Identity deception is a serious offense in Indiana, and understanding the legal framework is essential for anyone facing such charges. This blog provides an overview of identity deception under Indiana law, discusses potential penalties, outlines common defenses, and summarizes relevant case law to ...

If you have been recently arrested or charged with criminal trespass in Indiana, understanding the law, potential penalties, and possible defenses is crucial. This blog provides a detailed overview of the trespass statute, discusses relevant case law, and offers practical advice for those facing ...

If you have a past conviction for domestic violence and are looking to restore your firearm rights for activities like hunting or personal protection, understanding Indiana’s legal framework is crucial. Expungement in Indiana can restore many of your civil rights, but there are specific provisions ...

If you're arrested in Spencer, Indiana, one of your top priorities should be posting bond and getting out of jail. However, this can be challenging if you cannot afford the set bond amount. That's where an experienced Spencer criminal defense attorney can make a significant difference. Indiana law ...

Facing your first arrest can be overwhelming, but in Spencer, Indiana, having the right criminal defense attorney familiar with Owen County local court procedures can make a world of difference. Owen County courts follow specific rules when it comes to evidence exchange. Within 21 days of your ...

An Indiana woman was pulled over by Indianapolis police and subjected to field sobriety tests, which she failed. Following this, the officer administered a breathalyzer test without requiring her to remove her tongue ring, despite noticing it. The woman's breath test result exceeded the legal ...

Greene County Sheriff’s Detectives executed a search warrant at a home in Newberry, Indiana. When officers arrived, the homeowner had four guests, two male and two female. Police officers found a purse in the living room. The officer searched the purse without knowing to whom it belonged. The owner ...

Officers in Bloomington were on the lookout for an individual unrelated to the defendant. In their search, they encountered a long driveway blocked by a cable, accompanied by a clear “No Trespassing” sign. Ignoring these indicators, the officers removed the cable and proceeded. When officers got ...

An Indiana man’s convictions for operating while intoxicated, possession of paraphernalia, and possession of methamphetamines were dismissed after the court found that he was not required to use a turn signal to exit a roundabout. The man had entered a three-exit roundabout and exited without ...

The COVID-19 outbreak has forced courts to adapt to a health crisis while attempting to keep the justice system moving. Indiana Governor Eric Holcomb has enacted a detailed plan for businesses to open that includes social distancing and safety measures. The Indiana Supreme Court has provided some ...

When students at Indiana colleges were sent home due to the COVID-19 outbreak, many were left making months of lease payments for an apartment they couldn’t use. Purdue President Mitch Daniels has released a plan for students to return to the West Lafayette campus in the Fall semester. IU and Ball ...

The COVID-19 outbreak has resulted in public safety shutdowns and calls for social distancing. In addition to businesses and schools, non-profit agencies are also required to follow government guidelines for public safety. So, what is a person supposed to do if he or she was ordered to complete ...

If you have a family member or loved one incarcerated in Indiana, it is a scary time. Infectious disease can spread through a jail or prison rapidly, placing inmates’ health at risk. The novel coronavirus creates a particularly dangerous situation due to its highly contagious nature. Social ...

The coronavirus pandemic has wreaked havoc on our health and economy. The coming months are filled with uncertainty as thousands of workers have lost jobs and many small businesses are under extreme duress. When we get to the other side of this crisis, the job market may be very tight. That is why ...

If you have been arrested for Operating While Intoxicated (OWI) in Tippecanoe County during the coronavirus outbreak, you may be able to resolve your case without attending court. With travel bans and orders for social distancing, Tippecanoe judges have adopted new rules to keep courts running and ...

Most students at Purdue, Indiana, and Ball State have left campus and switched to remote instruction due to the COVID-19 outbreak. While classes may be accessible on-line, students with pending criminal cases may be subject to court orders to appear for hearings, complete probation terms, or report ...

An Indiana man’s OWI conviction was reversed because the judge improperly instructed the jury to ignore the fact that he blew 0.069 on a breath test. Many people are shocked to learn that prosecutors can charge people with operating while intoxicated when a person has a breath best below 0.08. ...

Would you like to get your Indiana driver’s license reinstated at a huge discount? Under a new Indiana law, if you owe unpaid tickets, fines or BMV reinstatement fees, you can petition a court to cut the fees in half. To be eligible, the petition must be filed in 2020 and the relief only applies to ...

An Indiana man’s conviction for public intoxication was reversed after the Court of Appeals held that the State failed to prove that he endangered his own life beyond a reasonable doubt. Indianapolis Police had responded to a report of a man staggering on a sidewalk. When officers made contact, ...

Two weeks ago, we welcomed a new Purdue freshmen class at Boiler Bridge Bash and shared some information about what students could expect from the local law enforcement and Purdue disciplinary officials. With tonight’s football opener at Nevada and a holiday weekend, it’s an important time for ...

