South Bend Criminal Defense Lawyer – Public Intoxication Charge Even When Being Responsible?

Posted on January 13, 2012 by jeffhaupt

This past year, the Indiana Supreme Court upheld a woman’s conviction for public intoxication in Moore v. State, 949 N.E.2d 343 (Ind. 2011). The facts behind this case are interesting and also sobering (pun intended).

Barbara Moore, the Defendant, was apparently rather intoxicated after a night out for drinks. She seemingly did the responsible thing and that was to have someone else driver her car instead of driving while intoxicated. The car was pulled over for having a license plate light out. When the officer realized that the driver had no valid license he talked to the Defendant about being able to drive, to which she admitted that she was too drunk to drive and that is why someone else was driving. At which point she was arrested for public intoxication.

There was nothing in dispute about the evidence that was raised on the appeal to the Supreme Court, but rather two interesting arguments. First, that her conviction violated public policy. Essentially, the argument is that she did the right thing, by not driving while intoxicated. The Supreme Court didn’t buy it, specifically stating:

Whether conduct proscribed by a criminal law should be excused under certain circumstances on grounds of public policy is a matter for legislative evaluation and statutory revision if appropriate. The judicial function is to apply the laws as enacted by the legislature.

Her second argument was even less impressive to the Court. Here she raised the fact that the conviction violated her right to consume alcoholic beverages. Not so, said the Court. She was free to choose whichever beverage she wished, but the moment she was in a public place she became subject to the laws governing public intoxication.

The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, child support, paternity, and child custody, criminal defense matters, DUIs, theft charges, and license suspensions; and financial matters such as Bankruptcy and Foreclosure. 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.

South Bend DUI Lawyer – Understanding Different OWI Charges Under Indiana Law

Posted on January 11, 2012 by jeffhaupt

Law Office of Jeffery M Haupt As you may or may not be aware, Driving Under the Influence is referred to as Operating While Intoxicated under Indiana law. It is the same thing, just a different name. The real confusion for most people comes in when trying to understand how and why is a particular OWI charged a certain way. OWI charges can range from a Class C Misdemeanor up to a possible Class B Felony depending on the facts of an individual case. Below is an explanation of the ranges of possible charges involving operating a motor vehicle while intoxicated.

Class C Misdemeanor DUI/OWI

Essentially, this is your first DUI or OWI offense and the breathalyzer doesn’t register a number greater than or equal to .15. This is also a situation where your DUI or OWI offense doesn’t endanger another person. This is the lowest level of DUI classification in the State of Indiana and will also generally lead to the lowest level of possible penalties.

Class A Misdemeanor DUI/OWI

You can be charged with a Class A Misdemeanor OWI under a few different circumstances. First, as alluded to above, if you endanger another person while driving in an intoxicated state, you can be charged with a Class A Misdemeanor. What does endangering another person mean? It’s actually a pretty lose definition, your DUI Attorney will be able to work with the charge to determine whether there is truly any merit to the charge.

The next way that you can be charged with a Class A Misdemeanor OWI is by having a breathalyzer test show an alcohol concentration greater than or equal to .15. This actually means you are pretty intoxicated while you are driving, so that is why there is the enhanced penalty.

Class D Felony DUI/OWI

To get a Felony DUI or OWI charge you are usually looking at a situation where you have had prior convictions for driving under the influence that lead to a habitual traffic violation offense or a situation where there was an accident involving an injury to another person as a result of operating a vehicle while intoxicated. Specifically, Indiana law also allows for a Class D Felony filing if you have a prior conviction and you have a passenger in the car that is under the age of 18.

There is also the possibility that you can be charged with a Class D Felony for killing a law enforcement animal as the result of your operating while intoxicated.

Class C Felony DUI/OWI

To be charged with a Class C Felony DUI/OWI, the person being charged has typically caused an accident that resulted in a death. You do not have to be seriously intoxicated to be charged with a Class C Felony if the operating while intoxicated lead to an accident that resulted in death. Specifically, your blood alcohol level only needs to be between the levels of .08 and .14.

Class B Felony DUI/OWI

A Class B Felony DUI/OWI is an enhancement charge of other charges already mentioned above. For instance, if you are driving under the influence and there is an accident resulting in a death, then you could be looking at a Class B Felony if your blood alcohol level is equal to or greater than .15. Or, if you have had a prior conviction for driving while intoxicated and you cause an accident resulting in death, then your blood alcohol level only needs to be .08 for the charge to be a Class B Felony.

Facing a DUI/OWI case is not something that you should take lightly. With all of the possible charging ranges and the issues that can impact your driving privileges, it is in your best interest to consult with a DUI Lawyer.

South Bend Traffic Lawyer – When Does Lifetime Suspension Not Really Mean Lifetime

Posted on January 4, 2012 by jeffhaupt

To be certain receiving a lifetime driving suspension does not happen because you receive a couple of traffic tickets or get one or even two DUI or OWI convictions. Rather, the lifetime suspension is a result of repeat violations of driving while suspended, DUI/OWI convictions or other major driving offenses (sometimes resulting in harm or death to another person).

