Abels Law OfficeAbels Law Office2026-08-27T08:09:11Zhttps://www.matthewabelslawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1304289/2025/09/cropped-AbelsLawOffice-site-icon-32x32.pngby Abels Law Office<![CDATA[Indiana expungement: Dismissed charges vs. convictions]]>https://www.matthewabelslawoffice.com/?p=470602026-08-26T08:19:59Z2026-08-26T08:19:59ZDismissed charges: Automatic sealing and filing rules
A dismissal ends a criminal case without a conviction, but the related arrest and court records may still remain public. Indiana law uses July 1, 2022, as the effective date for automatic expungement, meaning the rule generally applies to arrests occurring after June 30, 2022, including:
Arrests after June 30, 2022: Indiana generally expunges dismissed or acquitted records automatically for arrests occurring after June 30, 2022. The specific timeline depends on the statute — an attorney or court clerk can confirm when automatic expungement is expected to occur for a particular record.
Arrests before June 30, 2022: Automatic sealing does not apply. A petition generally requires a one-year waiting period. The waiting period runs from the date of arrest, not the date of dismissal, which affects when a person may file.
Filing fees: Courts do not charge a filing fee for records that end without a conviction.
Public records: A dismissed case may remain visible if the record has not been sealed.
A record check after the waiting period can confirm whether the case has been sealed. If the case remains public, additional court action may be needed.
Convictions: Waiting periods, fees and filing limits
Convictions generally require a formal petition and filing fee. All fines, court costs, fees and restitution must be paid before filing. Pending charges or recent convictions may also affect eligibility.
The main waiting periods are:
Misdemeanors: Generally, five years must pass after conviction. During that time, no new convictions or pending charges may exist. All court-ordered terms, including jail, probation and parole, must also be complete.
Level 6/Class D felonies: Generally, at least eight years must pass after the conviction or three years after the sentence ends, whichever comes later. A shorter waiting period may apply when a court reduces the felony to a misdemeanor.
More serious felonies: Waiting periods vary by offense. Some require court approval, while others cannot be expunged. Checking eligibility first can help avoid a rejected petition.
Indiana law bars expungement for certain offenses, including some serious felonies. Because Indiana law limits a person to one expungement petition for conviction records, the filing must include every eligible conviction from every county. Convictions left out of the original petition cannot generally be expunged at a later date.
Reviewing Indiana records before filing
Indiana expungement can limit public access to criminal records, but eligibility depends on the record type, arrest date and sentence status. Because conviction records generally allow only one petition, reviewing records from every county involved can help ensure no eligible case is missed.]]>by Abels Law Office<![CDATA[Can someone be charged with battery for defending someone else?]]>https://www.matthewabelslawoffice.com/?p=470592026-08-27T08:09:11Z2026-08-13T21:30:13ZWhen can defending another person lead to a battery charge?
Police can make an arrest when someone claims they acted to protect another person, even when witnesses give conflicting accounts of who initiated the confrontation. Witnesses may disagree about who started the fight, whether the other person faced an immediate threat or whether the person who intervened used too much force. Indiana law permits a person to use reasonable force to shield another from an imminent unlawful attack. The response must be proportionate to the threat. If the danger passes but the person who intervened continues to strike or restrain the other person, a battery charge may follow.
Evidence that may support a lawful intervention
Evidence can help show whether an intervention to protect another person was legally justified. Key evidence may include:
Surveillance footage: Footage can capture the alleged aggressor's actions, the moment the intervention began and when the force ceased.
Witnesses and the sequence of events: Witness statements and records can show who initiated the conflict, how events unfolded, the point of intervention and when the force ended. They can also help resolve conflicting accounts of the incident.
Photos and medical evidence: These records can show injuries and may help explain whether the response matched the threat.
Text messages and social media: Earlier texts, social media posts and direct messages can show the relationship between the parties, any prior threats and what led to the confrontation.
Police reports: These documents may include officer observations, witness statements, and key details recorded at the scene.
A successful defense rests on concrete facts and available proof, not merely on claiming the act was intended to protect someone.
Protect the case from the start
A battery charge can turn an effort to protect someone into a serious legal matter. Saving video, witness accounts, messages and injury photos early can help build a stronger defense. A criminal defense lawyer can evaluate the facts, assess whether Indiana’s defense-of-others law applies and show how the evidence supports the case. Early legal review can help preserve critical documentation and avoid statements that could harm the defense.]]>On Behalf of Abels Law Office<![CDATA[What is drug diversion, and who qualifies in Indiana?]]>https://www.matthewabelslawoffice.com/?p=470582026-08-05T07:19:48Z2026-08-05T07:19:48ZHow drug diversion programs work
Drug diversion gives some people a chance to complete a structured program instead of following the usual court process. The goal is to address substance use promoting accountability while addressing substance use. These programs often include treatment, education and regular supervision.
Each county may manage its program differently. Participants may need to attend treatment, take drug tests, meet with program staff and avoid new arrests. Every requirement matters because failing to complete the program can affect the outcome of the case. Before entering a program, you must first meet the eligibility rules.
Factors that determine eligibility
Not everyone charged with a drug offense can enter a diversion program. Eligibility depends on the facts of the case and the rules used by the local court or prosecutor. Indiana law allows courts to operate problem-solving courts, including drug courts, for eligible participants under Indiana Code § 33-23-16.
Several factors may affect eligibility:
The type and seriousness of the drug charge
The person’s criminal history, including any prior convictions
The person’s willingness to follow program rules
Approval from the court, the prosecutor or both, depending on the program
Meeting these requirements is only the beginning. Participants must also complete the program successfully.
