Smith, Carrillo & Reeder Smith, Carrillo & Reeder2026-09-29T14:43:48Zhttps://www.scrlaw.net/feed/atom/WordPress/wp-content/uploads/sites/1101191/2019/01/cropped-OG-directory-32x32.jpgOn Behalf of Smith, Carrillo & Reeder<![CDATA[Can you get an OWI in Indiana if you are a passenger?]]>https://www.scrlaw.net/?p=503032026-09-29T14:43:48Z2026-09-29T14:42:18ZWhen a passenger is not the operator
Simply riding with an impaired driver does not make you guilty of operating while intoxicated (OWI). To establish the operating element, prosecutors need evidence that you controlled the vehicle while intoxicated. Your own drinking alone may not establish that element. The driver’s arrest may still prompt officers to ask whether you took the wheel earlier.
Under Indiana’s vehicle laws, operating includes actual physical control. A stationary car can therefore raise questions about who controlled it. If you drove before switching seats, prosecutors could examine your earlier conduct. They would need evidence such as surveillance video or witness testimony.
When your role or conduct could raise questions
A seat change is not the only reason officers might ask about your actions. Separate conduct can raise separate legal issues. Examples include:
Public intoxication: If you are intoxicated in a public place and endanger someone or breach the peace, you could face a charge unrelated to OWI.
Your car: If you let someone drive your car while knowing they could not drive safely and a crash occurred, an injured person can pursue a negligent entrustment claim. That potential civil liability involves different legal requirements from an OWI charge.
These issues may depend on what you did, so the order of events often matters.
Why you should understand your role after the stop
After the driver’s arrest, you might need a ride or have questions about the trip. Recall who drove, where the car stopped and any seat changes. Write down what you remember while the sequence remains fresh.
If the police later accuse you of operating the car, that timeline may help distinguish your conduct from the driver’s. An Indiana attorney can examine the available evidence and explain the elements prosecutors would need to prove.]]>On Behalf of Smith, Carrillo & Reeder<![CDATA[Who is liable for a slip and fall in an Indiana store?]]>https://www.scrlaw.net/?p=502982026-09-26T17:09:37Z2026-09-26T17:09:37ZWhen a nice shopping experience turns into a nightmare due to an unexpected accident, one of the primary questions you might have is whether you can hold the store owner liable for damages. The answer generally depends on whether the store owed the shopper a duty of reasonable care, whether it failed to meet that standard and whether that failure caused the injury.
What duty does an Indiana store owe shoppers?
State law calls shoppers invitees. Therefore, the owners should make an effort to keep their store in reasonably safe conditions for their guests. For example, the store employees should conduct reasonable inspections of the aisles, looking for hazards such as spills and taking prompt steps to address them.
Proving negligence in a retail setting
Success in negligence claims depends on showing that the store created the hazard, was aware of it or should have discovered it through a reasonable inspection. For instance, if a leaking liquid detergent bottle leaves a wide pool across a main aisle and the staff fails to notice it due to skipped routine safety walks, the store could be held liable.
Comparative fault and your recovery
The legal standard for premises liability also looks at your role in the fall. Specifically, the state uses a modified fault system where blame may reduce recovery. If a court finds you are more than 50 percent at fault, state law stops any payment.
Evidence for a retail injury claim
Several factors often influence the outcome of these complex litigation cases. In a slip and fall claim, the following details are particularly important:
How long the hazard was present before the fall
Whether warning signs were placed near the spill
The lighting conditions in the area of the fall
The injured person's footwear at the time of the fall
These facts help determine whether the owner acted with reasonable care. They may also help determine whether the hazard was open and obvious – meaning a reasonable person should have noticed and avoided it – which can affect whether the store had a legal duty to address it.
What to do after a slip and fall in an Indiana store
Focusing on your medical recovery after a severe injury should be your top priority. Partnering with an attorney experienced in premises liability allows you to heal while a professional handles the demanding legal steps.]]>On Behalf of Smith, Carrillo & Reeder<![CDATA[What happens to retirement accounts in an Indiana divorce?]]>https://www.scrlaw.net/?p=502962026-09-16T07:28:35Z2026-09-16T07:28:35ZRetirement accounts and marital property
Indiana generally uses a one-pot approach to marital property. The court considers qualifying assets together when it divides the marital estate. This approach can include retirement accounts and pension benefits.