An Indiana man’s convictions for possession of methamphetamine, a Level 6 felony, possession of marijuana, a Class B misdemeanor, and possession of a controlled substance, a Class A misdemeanor were overturned after the Indiana Court of Appeals determined the drugs admitted at trial were the result ...

An Indiana man’s conviction for leaving the scene of an accident was reversed by the Court of Appeals for insufficient evidence. The officer had observed the man’s vehicle in a ditch. Upon turning around to conduct a traffic stop, the officer observed the vehicle parked in a driveway about 50 yards ...

Police will be active in patrolling for drivers who may be Operating While Intoxicated over the next couple of weeks. Tippecanoe County law enforcement agencies will be participating in the statewide “Drive Sober or Get Pulled Over” campaign. This means more patrols and potentially sobriety ...

The 20 th Annual Gathering of the Juggalos at the Lawrence County Recreation Park in Springville, Indiana expects to bring more than 10,000 Insane Clown Posse fanatics to Southern Indiana for a week of music, parties, and camping. The gathering will also bring an increased police presence to ...

If you face criminal charges in Grant County, Indiana, it can be overwhelming to find the best criminal defense attorney for your case. When choosing a lawyer, it is important to consider the attorney’s experience and familiarity with the local rules. Grant County has established many local rules ...

If you are arrested in Anderson, Indiana your first priority is to post bond and get out of jail. Madison County has a standard felony bond schedule for most offenses. However, if you do not live in Madison County or its contiguous counties (Tipton, Grant, Delaware, Henry, Hancock and Hamilton), or ...

If you arrested in Tipton County, it’s important to retain the best criminal defense attorney for your case. When hiring a lawyer, it is important to consider the attorney’s experience and knowledge of the local court rules, including which court your case will be filed in. Tipton County has one ...

Imagine being the subject of a protection order that was terminated or dismissed, but still seeing your name on a protection order registry or other searchable database? While Indiana law has allowed people to expunge criminal records for some time, prior to July 1, 2019, a person could not expunge ...

When a person is charged with Operating While Intoxicated (OWI) in Indiana, his or her driver’s license is generally ordered suspended at the Initial Hearing. However, a 2019 update to the Specialized Driving Privileges law provides an opportunity for a person to drive for work purposes while the ...

Effective July 1, 2019, Indiana extended the time period to seven years in which a prior operating while intoxicated (OWI) charge elevates a new OWI arrest to a Level 6 felony. Previously, an individual who committed an OWI could be charged with a Level 6 Felony if they had a previous conviction ...

If you face criminal charges in Madison County, it can be overwhelming to find the best Anderson criminal defense attorney for your case. When choosing a lawyer, it is important to consider the attorney’s experience and familiarity with the local rules. Madison County has six circuit courts which ...

Several new criminal laws took effect in Indiana on July 1, 2019, and many others were amended to include additional penalty provisions. Because of the enhanced penalties, it has never been more important to contact an experienced criminal defense attorney if you are arrested.

An Indiana man’s conviction for maintaining a common nuisance has been reversed by the Court of Appeals. Following a traffic stop where drugs were found in the defendant’s vehicle, the State charged him with maintaining a common nuisance, a Level 6 felony. Evidence was presented at trial that his ...

If you have a criminal record in Madison County, Indiana, it’s important to consult with an expungement attorney who knows the local court rules. When a petition for expungement is filed in Madison County, the parties must conduct a pre-trial conference with the deputy prosecutor handling the ...

Beginning July 1, 2019, expungement in Indiana will change for the better for individuals seeking to start over and clear their criminal record. Indiana’s second chance law will be expanded to allow for the expungement of actions related to an arrest, charge, or conviction. Currently, those granted ...

This weekend’s Little 500 is one of Bloomington’s greatest traditions. It’s also patrolled aggressively by local and excise police. In each of 2016 and 2017, more than 150 people were arrested for crimes such as public intoxication, minor consumption, disorderly conduct, and possession of ...

An Anderson, Indiana man’s convictions for possession of marijuana and maintaining a common nuisance were reversed when the Court of Appeals held that the State failed to prove the man had constructive possession of marijuana. The defendant’s friend was stopped for a traffic violation and admitted ...

If you have been arrested for Operating While Intoxicated in Benton County, Indiana, you likely have many questions. What will happen at the Initial Hearing? Will my license be suspended? Could I go to jail? Gibson Law Office attorneys have extensive experience defending OWI – DUI charges in Benton ...

A Kokomo man’s conviction for criminal trespass was reversed after the Indiana Court of Appeals held that a police officer did not have the authority to ban him from a public park on a permanent basis. The man had been gambling at the park when police ordered him to leave and placed him on a no ...

An Indiana woman’s conviction for public intoxication was reversed after the Court of Appeals held that speculation she was about to operate her vehicle while intoxicated was insufficient to prove endangerment. Police officers had contact with the woman during an unrelated investigation. The woman ...

