic laws and driving safely, you can protect yourself and others on the road and avoid the potential consequences of repeated traffic violations.]]>On Behalf of Sallee Law, LLChttps://www.toddsalleelaw.com/?p=475952022-12-28T19:53:36Z2022-12-28T19:53:36ZIN.gov, employers can fire employees at will, with some exceptions.
However, nothing is ever black and white regarding employment rights. For example, the Americans with Disabilities Act (ADA) has a provision for recovering drug abusers and alcoholics.
ADA protections
Under Title I of the ADA, if you have a history of substance abuse and went through rehabilitation, your employer cannot discriminate against you. This includes former drug users who are in the process of rehabilitation. The federal government considers certain drug addictions a disability if they cause substantial impairment. Casual drug use is not a protected status, though. So, if you have an arrest on your record but cannot demonstrate any rehabilitative treatment, you may not have protection under the ADA.
Limits to ADA protections
Current drug users have no protection under the ADA. Additionally, enrolling in a rehabilitation program after you break the company rules does not protect you from termination. The ADA explicitly states that employees cannot claim rehabilitation immediately after an arrest or failed drug test.
Sealed or restricted records
Indiana employers cannot ask if you have a sealed or restricted criminal record. You do not have to list any convictions under restricted access during the application process. If your company fires you after a background check, you might have an opportunity to file a civil suit.
Even though Indiana is a no-cause state, you still have federal and state protections. Drug arrests might count against your employment, but your employer does not have the right to fire you under every circumstance.]]>