The court may consider an account even if the spouse opened it before the marriage. The timing of contributions and the growth of the account can affect the analysis. The court may also consider the portion of a pension that a spouse earned during the marriage.
Several factors can shape the court’s decision:
The type of retirement account
The date the spouse opened the account
Contributions made before and during the marriage
The value of the account
The value of other marital assets
The facts that support or challenge an equal division
How the court may divide retirement savings
The court does not always need to split one retirement account between both spouses. Instead, the court may consider the account alongside other property.
For example, one spouse may keep a retirement account while the other receives a greater share of other marital assets. This approach can help the court create a fair overall division.
Indiana law generally starts with a presumption that spouses should receive equal shares of marital property. However, the court may consider evidence that supports a different division.
Retirement plans require different procedures
Federal rules can affect how spouses divide retirement benefits. The process depends on the type of plan.
An employer-sponsored retirement plan may require a Qualified Domestic Relations Order, or QDRO. This court-approved order can direct a plan administrator to pay a portion of certain retirement benefits to the other spouse.
IRAs and some government retirement plans may follow different rules. Spouses should review the requirements of each plan before finalizing a divorce agreement.
Protecting your financial future
Retirement accounts deserve careful attention during an Indiana divorce. A statement balance may not tell the whole story. The court may need to review contribution records, account history and the value of other marital assets.
A clear understanding of these details can help spouses make informed decisions. An experienced Indiana family law attorney can explain the property division process and help you evaluate your options.]]>On Behalf of Smith, Carrillo & Reeder<![CDATA[What medical benefits does workers’ comp cover in Indiana?]]>https://www.scrlaw.net/?p=502942026-09-03T12:19:42Z2026-09-03T12:19:42ZDoes workers’ comp pay for initial treatment?
Indiana workers’ compensation generally covers necessary medical treatment and related services for a compensable work injury. This care can include emergency room visits, doctor appointments, X-rays, scans and other tests.
Indiana generally allows the employer or its workers’ compensation insurer to direct your medical care. If you choose a different doctor without approval, you may have to pay for that treatment yourself.
What ongoing care does coverage include?
Workers’ compensation may cover follow-up visits, physical therapy and prescription medications. Your treatment generally must be related to your work injury and otherwise covered under Indiana workers’ compensation rules.
Your doctor may recommend continued treatment if your injury requires it. Treatment may continue until you reach maximum medical improvement. At that point, your doctor believes your condition has stabilized and is not expected to improve further with additional treatment.
An insurance company may challenge certain treatments or medical services. It may also question the need for a particular medical service or additional physical therapy. Your medical records can help show why you need continued care.
Does workers’ comp cover surgery and rehabilitation?
Workers’ compensation may cover surgery when your doctor considers it necessary for your work injury. Benefits may also cover hospital care, anesthesia and follow-up treatment.
Rehabilitation can also play an important role in recovery. Physical therapy and other rehabilitation services can help you regain strength and movement. They may also help you return to work.
Serious injuries may require months of care or more than one procedure. Your doctor can explain what treatment you need and why.
What to do if medical treatment is denied
Indiana generally requires workers’ compensation to provide necessary medical care for compensable work injuries, but the employer or insurer generally directs that care. If requested treatment is denied or you believe the medical care being provided is inadequate, you may have options for challenging the decision through the Indiana Workers’ Compensation Board. Consider speaking with an Indiana workers’ compensation attorney if you need help evaluating a disputed medical benefit.]]>On Behalf of Smith, Carrillo & Reeder<![CDATA[How domestic violence affects child custody in Anderson divorces]]>https://www.scrlaw.net/?p=502922026-08-12T07:09:52Z2026-08-12T07:09:52ZHow abuse evidence can affect parenting time
Indiana allows no-fault divorce when one spouse states that the marriage cannot be repaired. While there is no need to prove domestic violence to get a divorce, evidence of abuse can play an important role in child custody decisions. These pieces of evidence can affect custody in several ways:
The court may restrict parenting time: The court has the potential to limit a parent's custody or parenting time if evidence shows that the parent’s abusive behavior could put the child at risk and sometimes the court may grant sole legal or physical custody to the non abusive parent.
