Should I Talk to the Police? – South Bend Criminal Defense Lawyer

Posted on October 30, 2011 by jeffhaupt

The police have brought you in to question you about a crime? Are you a suspect? Or do they just want to see what information you may have about a particular crime? How do you know?

Good question! Remember the 5th Amendment of the U.S. Constitution and Article 1, Section 14 of the Indiana Constitution allow you the right to remain silent. If you were arrested you should have been told this right when your “Miranda Rights” were read to you. It is probably the most important right that you have in a criminal investigation.

Do the police have to be honest with me?

The police may or may not have evidence that you have committed a particular crime. They do not have to inform you of what evidence they have or don’t have. They don’t even have to be truthful in what they say to you. But, if you start offering up statements, even in denial, you can make their job of showing you committed a crime a lot easier.

How? For instance, if you deny that you did anything wrong, but admitted to being at the place where a crime happened you may have just given the police a piece of evidence they didn’t have before. Perhaps they had no clue whether you were at the scene of the crime, but now they can place you there because of the statement you made denying the crime.

Ask to Speak to a Lawyer

The best way to handle the matter, ask to speak with a lawyer. Do this in a polite manner, without denying or admitting anything. The fact that you ask to speak with a lawyer cannot be used against you in a court case, and isn’t an admission of guilt. At this point, the police should stop talking to you until your lawyer arrives. Your lawyer will be in a better position to determine what, if anything should be said by you.

if the police have contacted you about a crime, contact my law office. i will work with you to make sure your rights are protected.

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, and child custody, criminal defense matters, DUIs, theft charges, and license suspensions. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.

What happens if you don’t pay your child support? – Indiana Child Support Lawyer

Posted on October 29, 2011 by jeffhaupt

An order for child support can come up in a divorce case, a paternity action, CHINS case, etc. The child support order is a requirement by the Court that you pay a certain amount every week to the Clerk of the Court (or through the State of Indiana) for the support and maintenance of your minor child(ren). But, what happens if you don’t pay this child support order?

What happens if you can’t pay your child support order?

If you are faced with a legitimate situation where you truly cannot afford your child support order, then you may want to consider modifying the child support amount. This action can serve a couple of different purposes. First, it lets the Court know that you are in a position where the current child support order is not reasonable and you just simply cannot afford it. Second, it can reduce the child support amount to an dollar figure that you can actually pay.

If your case is being handled by the local county prosecutor’s Title IV-D child support office you should talk with your caseworker. By doing this your caseworker will know your current situation and may be willing to work with you to give you some time to find new employment, get out of jail, get your disability process started, etc.

What happens if you won’t pay your child support?

Yes there is a difference. Not paying your child support because you are not working because of no fault of your own (laid off, disabled, etc) is vastly different then choosing not to pay your child support. In many courts the decision not to pay your child support doesn’t have to be an outright refusal to pay in order to be found in contempt of court. For instance, if you had some money for whatever reason, but did not pay your child support and used the money on anything other than child support, you run a risk of being found in contempt.

There are situations where parents may get into a visitation dispute. What happens is the parent being denied parenting time decides to withhold child support payments. This is something that you should refrain from doing. Indiana law treats parenting time and child support as separate issues. By refusing to pay child support because you are being denied visitation you could be faced with a situation where a trial court could find you are in contempt of court because of your actions.

Penalties for not paying your child support

By not paying your child support your run the risk of being incarcerated, having bank accounts seized, getting your driver’s license suspended, having liens placed on your property, and in a worse case scenario being charged with a Felony. Obviously, these are all situations that should be avoided, and can usually be avoided if you take the right steps in keeping the Court or the child support office informed of your current unemployed status.

If you are faced with a situation where you are being ordered to appear before the Court for not paying your child support, you should consult with an attorney as being found in contempt of court can have some serious consequences tied to it. Once you are found in contempt you may be incarcerated, fined, forced to do community service, and lose your driver’s license.

if you are facing child support issues, contact me today.