The Court of Appeals reversed a Lafayette, Indiana man’s conviction for possession of a firearm by a serious violent felon, a Level 4 felony. The Court found that police unlawfully searched the man’s apartment after he had been detained outside. Lafayette police had received a report from the man’s ...

Police cannot delay a traffic stop in order to conduct a dog sniff for drugs without reasonable suspicion of criminal activity. The Indiana Court of Appeals has ruled that even a delay of less than two minutes violates the 4th Amendment. In this case, a woman was stopped for speeding by a police ...

When a Purdue student is accused of sexual violence, the University does not provide the student with a copy of the accuser’s statement or the Investigator’s Report. The student is also prohibited from cross-examining or questioning the accuser. How can students effectively respond to or refute an ...

While the use of grand juries is not common in bringing criminal charges in Indiana, they provide an opportunity for the State to gather evidence and test the potential strength of a case. The prosecutor may serve a subpoena on a suspect or “target” to testify before the grand jury. If you are ...

In a recent Marion County case, the Indiana Court of Appeals upheld that Hoosiers can lawfully walk away from police when officers lack probable cause or reasonable suspicion for criminal activity. The Court determined that police illegally arrested a woman for resisting law enforcement when she ...

Innocent people are charged with crimes. One of the most devastating charges you can be falsely accused of is a sex crime. Several years ago, our office represented an 18-year-old Purdue freshman who was being investigated by the police. During Grand Prix weekend, he had been playing beer pong with ...

The Indiana Court of Appeals determined that police violated an Indianapolis woman’s right to political speech when they arrested her as she loudly criticized officers for being racist. The Court reversed the woman’s Marion County conviction for disorderly conduct. Accusations During a Traffic Stop

Synthetic drugs are manufactured to mimic the high of traditional drugs, such as marijuana and ecstasy, when smoked or ingested. Common names for synthetic drugs include spice, K2, incense, potpourri, and bath salts, which can be purchased through stores and online retailers. Some may perceive that ...

In Indiana, battery is a Class B misdemeanor that alleges the defendant touched another person in a “rude, insolent, or angry manner”. When clients call our office after being arrested for battery, they often tell us that the other person either started the fight or provoked them. Depending on the ...

If you’ve been charged with a crime in Montgomery County, you need an experienced criminal defense attorney who knows the local rules and court procedures. At the initial hearing, the judge will set specific deadlines for filing notices of certain defenses and requirements for submitting witness ...

The Indiana Court of Appeals has determined that evidence gathered from a traffic stop in Hamilton County should be suppressed. The Court held that the traffic stop, which resulted in an operating while intoxicated charge, was illegal because the officer had neither observed any traffic violations ...

If you’ve been arrested for a misdemeanor in Allen County, you’re not alone. The Allen County Prosecutor’s Office has one of the highest caseloads in the state, prosecuting 10,000 misdemeanors per year. In fact, there are so many cases in Fort Wayne that the misdemeanor courts are in a separate ...

Using a fake ID is one of the most common charges Purdue students are arrested for during Grand Prix week in West Lafayette. Unfortunately, it’s also one of the top most damaging cases for students to have on their record. A Crime of Dishonesty When charged with using a fake ID, many young people ...

As local police target drug crimes, marijuana arrests are on the rise in Tippecanoe County. Police claim they are attacking Lafayette’s increase in crime “at its source”, which is perceived to be drug use and dealing, including marijuana. In September 2015, Mayor Tony Roswarski announced a number ...

It’s Grand Prix week at Purdue, and with it comes the possibility for hundreds of alcohol-related arrests in West Lafayette. If you are a student preparing for finals, summer internships, or graduation, the last thing you want to worry about is an arrest impacting your future. With the help of an ...

Little 500 events begin in Bloomington this week, culminating on Saturday with the famous men’s cycling race. For over a decade though, excise police have targeted Little 500 weekend, making arrests by the hundreds for underage drinking and other alcohol-related offenses. When excise police arrive ...

Police officers routinely use pre-written forms or “boilerplates” to aid in preparing reports, including affidavits for probable cause when seeking a search warrant. However, the Indiana Court of Appeals has reinforced that although using forms is permissible, forms used to obtain a search warrant ...

A petition for expungement denied by an Allen County judge has been reversed and remanded for further proceedings. The Indiana Court of Appeals determined that the trial court incorrectly denied the petition without first setting a hearing. The case solidifies that a petition for expungement cannot ...

The Indiana Supreme Court announced March 21 that four Indiana counties (Clark, Harrison, Shelby, and Hamilton) have transitioned to e-filing. By the end of the year, eight more are scheduled to follow: Henry, Floyd, Hendricks, Franklin, Morgan, St. Joseph, Wells, and Tipton. Announced in 2014, the ...