The court may restrict decision-making: A history of domestic violence can limit a parent's ability to make important decisions about the child’s future.
The court focuses on the child's best interests when making custody decisions. A history of domestic violence may affect the custody arrangement. The court may also require supervised visits to help keep the child safe. In some cases, the court could also appoint a guardian ad litem to investigate the abuse claims and recommend a custody arrangement.
How child custody decisions support a child's well-being
Children who witness domestic violence are likely to experience emotional distress. This is why the court carefully considers the seriousness of the abuse when making child custody decisions and takes steps to protect the child's well-being. When the court creates a child custody arrangement that favors a stable and secure environment, it can give the child a better opportunity for healthy growth and development.]]>On Behalf of Smith, Carrillo & Reeder<![CDATA[Last-minute estate changes can be a red flag]]>https://www.scrlaw.net/?p=502902026-07-26T16:19:11Z2026-07-26T16:19:11ZEstate disputes are often sparked by certain red flags that family members may see in the way the estate plan was written. As the estate moves through probate and the estate administration process, these disputes between family members and other beneficiaries can become very contentious.
One potential red flag is if there were any last-minute changes made to the plan shortly before the person passed away. This is especially problematic if there were changes that favored one individual at the expense of others. Below are two examples.
Undue influence
In some situations, it may appear that the person was put under undue influence, meaning they were manipulated or coerced into changing the estate plan.For example, say that the last-minute changes leave a substantial portion of the estate to a person who was acting as a caregiver for an elderly individual. It could be that the caregiver threatened to withhold care and assistance unless they were given what they wanted in the estate plan, so the changes do not really reflect what the elderly person actually intended.
Lack of testamentary capacity
Another issue can arise if the person lacked the testamentary capacity to make the changes to their estate plan in the first place.For instance, perhaps the person was suffering from dementia, Alzheimer's or a related condition. They initially wrote their estate plan when there were no questions about their mental capacity, but the last-minute changes were made after the diagnosis. Did they really understand the changes they were making, and did they intend to alter the estate plan in that way?Questions like these can lead to significant estate litigation issues, and it is important for family members to understand all of their legal options.
]]>On Behalf of Smith, Carrillo & Reeder<![CDATA[Can you clear a criminal record in Indiana?]]>https://www.scrlaw.net/?p=502882026-07-15T03:26:23Z2026-07-15T03:26:23ZWhat sealing your record actually does
Indiana's Second Chance Law does not erase your criminal record — it restricts who can see it. For misdemeanors and lower-level felonies, your record is sealed from public view. For major felonies, it stays visible but is marked as "expunged," meaning employers and landlords cannot legally use it against you. Either way, you can answer "no" on most job applications that ask about prior arrests or convictions.
Eligibility depends on the offense and timing
Indiana uses a tiered system based on the type of offense and how much time has passed since your arrest or conviction:
Arrest without conviction: Courts automatically expunge many dismissals and acquittals within 60 days. For others, you can file a petition one year after the arrest date.
Misdemeanor conviction: You may qualify after five years, provided you have no pending charges, have paid all fines and fees, and have no new convictions in that time.
Low-level felony conviction: You may qualify after eight years for an eligible Class D or Level 6 felony, or five years if reduced to a misdemeanor, with all fines paid and no pending charges or new convictions.
More serious felonies: Non-violent major felonies require eight years from conviction or three years from completing your sentence, whichever is later. Felonies involving bodily injury require ten years from conviction or five years from sentence completion, plus the prosecutor's written consent.
Indiana law bars certain offenses from expungement entirely, including sex offenses, homicide, human trafficking convictions, official misconduct and certain violent weapon offenses.
This process has a strict one-time limit
Indiana law allows you to file for conviction expungement only once in your lifetime. If you have multiple convictions in the same county, you must include all of them in a single petition, and convictions across different counties require separate filings within a 365-day window.
Because a mistake or missed offense could cost you your only opportunity, speaking with a criminal defense attorney in Anderson or the greater Madison County area can help you determine what to include and how to give your petition the best chance of approval.