Indiana Contempt Hearings and Family Law – South Bend Divorce Lawyer

Posted on October 28, 2011 by jeffhaupt

Getting a divorce decree finalized is important as the divorce decree sets forth who gets what, how much child support will be paid, what custody and visitation will look like, etc. In many situations most parties are able to live within the divorce decree with no serious problems or they are able to agree to another arrangement. In situations where the court orders are not being met by either party, then you may have to consider asking the Court to use its contempt powers to assist you in enforcing the divorce decree.

What is contempt?

Being held in contempt is being told by the court that you are violating the order of the court (intentionally or knowingly) by failing to pay child support, spousal maintenance, or by denying visitation or interfering with the non-custodial parent’s visitation rights. In order to be held in contempt, the party asking for relief from the Court needs to present evidence that shows that you are intentionally disobeying the Court’s order(s). The Court will then give the offending party the ability to present his or her evidence as to why the order is not being met.

What happens after being found in contempt?

If the Court determines that a party is contempt for violating the terms of a divorce decree or other family law order, then the Court has several different options. The idea behind the contempt punishment is not some much to punish, but to coerce the offending party to comply with the order. For instance, if the court finds someone in contempt for interfering with the visitation that the non-custodial parent has with the child, then the Court may order that the person be required to serve a jail sentence. The Court may suspend that sentence so long as the offending party complies with the visitation order.

When it comes to child support matters, the Court can order a jail sentence so long as a purge amount is set. So let’s say that the offending, non-paying party is found to be in contempt the Court then sentences the non-paying party to a 90 day jail sentence. The Court then must set what is called a purge amount. This purge amount can be used to avoid the jail sentence. So in the above situation the Court may sentence the non-paying party to 90 days or pay $2,000. If the person who is not paying child support is sentenced to this type of sentence, he or she can either serve the 90 day sentence or pay $2,000 to avoid the jail time.

if you are having difficulties with visitation or child support, contact me today.

Been charged with a DUI (OWI)? Know Your Rights – South Bend DUI/OWI Lawyer

Posted on October 27, 2011 by jeffhaupt

Your license is important to you. It allows you to get back and forth to work and in some cases it is required for you to do your job. Losing your license because of a DUI conviction can greatly impact your ability to keep a job and earn a living! You also could be facing possible jail time, probation, fines and even a Felony conviction because of a DUI.

What can you expect for your first DUI/OWI conviction?

If you are caught drinking and driving in Indiana the penalties can be harsh. Your first offense will be charged as a Class C Misdemeanor and can carry the following penalties:

Class C Misdemeanor DUI
A jail sentence of up to 60 days
Fines of up to $500
Lose of license, up to 2 years
Court fees
Probation

Additionally, you may also have to do community service, substance abuse classes, and have to use an ignition interlock device. If you have a BAC of .15 or higher or you have been charged with endangering others while intoxicated, the penalties can be even more severe as you could be facing a Class A Misdemeanor DUI, even if it is your first time.

For Class A Misdemeanors DUI
A possible jail sentence of up to 365 days
Fines of up to $5,000, plus Court fees
Lose of license, up to 2 years
Probation – Up to 1 year

Previous convictions for DUI/OWI? The penalties can be harsh.

If you have had a previous conviction for Driving Under the Influence or Operating While Intoxicated, you are facing the possibility of a Class A Misdemeanor or a Class D Felony (depending on how long ago your last DUI conviction occurred):

For Class D Felonies DUI
A jail sentence of up to 3 years
Fines of up to $10,000
Lose of license, minimum of 6 months, but up to 2 years
Court fees
Probation

The information above outlines some of the possible penalties for a DUI/OWI case. The matter can become much more complicated if someone is injured as a result of a drunk driving accident. If you are facing a DUI, you need a lawyer that can help you understand all of your options.

if you are facing a dui (owi) in st. joseph or elkhart county, indiana, contact me today

You’ve Been Arrested, Now What? – South Bend Criminal Defense Lawyer

Posted on October 26, 2011 by jeffhaupt

Once you are arrested you will be processed at a jail. If you are arrested in South Bend, Mishawaka or anywhere in St. Joseph County, Indiana this will all happen at the St. Joseph County Jail. Being processed after being arrested involves photographs, fingerprints, and other identification processes occurring. While you may be confused as to why you have been arrested or maybe angry, it is always important to remain quiet and polite during the process. Any charges you are facing will be handled in the courtroom, not at the jail.