A Hamilton County man’s convictions for Class C felony dealing in marijuana and Class D felony maintaining a common nuisance have been reversed. The Indiana Court of Appeals determined the two tips that served as the basis of the probable cause affidavit to search the man’s home were unreliable. In ...

To help court staff manage the expungement law, the Indiana Judiciary has created a document titled “Expungement 2015 I.C. 35-38-9: Digest for Court Staff and Clerks”. This 20-page document highlights the complexity of the Indiana expungement law by providing extensive detail on the law’s ...

Tonight and Friday night, motorists in dozens of Indiana counties will be subject to sobriety checkpoints and increased police patrol. Indiana State Police are targeting the St. Patrick’s Day holiday as part of “Operation Pullover”, a partnership with over 250 law enforcement agencies statewide ...

A Marion County man’s Class A misdemeanor conviction for carrying a handgun without a license has been reversed. At appeal, the Indiana Supreme Court determined the impoundment and subsequent search of the man’s vehicle was unreasonable, rendering the handgun found in the vehicle to be inadmissible ...

Purdue students who have been accused of sexual assault may face an investigation under Purdue’s harassment policy. If that happens, Purdue administrators with the Office of Institutional Equity will request that you make a written statement detailing your side of the story within a very short ...

The Indiana Court of Appeals has held that a civil forfeiture proceeding must be expunged as part of the criminal case expungement. A Madison County man was convicted for dealing in marijuana and possession of cocaine. While the criminal case was pending, the State filed a civil forfeiture ...

Drivers in Lafayette and the surrounding areas whose licenses have been suspended may now be eligible to get back behind the wheel. A new Indiana law that went into effect on January 1, 2015 created specialized driving privileges. What this means is that drivers who were found to be habitual ...

Having a criminal record often limits your possibilities and opportunities. Whether you've got a misdemeanor or felony conviction on your record, colleges may deny your application, employers may not hire you, banks won't give you a loan and an apartment complex may not rent you an apartment. Even ...

Purdue’s Grand Prix week is filled with fun activities but is often crawling with undercover excise police. The past two years more than 90 arrests were made during Grand Prix festivities. While local law enforcement emphasizes the goal of keeping everyone safe, excise police come to West Lafayette ...

The Indiana Supreme Court upheld the “annoying” behavior requirement in Indiana’s public intoxication statute, reversing a prior Court of Appeals decision. However, the Court held that there was insufficient evidence to find that an intoxicated man sleeping at a bus stop had annoyed anyone and ...

A new Indiana traffic law became effective on January 1, 2015 which gives judges broad discretion to grant specialized driving privileges to persons who have a suspended driver’s license. Specialized driving privileges can be granted to persons who are suspended as the result of criminal ...

Effective January 1, 2015, courts have broad discretion to grant driving privileges to persons who are suspended for a wide variety of reasons. Specialized driving privileges can be granted to stay suspensions for five year, ten year, and lifetime habitual traffic offender suspensions; criminal ...

New marijuana laws in Indiana make it harder to prove dealing when a person is arrested with a large amount of marijuana. Effective July 1, 2014, the State must have evidence in addition to the weight of the drug for a person to be convicted of possession, with intent to deal marijuana. Prior to ...

Persons convicted of a Level 6 felony will not receive prison time for short-term executed sentences under Indiana’s new crime bill. A Level 6 felony carries a sentencing range of six months to 2 ½ years. However, after June 30, 2014, and before July 1, 2015, a court may not sentence a person to ...

Tippecanoe County has posted a revised bond schedule to address Indiana’s new felony sentences. If you are arrested, one of your highest priorities is to post bond and get out of jail. Effective on July 1, 2014, the bail schedule for all persons arrested without warrants for criminal offenses ...

Charges of possession of marijuana, dealing in marijuana, and maintaining a common nuisance were dismissed against an Indiana woman after the trial court found her consent to search her home was not freely and voluntarily given. Police went to the woman’s home after receiving a tip that she was ...

The Indiana Court of Appeals reduced a man’s Class A felony dealing cocaine conviction to a Class B felony, finding that he was within 1000 feet of a public park at the request of a confidential informant. Dealing cocaine is a Class B felony and carries a penalty of 6 to 20 years. However, if the ...

An Indianapolis man’s conviction for criminal trespass was reversed by the Indiana Court of Appeals due to insufficient evidence. While drinking at a local bar, the defendant was asked to leave by security because he was caught smoking inside the bar. The man became irate and began yelling at ...

Grand Prix weekend is here and with it comes the excitement of special events on campus. Known as a party weekend, Grand Prix inevitably results in a large number of Purdue students coming into contact with local law enforcement and Indiana Excise Police. Arrests for minor in possession of alcohol, ...