When Can Your Lifetime Driving Suspension Not Be Lifted

The question to understand is how long is a lifetime suspension? In some instances, it can truly mean that your driving privileges are suspended for the rest of your life, in other situations you may be able to petition the Court for reconsideration of the suspension. For instance if you have received two (2) convictions in the last ten (10) years for any sort of Driving Under the Influence or Operating While Intoxicated offense that resulted in death or in some cases serious injury, then Indiana Code 9-30-10-14 does not allow for a Court to rescind your lifetime driving suspension.

If you have also been convicted of driving while suspended and your license is currently suspended for life, then not only are you facing a Class C Felony, which can carry a possible jail penalty of two (2) to eight (8) years, but you are also ineligible for receiving consideration of having your license suspension rescinded under Indiana Code 9-30-10-14. If your conviction was the result of driving while suspended as a Habitual Traffic Violator, but your driving privileges are not currently suspended for life, then you are allowed to have one (1) conviction and still receive possible consideration for a recission of your lifetime suspension.

The process for petitioning the Court to reconsider your suspension is not a simple process and is best undertaken by an attorney who has experience with traffic issues and driver’s license suspensions and can best prepare your case for Court. But, remember that some of the simple facts are that you need to have waited for a period of ten (10) years since your were adjudged a Habitual Traffic Violator and your lifetime driving suspension was ordered (in some cases this can be as little as three (3) years).

Felony Charges and Child Support – Indiana Child Support Lawyer

Posted on November 1, 2011 by jeffhaupt

Indiana law has two different felonies under which a person can be charged for failing to pay child support. Essentially, the way that the statute is written, is that it is possible to be charged with a Class D Felony for missing a single payment, although, you would be hard pressed to find a prosecutor willing to do that. If the amount of child support arrearage alleged is over $15,000 then it is possible for the charge to be a Class C Felony.

What happens if I am charged with a child support felony?

Once you are charged with a Felony for failing to pay child support, your case will be treated like any other criminal charge. You have the same rights as you would have if you were charged with a crime such as theft. The Court will first determine if probable cause exist and if so a warrant will be issued for your arrest and an initial bond will be set. Once you are brought before the Court (or appear before the Court if you bond out) the court will determine whether or not you will be hiring counsel or if a public defender will be appointed and what your initial plea will be (typically not guilty).

After the initial hearing, the court will set several different hearings such as an omnibus date, a record date, plea bargain deadline date, and a trial date. The first couple of dates are used for the purposes of allowing the prosecutor’s office to amend charges. The plea bargain deadline date is the date that the Court wants the State and the Defendant to reach an agreement by (if there isn’t going to be a trial). Finally, the trial date is set as well. Again, just like any other criminal case, you have the right to a jury trial.

What happens if I am found guilty of felony non-support?

The most important thing to understand is that most cases that reach this point, are well beyond the civil enforcement stage (contempt hearings, driver’s license suspension, etc). Most prosecutors are seeking punishment at this point. If you are faced with a Class D Felony Non-Support case, you could be looking at a possible jail sentence in the range of 6 months to 3 years. If you are faced with a Class C Felony Non-Support case, you could be looking at a possible jail term between 2 to 8 years.

Remember, that just because you are found guilty or plea guilty doesn’t necessarily mean that you would serve 8 years automatically. There are many factors that go into a sentencing hearing, such as the nature of the offense, prior convictions, what sort of sentence agreement might have been made in the plea deal, etc. If the court does order a sentence, the court can suspend the sentence and order you to serve a term of probation, execute the sentence, execute part of the sentence, have the defendant serve the sentence through a community corrections program, etc.

if you are facing felony child support charges, 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, 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.

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.

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

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.

Understanding Indiana Misdemeanors – South Bend Criminal Defense

Posted on October 4, 2011 by jeffhaupt

Indiana law breaks up misdemeanor charges into three types of classes: Class A Misdemeanor, Class B Misdemeanor, and Class C Misdemeanor. The distinction is evident when you look at the range of punishment that is possible under each Class of Misdemeanor.

Indiana Class A Misdemeanors

Class A Misdemeanors are the highest level of misdemeanor that you can be charged with in Indiana and as such carries the stiffest penalties. Indiana Code 35-50-3-2 states that:

A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).

Some more common crimes that are categorized as Class A Misdemeanors: Domestic Battery, Resisting Law Enforcement, Certain types of Criminal Recklessness, Marijuana related charges and Conversion.

Indiana Class B Misdemeanors

Class B Misdemeanors carry the following sentence range:

shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000).

Indiana Class C Misdemeanors

Class C Misdemeanors carry the following sentence range:

a Class C misdemeanor shall be imprisoned for a fixed term of not more than sixty (60) days; in addition, he may be fined not more than five hundred dollars ($500).

Remember the legal definitions of what can occur under a misdemeanor does not mean that you will receive the high end of the sentence. There are many factors that a court will consider when sentencing a person for a misdemeanor. Other factors that can come into play will be whether or not your particular court has a pretrial diversion program that may allow you to enter a program and complete certain requirements in order to receive an outcome where the case may be dropped as a result of your completion of the program.

if you have been charged with a misdemeanor contact me today for your 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.

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