Bonds After Being Arrested

In some cases a bond amount may already be set even if you haven’t been in front of a judge. If you can afford to have someone post the bond for you then you can be released once the bond is secured. There are situations where a bond may not be set at that moment or you may have a warrant from another jurisdiction that would make your immediate release impossible. Other situations in which a bond may not be set include parole or probation violations and murder charges.

Initial Hearing Following the Arrest

The next step in the process of being arrested involves you appearing before the Court for an Initial Hearing. The Initial Hearing should occur within 36 hours of your arrest, however there are situations when this doesn’t occur within that time frame. For the most part, the Initial Hearing does occur rather quickly.

At the Initial Hearing, the Court will inform you of the charges that have been filed against you and let you know what bond amount, if any, has been set. If you have not obtained a lawyer for the initial hearing, the Court will ask you at this point about your plans to get a lawyer. This is typically the point where the Court will determine whether you qualify for a public defender if you have requested one. More often than not, the Court continues the Initial Hearing to another date so that you can have a lawyer present.

Once you have a lawyer, the Court will address the the matter of your initial plea, which is usually entered as not guilty. Also, the Court will give you, your lawyer, and the Prosecutor several different dates. These dates are generally called the Omnibus date, the Record Date, and the Trial Date. The Omnibus Date is important in terms of the Prosecutor being able to modify charges. The Record Date is used as a deadline for the sides to attempt to reach a plea agreement and if one cannot be reached to inform the Court that they are proceeding to trial. Finally, the Trial Date is just that, the day (or days) your case will be presented to either a judge or a jury.

At this first hearing with your lawyer, you will be able to ask the Court to consider reducing the bond amount or releasing you on your own recognizance while dealing with this matter. The State can also ask that the bond be increased or be denied altogether. Ultimately, this matter will be up to the Court to decide. If you do remain in custody during the proceedings, the Court will work want to work more quickly to get your case to trial, than if you are released on bond.

if you have been arrested and need a criminal defense lawyer, contact me today

Do I have to Pay Child Support if I am married? – Indiana Child Support Lawyer

Posted on October 25, 2011 by jeffhaupt

In many instances paying child support is something most people expect. If you are divorced and have children then usually someone is paying child support. If you have a paternity case and the child is born out of wedlock you typically have a child support order associated with that case. What about situations where the mother and father are married, but living in separate households? You may be surprised to learn that a child support can still be entered against the non-custodial parent in this situation.

Indiana Code 31-16-2 provides a set of rules as to when child support can be entered. The actions are specifically for child support, so in a situation where the Title IV-D Child Support office may be bringing the case, the Court will not address issues that may be more related to a divorce or legal separation.

The basis for allowing child support orders comes from the natural law duty of a parent’s obligation to support their child. So if you are in a situation where you are currently married, but one parent is outside the house, then there could be a situation where child support may be ordered by the Court.

if you have questions about child support or a child support hearing, contact my law office today.

Indiana Paternity Actions – What You Need to Know

Posted on October 14, 2011 by jeffhaupt

In most cases in Indiana paternity actions arise by the State filing to either establish paternity or because you filed a paternity affidavit. Either way the goal of the State is to typically obtain medical and child support orders for a child that is currently receiving some form of federal/state assistance (TANF, Medicaid, etc). What the State has to do is to establish who the father of the child is (either through a paternity affidavit or paternity/genetic test) and that the father (or in some cases the mother) should pay a reasonable amount of child support and provide health insurance if it is reasonably available.

What is paternity?

If you have been named in a paternity action or you named a person as the father in a paternity action then you are involved in a case where the Court will be attempting to resolve several matters. However, the Court cannot do anything until it is determined that the person named as the father of the child is determined by the Court to be the legal father and has a duty to support the child in question.

Paternity will be established in one of three ways. The first being an admission by the father that the child is his. Essentially after being advised of his rights, a court will allow the alleged father to admit the child is his child without the need for a genetic test. If that is done, then the court will proceed to make additional decisions regarding the child and parent’s responsibilities and rights.