Throughout the week of Grand Prix, many Purdue students take time to relax and enjoy the spring weather with friends. At the same time, between Breakfast Club, the Life in Color concert, and the Grand Prix race, there are many opportunities for students to run into trouble with police, particularly ...

Minor consumption of alcohol is the number one reason Purdue students are arrested or ticketed throughout the week-long celebration of Grand Prix in West Lafayette, Indiana. With the heavy presence of law enforcement, including undercover excise police, there are increased opportunities for ...

Hunting is a way of life for many Hoosiers. However, many avid hunters are banned from possessing a firearm due to a criminal conviction. Indiana’s expungement statute specifically restores firearms rights under Indiana law. If a criminal conviction has prevented you from hunting, call Gibson Law ...

The Indiana Court of Appeals reversed a Lafayette, Indiana man’s conviction for possession of cocaine in Jasper County. The defendant was stopped for speeding on I-65 near Rensselaer. The officer observed that the defendant appeared nervous and was sweating and shaking his legs. During the traffic ...

If you are arrested for possession of marijuana or maintaining a common nuisance in Indiana, you may have a defense if the State cannot prove that you had exclusive control over the location where marijuana or other drugs were found. If police obtain a search warrant and find illegal drugs in your ...

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The Indiana Court of Appeals reversed a Kokomo man’s convictions for possession of marijuana and visiting a common nuisance due to insufficient evidence. Officers saw a vehicle parked in the middle of the road with a person leaning in the driver’s side window. Believing this to be a drug deal, the ...

LEGAL ALERT: Indiana Supreme Court Weighs in on Public Intoxication Law The Indiana Court of Appeals reversed an Indianapolis man's conviction for public intoxication in Marion County determining that the term "annoy" in the context of Indiana's new public intoxication law is unconstitutionally ...

I got my first speeding ticket in Bluffton, Indiana, and I still remember it today. I was 17 years old and headed back to Jay County after playing in a summer league basketball game in Decatur. I was on the Northside of Bluffton on State Road 1 and ironically right in front of my grandmother’s ...

Last Friday there was a career fair in Kokomo, Indiana featuring area employers. The job fair provided an opportunity to learn about employment opportunities and gain information about area companies. The job fair also offered resume writing and career planning workshops. However, what is almost ...

If you are arrested for DUI in Peru, Indiana, you may be worried about incarceration, how you will get to work without a driver’s license, and what will be on your criminal record. You also may be concerned about what will happen at the Initial Hearing. The Miami County local court rules impose ...

Indiana police often utilize drug dogs to search for cocaine, heroin, methamphetamine, marijuana, and other drugs during traffic stops. Drug dog sniffs can take place anywhere, including in town or on the highway. It is common for police to seek to use K-9 searches on the interstate between Chicago ...

If you have a criminal record in Montgomery County, Indiana, you have probably cringed when you fill out a job application. Will the prospective employer do a criminal background check? Will you be asked questions about the conviction? Will a mistake 10 years ago cost you yet another opportunity? ...

If you have a criminal record in White County, Indiana, you may be eligible for expungement. However, to clear your criminal history, it is important to hire an experienced expungement attorney. You can only expunge your criminal history one time. If there is a mistake in your expungement petition ...

Hotel rooms are often full in Lafayette and nearby Crawfordsville, Indiana. Purdue and Wabash College draw out-of-town guests for academic conferences and football games. Hotel rooms can also become the location for late night parties where marijuana and other drugs could be present. If you were ...

If you are arrested in Crawfordsville, Indiana, you need a criminal defense attorney who is experienced handling cases in Montgomery County. The Montgomery County courts have local criminal rules governing the exchange of evidence, which require defendants to comply with a discovery order within 30 ...

If you are arrested for DUI in Montgomery County, Indiana you are probably worried about jail time, losing your driver’s license, and what will happen at the initial hearing. The first step in dealing with the stress is to contact a Crawfordsville DUI attorney. Located in nearby Lafayette, Gibson ...

Domestic battery arrests can arise when an argument with a spouse or loved one becomes physical. A charge of domestic battery is not always violent, but merely requires that there was a rude, insolent, or angry touching. Domestic battery can be triggered by financial or marital problems, alcohol or ...

No one plans to get arrested. But when the unexpected happens, you have serious questions and need immediate legal advice. What should you expect at court? What penalties are you facing? When can you get your driver’s license back? When can you meet with a criminal attorney?

If you are arrested in Allen County, Indiana, you need a Fort Wayne criminal defense attorney with experience. Criminal charges are serious and can affect your job, driver’s license, and freedom. Gibson Law Office criminal defense attorneys have handled criminal cases in 57 Indiana counties and ...

Allen County’s Forensic Diversion Program provides an alternative to jail for defendants arrested on non-violent drug charges. Forensic Diversion Programs provide services to adults with mental illness or addiction disorders who have been charged with a crime. A defendant who enters the forensic ...

