February 22, 2019
If you have been arrested, you may be wondering if you really need to hire a criminal defense attorney. Perhaps you are only charged with a misdemeanor or it is the first time you have ever been charged with a crime. However, it is best to hire a criminal defense attorney to ensure your legal rights are thoroughly protected—and that the evidence being used to charge you with a crime is valid.
Improper searches and seizures
The Constitution protects citizens from illegal searches and seizures. Any evidence obtained through an illegal search and seizure usually must be tossed out of a case—it may not be used to charge someone with a crime. For example, an officer usually must have a warrant to search your home or vehicle. Many individuals charged with a crime are unaware that they were illegally searched—until they hired an attorney.
Statements to law enforcement
During and after your arrest, you have the right to remain silent and state that you would like your attorney present. Your attorney is able to speak with law enforcement on your behalf. Many individuals charged with crimes see no harm in speaking with police officers and prosecutors because they do not think they have committed a crime. However, any statements made may be used against these individuals later.
Protecting your future
Many criminal charges have an impact on someone’s future—their career or personal relationships, for example. Criminal defense attorneys work hard to mitigate these impacts on a person’s life.
Call our Criminal Defense attorneys Today to Discuss Your Case
At Webster & Garino LLC, our criminal defense attorneys have represented clients in both misdemeanor and felony cases. To schedule a free consultation with our defense team, call 317-565-1818.
February 14, 2019
All 50 states have outlawed drinking and driving on some level in an attempt to keep their communities safe. Indiana’s drinking and driving law is called “operating while intoxicated,” or OWI. Those charged with OWI may face license suspensions, jail time, fines, and other serious penalties.
Indiana Code Section 9-30-5 defines OWI. If a driver’s blood alcohol content is at 0.08 percent or higher, the state has concluded that no other evidence is needed to charge the driver with OWI.
For a first offense, a driver charged with OWI may lose his license for a period of between 90 days and 2 years. A second offense carries a license suspension period of between 180 days to 2 years, and a third offense may carry a license suspension of between 1 and 10 years.
First offenses may also carry jail sentences of up to 60 days in jail and a fine of up to $500. The driver may be charged with a felony if serious bodily injury or death results in a crash.
The driver’s record, blood alcohol level, nature of any accidents that occurred, and several other factors are considered when issuing a sentence to someone charged with OWI.
How an attorney can help
OWI defense attorneys are able to review the evidence of a case and determine if it was properly obtained and if it truly meets the definition of a crime. In some cases, charges are reduced or dismissed because police officers failed to follow proper procedures when making an arrest.
At Webster & Garino LLC, our attorneys fight OWI charges
The OWI defense attorneys at Webster & Garino have assisted many Indiana residents with having their charges reduced or dismissed. To schedule a free consultation with our firm, call 317-565-1818.