The next way that paternity can be established is through the use of genetic testing. If a paternity establishment action is filed, then under the statutes of Indiana the alleged father has a right (or any party to the action for that matter) can request a genetic test. If after the test results are received and they show that by more than 99% probability that the man in question is the father of the child, then the Court will find that the alleged father is the legal father.

Finally, Indiana, like all other states, allows for paternity to be established by the use of paternity affidavits. The paternity affidavit is a document that is usually signed at the hospital shortly after the birth of the child. Both the mother and the father will sign the document acknowledging paternity of the child. The document sets forth the rights that the father gives up by signing the document. By signing the document, paternity will not be an issue of an action is brought for child support. Also, the father waives any right to genetic testing (unless brought within 60 days of signing the documents).

Child Support and Paternity Hearings

Again one of the main reasons that paternity actions are brought by the State of Indiana in order to establish a child support order. Once paternity has been determined or acknowledged, the Court will hear evidence as to what constitutes a fair child support order. Typically, this evidence comes in the form of a child support worksheet.

The child support worksheet will take into consideration the parties income (or the ability to earn income), how many other children or child support orders that they have, whether or not daycare is being paid for this child, medical insurance costs, overnight visitation and other expenses related to the child. The child support worksheet then presents to the Court and the parties a presumed fair amount to be paid for child support.

The Court has discretion to deviate from this “presumed” amount of child support. In cases where the parties may be living together, one party is waiting for social security disability, or the non-custodial parent is experiencing long term unemployment (due to no fault of their own) the Court may be more inclined to deviate from the child support worksheet.

Parenting Time, Custody and Paternity Actions

Another issue that will be considered in a paternity action is the issue of parenting time and custody. Many times the usual result will be that the mother will be granted custody with the father receiving a parenting time order that allows the parties to reach any agreement that they choose or if they cannot reach an agreement then the Indiana Parenting Time Guidelines will be their visitation order.

If the issue of custody and visitation is disputed, Courts will generally hear evidence on the matter. What the court will usually determine is whether there is enough evidence to at least consider a referral to a court agency or guardian ad litem to assist in determining which parent should be granted custody or what amount of parenting time would be appropriate.

if you need legal help with your paternity action, contact me today

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, and child custody, criminal defense matters, DUIs, theft charges, license suspensions, and for Bankruptcy. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.

Getting Your Child Support Modified – South Bend Child Support Lawyer –

Posted on October 13, 2011 by jeffhaupt

Getting your child support lowered or raised requires a court order that modifies the previous order of child support. You don’t have to necessarily go to court to make this happen, for instance, if the parties can reach an agreement, then the child support can be modified and approved by the Court. More often than not, most child support modifications do occur as the result of a rather short hearing before a judge.

What are some reasons to modify your child support?

Indiana law generally requires that a child support order can be modified after 12 months have passed since the last time the court addressed child support issues and the amount of child support would change by at least 20% (up or down). What can cause a 20% change? Most often child support is modified due to a change in income of either party. This could be the result of a higher paying job or a job loss.

Other situations where child support can change by 20% are in cases where one of the parties is attempting to obtain social security disability, has become incarcerated, or has obtained new child support orders that need to be accounted for.

What information will the court consider in modifying my child support order?

In determining a child support order, courts in Indiana will look first to a child support worksheet. This worksheet takes into consideration both the mother’s and father’s income (or what they may be able to earn – potential income); whether either party has subsequent children; older children that they pay child support for or are responsible for, daycare expenses, spousal maintenance payments, portions paid for having the children covered by health insurance, and overnight visitations that the non-custodial parents may have.

The child support worksheet will then present a recommended weekly amount to be paid. This amount is “presumed” to be the correct amount. The Court does have discretion to deviate from the recommended child support amount. When deviating from the presumed amount of child support the court will consider issues such as long term unemployment or whether there are other expenses that may not be considered in the child support worksheet.

if you need help with a child support modification, please feel free to contact me.

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, and child custody, criminal defense matters, DUIs, theft charges, license suspensions, and for Bankruptcy. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.