Police often use K-9 units to seek to identify drugs in a person’s vehicle during routine traffic stops. A dog sniff is not considered a search under the 4 th Amendment. However, police cannot unreasonably prolong a traffic stop in order to get a K-9 unit to the scene. If a person has been lawfully ...

Operating While Intoxicated charges in Indiana often are based on breath test results. However, for breath test results to be admissible in court, the administration of the breath test must follow strict procedures. And, the breath test operator must be properly certified by the State of Indiana. ...

In Indiana, Operating While Intoxicated is a Class C misdemeanor. However, an OWI is elevated to a Class A misdemeanor if the State proves that a person operated a vehicle while intoxicated causing endangerment. Endangerment can be proven by evidence showing that a defendant’s condition or driving ...

The Indiana Court of Appeals reversed one partygoer’s conviction for Illegal Possession of Alcoholic Beverages (Minor Consumption) due to her status as an overnight guest and a police officer’s unlawful entry into the social host’s backyard. Two officers were investigating a noise violation for ...

A man was apprehended at a Fort Wayne clothing store after a loss prevention officer spotted him placing merchandise into a trash bag. The man dropped the bag in a store aisle and then left the store when he realized security officers were watching him. He was arrested for shoplifting and was ...

Purdue students have long been at risk for public intoxication arrests while walking home after a night of drinking. The Purdue party scene extends from West Lafayette residential neighborhoods to campus fraternities and sororities, from bars at Chauncey Hill to the Levee, and across the Wabash ...

The Indiana Court of Appeals found that the State failed to prove a Noble County man was in constructive possession of marijuana. The defendant was the passenger in a vehicle, which was pulled over for a traffic violation. An officer detected the odor of marijuana coming from the vehicle, along ...

In a case of first impression, the Indiana Court of Appeals held that to convict a person of public intoxication, the person must have engaged in alarming behavior while in a public place. In this case, a woman observed an unknown man twice cross her yard and enter her neighbor’s yard and garage. ...

The Indiana Court of Appeals reversed a man’s conviction for Public Intoxication because the evidence did not show that he harassed or alarmed anyone when he appeared at a gas station drunk. The Court further held that he did not endanger himself or others, because no witnesses testified to ...

Indiana’s public intoxication law was amended in 2012 to encourage intoxicated persons to walk home or take a cab, instead of driving. Prior to the change, the State only had to prove that a person was intoxicated and in a public place. To convict someone of public intoxication under the new law, ...

The Indiana Court of Appeals reversed an Indianapolis man’s conviction for Resisting Law Enforcement, a Class A misdemeanor. The Court held that because the officer did not have probable cause or reasonable suspicion that the man was involved in criminal activity, the defendant was free to ignore ...

The Indiana Court of Appeals has reversed a Fort Wayne man’s conviction for Possession of Cocaine. Allen County officers went to a residence in Fort Wayne to serve the defendant with a warrant on a failure to appear for misdemeanor possession of marijuana charges. When the police arrived, the ...

A woman was convicted of resisting law enforcement, a Class A Misdemeanor, and Disorderly Conduct, a Class B Misdemeanor, after a jury trial in the Allen Superior Court. At trial, the defendant requested a jury instruction on protected speech arguing that her comments and noises were protected ...

A person arrested for dealing methamphetamine in Adams County Indiana told a detective that she regularly purchased drugs from the defendant. The detective did not establish the source’s credibility or corroborate her statements when he obtained a search warrant. While searching the defendant’s ...

The Indiana Court of Appeals upheld a ruling of the Allen Superior Court to suppress evidence obtained during a marijuana investigation in Fort Wayne. An officer observed the defendant speeding and pursued the defendant’s vehicle until he pulled over. The officer waited for backup to arrive before ...

The Indiana Court of Appeals upheld a ruling of the Allen Superior Court to suppress evidence obtained during an Operating While Intoxicated investigation in Fort Wayne. An officer pulled the defendant over because an anonymous caller made a report regarding a pick-up truck, and the officer later ...

If you have been arrested for DUI in Lafayette, Indiana, the experience can be traumatic and frightening. After a DUI traffic stop in Tippecanoe County, you are asked to submit to a breath test and field sobriety tests; you are taken to the Tippecanoe County Jail and can be held in custody for ...

Depending on the severity of the offense, students who are arrested while attending Purdue face either a Community Standards Board (CSB) panel hearing or a conduct conference. If you are arrested and the Purdue Office of Student Rights and Responsibilities (OSRR) requires you to attend a CSB panel ...

If you are arrested while enrolled at Purdue, you will face either a conduct conference or a Community Standards Board (CSB) panel hearing, depending on the nature of the charges. When the Purdue Office of Student Rights and Responsibilities (OSRR) assigns you a conduct conference, it means that ...