]]>On Behalf of Smith, Carrillo & Reeder<![CDATA[What happens when a parent wants to relocate with a child?]]>https://www.scrlaw.net/?p=502852026-07-14T13:18:12Z2026-07-14T13:18:12ZWhen must the relocating parent provide notice?
If you plan to change your main home, you must usually file a Notice of Intent to Relocate with the court and provide a copy to the other parent. Exceptions may apply if a prior order addresses relocation or the move does not add more than 20 miles between homes and keeps your child in the same school.
You must give notice no later than 30 days before moving or within 14 days after learning about the move, whichever comes first. The notice should identify your address, intended moving date, contact information, reasons for relocating and any proposed changes to parenting time.
How can the other parent respond?
If you are the nonrelocating parent, you usually have 20 days to respond. You may accept the move, request changes to orders or object and ask the court to prevent the child’s relocation.
Custody, parenting time and child support orders remain in effect until the court changes them. Many Indiana counties refer relocation disputes involving existing orders to mediation before scheduling a hearing, although emergency and self-represented cases may be exempt.
What will the court consider before allowing a move?
Before ruling, the judge considers the practical and family consequences of the proposed relocation. Relevant factors may include:
The distance and travel costs
The effect on parenting time
Each parent’s financial circumstances
Each parent’s history of supporting or interfering with contact
Each parent’s reasons for supporting or opposing the relocation
Other factors affecting your child’s best interests
The relocating parent must first show an honest purpose and a genuine reason for moving. The other parent must then show why the move would not serve the child’s best interests.
Reducing uncertainty during relocation
Relocation decisions may require you to balance personal opportunities with the practical effect on your child. By presenting a realistic, well-supported proposal, you can help the court evaluate whether the arrangement will remain workable over time.]]>On Behalf of Smith, Carrillo & Reeder<![CDATA[3 types of pictures that can help after a car accident]]>https://www.scrlaw.net/?p=502812026-07-06T14:06:40Z2026-07-06T14:06:40ZAfter you get in a car accident, contact the authorities and seek medical assistance for anyone who has been injured. This should always be your first priority, especially if there are serious injuries.
But another thing to consider is that, if you are able to do so, it may be wise to take pictures of the accident. The police officers may want you to move your vehicle, so the photos that you take can help preserve the scene and provide evidence if you sue the other driver for financial compensation.
Your own injuries
To start with, photograph any of your own injuries. Take pictures of the damage to your car. If you take these photos on your phone, they are automatically going to have the date and time information embedded, which can help you prove that these injuries or damages happened in that specific accident.
The crash scene itself
Next, take photos of the crash scene from a variety of different perspectives. You want to capture the vehicles' positions in relation to each other and the roadway. You may also want to get pictures of important features, like a traffic light or a stop sign. These photos can help show why the accident happened in the first place.
Identifying information
Finally, take a picture of the other driver's car and license plate so that you can identify them. You will likely want to speak with that driver and exchange information, so you can also photograph their insurance paperwork or driver's license.Taking pictures is a quick and easy way to gather evidence after a crash. If you are interested in seeking compensation, be sure you know what legal steps to take moving forward.
]]>On Behalf of Smith, Carrillo & Reeder<![CDATA[Is there reason to question a testator’s capacity?]]>https://www.scrlaw.net/?p=502792026-06-17T21:24:29Z2026-06-17T21:24:29ZWhat constitutes a lack of capacity?
Traumatic injuries, age-related decline and dementia, as well as serious mental health challenges, can all reduce an individual's testamentary capacity. To have the authority to sign binding legal documents, individuals must understand what those documents say, the impact the documents could have on others and their personal circumstances. People who cannot name their beneficiaries or their personal property may not be in a position to create or update an estate plan.
Diagnostic paperwork and witness statements affirming that an individual’s capacity was compromised by the time they drafted a will could convince the court to set aside a will drafted without testamentary capacity. In such cases, the probate courts can either refer to a prior will drafted by the same party before their health changed or used intestate succession laws to ensure the protection of immediate family members.
Explaining concerns about an individual's capacity to a probate litigation attorney can help surviving family members. When there's proof of a lack of capacity, the courts may agree that a will is not valid due to the deceased’s testatory state of mind when they signed.]]>