Open View Observations and Criminal Law – South Bend Criminal Defense

Posted on October 12, 2011 by jeffhaupt

Most everyone that has some dealings with the criminal justice system has some understanding of how search warrants work and how evidence can be excluded in a criminal matter as the result of an improper search. There are different situations when a search warrant is not required to obtain evidence against a defendant. Some of the situations where different search and seizure test may exist include situations where an officer in Indiana obtains evidence as the result of any of the following:

Open View Observations
Abandoned Property
Open Sound Perceptions
Aerial Surveillance
Open Smell Detections
Open Fields Doctrine

While each type of warrantless search situation brings its own unique legal test to consider as to whether any evidence gained is lawfully down so, the purpose of this post is to focus on what constitutes an Open View Observation under Indiana law.

Generally, the idea of an open view observation exist when an officer, who is not conducting a search and is in a place where he or she is entitled to be then they may observe anything in that “open view” without the need for a warrant. For instance, if police are taking pictures of a truck that is in a vacant lot in open view, next to a public street, this does not amount to an unconstitutional search as this would be something anyone in the publc would be able to do from the public street. Fisher v. State, 291 N.E.2d 76 (Ind. 1973).

Another situation where the open view doctrine has been applied is when police are looking through a door that is open. Again if police are in a place where they are allowed to be, and they observe evidence through an open door, then that evidence is properly observed through the “open view” doctrine. Lindsey v. State, 204 N.E.2d 357 (Ind. 1965). Seizing the evidence is a different story.

Again, the idea is that if an officer is able to view evidence from a place where he or she is allowed to be, then that would fall under the “open view” doctrine.

if you are facing a criminal charge and need a criminal defense lawyer, contact me today for a free consultation

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, and child custody, criminal defense matters, DUIs, theft charges, license suspensions, and for Bankruptcy. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.

Beating Traffic Tickets? Don’t Fall For Gimmicks – South Bend Traffic Lawyer

Posted on October 5, 2011 by jeffhaupt

Looking out on the internet landscape you can find all sorts of tricks, smoke and mirrors, and gimmicks that will promise you anything from white teeth to 5 easy steps in becoming king of the world! Speeding Tickets are no different. Just search the term “beating a speeding ticket” and you will find quite a few websites that offer you tools on how to do this. Most of the websites offer free information with a few that seem to attempt to sell you some type of “product.”

The funny thing about this approach to traffic and speeding tickets is that most of the websites list quite a few steps in how to handle your case, and actually seem to make the process quite a bit more confusing than it really needs to be. Most speeding and traffic tickets that are handled through the Court system in South Bend, Indiana, usually involve the ability of the driver to reach a quick plea deal with the prosecutor or enter an infraction deferral program.

Most traffic related incidents can be handled by yourself without representation, but even more quickly and efficiently by a lawyer. Typically, your lawyer will attempt to work out a deal with the prosecutor’s office in getting you into an infraction deferral program or getting the charge reduced to some type of non-moving violation. Even out of state truck drivers can hire a local South Bend attorney to help handle their speeding or traffic offense. The lawyer can work with the Prosecutor’s office to negotiate the offense to a non-moving violation if possible. This would avoid the problems with driving offenses or points showing up on your driving record and endangering your CDL.

The real issues come up when you receive driving citations for more serious traffic offenses such as driving while suspended with a prior conviction of the same, reckless driving, or even a OWI/DUI charge, all of which are misdemeanors (and in some cases can become felonies). When facing a more serious situation such as one of the charges mentioned above, you need legal representation to assist you with your case. Being charged with a misdemeanor involves the potential for possible jail time, hefty fines and loss of driving privileges.

Your lawyer will work with you to determine the strength of the case against you and what options are best for your traffic offense case. This could include reaching a plea bargain deal with the prosecutor’s office, attempting to negotiate a reduced charge, arguing for a dismissal of charges, or in some cases trying the case before a jury.

if you are facing traffic, speeding, or OWI charges contact me today for your free initial consultation to learn more about how I can help you.

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, and child custody, criminal defense matters, DUIs, theft charges, license suspensions, and for Bankruptcy. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.

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Monthly Archives: October 2011