A Class D felony can be expunged eight years after the conviction date under Indiana’s expungement law. However, if the Class D felony conviction is reduced to a Class A misdemeanor, the conviction can be expunged five years after the conviction date. Expunging a conviction three years earlier can ...

Expungement forms for a new Indiana law have circulated, which suggest a format to file a petition for expunging criminal records. Beware! Forms can be dangerous and failure to comply with Indiana Code may result in your petition being denied.

Obtaining a professional license can be an important step to a better job, higher income, and career mobility. It requires a lot of hard work, money, and time. In Indiana it also requires a criminal background check. Anyone applying for certain Indiana licenses or certificates, including in ...

BLOG UPDATE: Effective January 1, 2015, an new Indiana law became effective that authorizes Specialized Driving Privileges. When a person has a job that requires excessive driving, they are more at risk to accumulate speeding tickets. Sales associates, contractors, and delivery people often drive ...

Public intoxication and possession of marijuana arrests are not uncommon in Indiana. Excise police stings targeting public intoxication and minor consuming alcohol arrests have become all too common on Indiana college campuses. Police canine units regularly do sweeps through campus dormitories ...

We are continuing to help clients seal and expunge criminal records throughout Indiana. Since July 2011, we have represented clients in restricting access to, sealing or expunging criminal records from Lafayette to Fort Wayne and from Crown Point to Bloomington. The 2011 law provided that criminal ...

If you are an incoming freshman to Purdue University, welcome to West Lafayette, Indiana. Freshmen year is an exciting time for students and parents. You are now part of a school filled with opportunity and one that is rich in tradition. One of those traditions is Boiler Gold Rush. What is Boiler ...

Indiana's new expungement law provides a second chance to people whose criminal record has affected them long after completing their sentence. While several benefits of expungement are obvious, a criminal record can affect many areas of a person’s life. Whether your case is in Lafayette or Fort ...

A felony conviction can penalize a person in many ways beyond their criminal sentence. A felony conviction can immediately disqualify a skilled person from certain jobs, when they otherwise would be hired. Convicted felons are not eligible for many types of federal assistance programs, may be ...

You can be Charged with a Crime for Mere Presence at a Party. If you are at a party or gathering where drugs are being used, you could be charged with the crime of Visiting a Common Nuisance. Even if you are sober and not using drugs! What is a Place of Common Nuisance? A place of common nuisance ...

Citizens have a legitimate expectation of privacy in their computer files. The police cannot search your computer without a warrant, unless you consent. To obtain a search warrant for your computer, a judge must find that there is probable cause to believe there is evidence of a crime located on ...

If you are arrested for Operating While Intoxicated (OWI) in Indiana and have a blood alcohol level of .08 or greater, your driving privileges will be suspended by the Bureau of Motor Vehicles (BMV) for 180 days or until the charges have been disposed of. If you refuse to give a breath sample, your ...

Criminal charges of visiting a common nuisance, or maintaining a common nuisance, can be filed against a person who is merely present somewhere drugs are being used, or who allows illegal drugs to be used in their home or vehicle. However, the crimes of visiting a common nuisance and maintaining a ...

What is Entrapment? Entrapment is a possible defense in any criminal case where the police induce a person to commit a crime. In Indiana, entrapment is a defense to a crime when:

The Indiana Court of Appeals has reversed a Tippecanoe County, Indiana man’s conviction for child molesting, because the trial court improperly admitted a forensic video statement of the alleged victim. In child molesting cases, it is routine for police to have the accuser participate in a forensic ...

NOTE: This law has been repealed and replaced by Indiana's new Expungement Law effective July 1, 2013 A new Indiana law provides that certain 8 year-old Class D felony convictions can be sealed from public view. In a competitive job market, a criminal background check that reveals a felony ...

NOTE: This law has been repealed and replaced by Indiana's new Expungement Law effective July 1, 2013 Indiana's expungement statute is very limited and primarily only provides relief to persons who were arrested, but not charged with a crime. However, a new Indiana law took effect on July 1, 2011 ...

False child molesting allegations happen. That is a fact. It is also true that when a person is accused of child molesting, there is an overwhelming presumption by police and investigators that the accused person is guilty. Child molesting investigations often begin with a forensic interview of the ...

A man’s conviction for sexual battery was reversed by the Indiana Court of Appeals. The man was accused of walking up behind an unsuspecting woman and groping her in the thighs and crotch. The woman immediately turned around and the man ran away. He was arrested and charged with sexual battery, a ...

The Indiana Court of Appeals has reversed a man’s conviction for sexual battery, finding that kissing a sleeping victim does not meet the definition of sexual battery in Indiana. In this case, a woman and two men had been watching television. The two men went to purchase more alcohol and the woman ...

Criminal charges for possession of marijuana in Indiana can be based on either actual or constructive possession of marijuana. When marijuana is found in a person’s home, a resident can be found in constructive possession of marijuana when the State proves that the defendant had both the intent, ...

