Indiana Criminal Defense FAQ
Frequently Asked Criminal Defense Questions
At Smith, Carrillo & Reeder, we have over 40 years of experience defending Indiana residents from criminal charges. We understand the state and federal laws that impact your case and the best ways to protect your rights when you face serious charges.
Below we answer some of the common questions clients have asked our attorneys over the years. It is important for you to know this information to protect their rights and know when they are being violated.
Can The Police Search For Drugs Without A Warrant?
Usually no. The Fourth Amendment protects against unreasonable search and seizure. In general, the police need either a warrant or probable cause to search you or your property. However, certain circumstances negate the need for a warrant, such as seeing drug paraphernalia in plain sight.
Can I Get A DUI For Taking Prescription Medication?
Yes, you can be convicted if the prescription drug impairs your ability to safely operate a vehicle. This is often seen with prescribed pain medications. Indiana calls it OWI, or operating while intoxicated.
Do I Need An Attorney For A Traffic Violation?
Yes, you can benefit from having an attorney on your side. A lawyer can fight to reduce fees, reduce points on your license and protect your driver’s license from suspension.
Should I Fight A Traffic Ticket?
In some circumstances, yes. Simply paying the ticket can result in paying the maximum fine and gaining points on your license. An attorney can identify opportunities to reduce your fines and penalties.
Do I Need To Take A Breath Test?
Indiana has implied consent laws. This means that drivers automatically agree to submit to chemical testing whenever they operate a vehicle. If you refuse, the state can revoke your license for a year, even if you do not end up with a DUI conviction.
Do I Need To Participate In Field Sobriety Tests?
No. Unlike chemical tests, you can refuse field sobriety tests. However, you can be arrested and have your license revoked for a year if you do not comply.
Can A Conviction Be Removed From My Record?
Yes, this is called an expungement. Most misdemeanors can be expunged through a court process. A few felony charges can also be removed from your records. You cannot expunge certain crimes, such as homicide, sex trafficking, sex offenses, violent offenses or official misconduct.
Questions? Contact Us To Learn More
If you have further questions about criminal law or want to discuss your case, call Smith, Carrillo & Reeder at 765-393-8894 or use the online form. We will contact you shortly to set up an appointment at our office in Anderson.