To revoke a defendant's probation for failing to pay financial obligations, the State must prove that the probationer had the ability to pay. The Indiana Court of Appeals has reversed a trial court's order to revoke probation, because the State failed to present evidence that the defendant had the ...

Lafayette, Indiana attorney Brett Gibson defends clients aggressively when petitions to revoke probation are filed. A petition to revoke probation can be filed when a defendant fails to timely pay court costs, fees and restitution. It is a defense to a petition to revoke probation for failure to ...

A woman's conviction for public intoxication, when she was a passenger in a vehicle, has been reversed by the Indiana Court of Appeals. This public intoxication case creates an exception to more than thirty years of case law that has held generally that a passenger in a vehicle is in a public ...

A Court of Appeals decision decided on August 6, 2010 has limited the ability of trial courts to reduce Class D felony convictions to Class A misdemeanors. In a case of first impression, the Indiana Court of Appeals has held that a trial court may only reduce a Class D felony, to a Class A ...

The Indiana Court of Appeals has reversed a man’s conviction for operating a vehicle while intoxicated causing endangerment. The court held that to convict someone of the Class A misdemeanor offense, the State must submit proof of "endangerment" beyond mere intoxication.

Mere unexplained possession of stolen property, standing alone, can no longer establish a conviction for theft in Indiana. The Indiana Supreme Court has reversed a 40-year-old rule that allowed a conviction for theft to be established by mere unexplained possession of stolen property. In this case, ...

The Indiana Court of Appeals has reversed a man’s conviction for maintaining a common nuisance because the State failed to prove that he used his car to facilitate dealing in marijuana. The Court ruled that the statute defining the charge of maintaining a common nuisance was not intended to apply ...

The right to a jury trial is one of the must fundamental constitutional rights that you have. However, many people unknowingly waive this right because they do not timely hire a criminal defense lawyer. In Indiana, if you are charged with a misdemeanor offense, you must request a jury trial in ...

When you see a police car in your rearview mirror, it almost always invokes a certain level of anxiety. Many people are intimidated by police encounters and act in extreme ways. They may waive all of their constitutional rights and consent to have their privacy violated; or, worse, they act ...

The Indiana Court of Appeals has overturned a man’s conviction for possession of marijuana due to an illegal pat down search. The man was stopped for driving a vehicle without a seatbelt. The officer took the man’s identification and returned to his police car where he called for backup. A ...

In Indiana, you have the right to use reasonable force to defend yourself or a friend from being attacked or assaulted. You can also use force, including deadly force, to protect your home from unlawful entry. Unfortunately, you may be at risk of being unlawfully arrested for battery or assault, ...

Following an infraction traffic stop, a woman was arrested for possession of methamphetamine and neglect of a dependent after police found methamphetamine in her purse. The Indiana Court of Appeals held that the search of the woman's purse was unlawful and violated her right against unlawful search ...

The Indiana Court of Appeals has reversed a man’s conviction for possession of a firearm by a serious violent felon, a Class B felony, due to an illegal search of his car. The man was stopped for a traffic violation and admitted to the officer that his driver’s license was suspended. The officer ...

Police cannot randomly interrogate people or search their possessions. The Indiana Court of Appeals recently upheld a ruling of the Jay Superior Court (Portland, IN) to suppress evidence obtained during the interrogation of man ultimately charged with operating a motor vehicle while suspended for ...

When international students are charged with a crime, they face not only criminal charges, but possible removal and deportation from the United States. Certain convictions can also make them inadmissible to the U.S., even if the crime is a misdemeanor under Indiana law. International students who ...

Imagine getting charged with DUI after you have had three beers at a restaurant and were pulled over for having a headlight out. You feel fine and are not intoxicated. You voluntarily submit to a standard DUI investigation and take a breath test. The results show a blood alcohol content of .08 and ...

BLOG UPDATE: Effective January 1, 2015 Habitual Traffic Violators can petition for Specialized Driving Privileges Sentencing for driving on a suspended license often results in a suspended sentence, some community service, and a 90-day driver's license suspension. Jail time for driving on a ...

Many people get arrested for the crime of public intoxication in Indiana in relatively private areas near an apartment building or home. The public intoxication laws in Indiana make it a crime to be in a public place, in a state of intoxication caused by the use of alcohol or drugs. In Tippecanoe ...

New clients often tell me that they are shocked that police questioned them, searched their property, and took them to jail without reading them the Miranda Warning. Tippecanoe County drivers pulled over for DUI are given breath tests; Purdue students suspected of visiting a common nuisance are ...

I am an Indiana criminal lawyer and handle cases throughout the State. This week alone I have been in court on criminal cases in Tippecanoe County, Clinton County, Miami County, and White County. Over the past decade, I have represented thousands of clients in Indiana criminal cases and have ...