What successful completion may mean
People who enter a diversion program must follow every condition. They may attend treatment, report to program staff, complete drug testing and stay out of legal trouble. Someone who finishes the program may receive a more favorable outcome, depending on the program and the facts of the case. If a participant does not meet the program's requirements, the criminal case usually returns to the regular court process.
Eligibility and program requirements can vary by county and by the specific charge. Understanding these options early can help you make informed decisions after a drug charge. If you have questions about this topic, consider seeking guidance from a legal professional.]]>On Behalf of Abels Law Office<![CDATA[Do informants get immunity or reduced drug charges?]]>https://www.matthewabelslawoffice.com/?p=470572026-07-09T09:33:03Z2026-07-09T09:33:03ZIn many cases, informants have helped the police dismantle drug networks across Indiana. However, if law enforcement promises to waive charges against them, should they trust it? Understanding who has the authority to make those decisions can help you set realistic expectations before agreeing to cooperate.
Do police have the authority to reduce or dismiss charges?
Verbal promises made by law enforcement officers are generally unenforceable by the court. In Indiana, the police don’t have the legal power to reduce or dismiss criminal charges. Only a county, state or federal prosecutor has the authority in this matter. Unless the individual secures a written promise or order from the prosecutor, there is no guarantee that cooperation will result in reduced or dismissed charges.
What are some expectations from the informants?
Becoming an informant has its own risks. As an informant, one has to:
Be a part of drug bust operations
Wear a hidden recording device
Introduce undercover officers to suppliers
Furthermore, this process can extend for multiple operations until the significant objectives are met. Even when someone cooperates, the prosecutor may decide that the circumstances do not justify reducing or dismissing the charges. In criminal defense, each case depends on its own facts, the value of the cooperation and the prosecutor's discretion.
Why is it risky to do without an attorney’s help?
There are multiple unwritten and written rules that one has to follow while negotiating a deal. That is why having a criminal defense attorney who is familiar with established practices and expectations could greatly help someone who wants to become an informant and get their charges dropped. ]]>On Behalf of Abels Law Office<![CDATA[How does the implied consent law work in Indiana?]]>https://www.matthewabelslawoffice.com/?p=470562026-06-24T13:16:17Z2026-06-24T13:16:17ZIt is crucial for the drivers of Indiana to know about the implied consent law, especially if law enforcement officers suspect them of operating a vehicle while intoxicated. Having a good grasp of how and where this particular law applies can come in handy if a situation involving law enforcement officers ever arises in the future.
What is “implied consent law”?
According to the implied consent law, anyone driving in Indiana automatically consents to a certified chemical test (blood, urine or breath) if the police suspect you of driving under the influence. Initially, during a traffic stop, the law enforcement officer will take a field sobriety test. If you fail the test or refuse to take one, they may then verbally inform you about the consent law and ask you to take a certified chemical test. They should offer this test within three hours of the suspected violation.
Can you refuse to take the test?
While you are allowed to physically refuse the test, you might face administrative and civil penalties. Some of the legal consequences you may face include:
Losing a driver’s license for one year through an automatic suspension, no matter the ultimate verdict the court hands down
Forfeiting your eligibility for standard specialized driving privileges
Allowing the prosecution to use your refusal as evidence of guilt during your trial
In case the driver refuses to take the test, the police might still be able to get a warrant from the court to proceed with a blood test to determine the presence of alcohol or drugs.
How does the court evaluate the OWI case?
In the spirit of ensuring fair judgment, Indiana courts typically evaluate the specific circumstances surrounding a traffic stop, providing an opportunity to clarify the situation. For example, if a law enforcement officer fails to follow standard procedures or neglects to inform a driver of the legal ramifications of refusing a chemical test, the resulting license suspension may be open to a legal challenge. Furthermore, a lack of probable cause for the initial vehicle stop can serve to bolster a defense.
How a legal guide may help
Identifying procedural errors requires an eye for details and knowledge of state statutes. If you come to face this situation, it is prudent to rely on legal counsel experienced in OWI cases to evaluate the technical details of their stop.
]]>On Behalf of Abels Law Office<![CDATA[What to expect for a first-time DUI in Broad Ripple]]>https://www.matthewabelslawoffice.com/?p=470552026-06-22T09:38:15Z2026-06-22T09:38:15ZDriving for work and managing a license suspension
You may face an administrative suspension through the Indiana Bureau of Motor Vehicles (BMV), depending on the circumstances of your arrest and chemical test results. If you drive daily for work, you should look into driving privileges which would allow you to continue operating your vehicle. Furthermore, because you must remain vigilant regarding all legal deadlines, you should thoroughly document your schedule and familial requirements to substantiate your need for continued driving privileges regardless of the outcome of your case.
Possible DUI case outcomes
A charge for DUI will not immediately lead to penalties. You could see your case dismissed, reduced to a lesser charge or end in a conviction with probation. Your outcome depends on the evidence from that night, including your roadside tests. While first-time offenders may be eligible for negotiated plea agreements or reduced non-OWI charges depending on the facts, standard pretrial diversion programs are statutorily barred for operating a vehicle while intoxicated charges under Indiana law. If you take an early alcohol assessment, you can show the court you are taking this situation seriously and being responsible.
Preparing for your initial hearing also helps show the court that you are cooperative and serious about doing the right thing.
How to prepare for your initial hearing
At your arraignment, you will learn your official charges, receive future court dates and may have to stand before a judge in person. To make sure you are ready for this moment, you should focus on these steps:
You should bring your photo ID, all your arrest paperwork and your towing receipts.
You will need to explain your daily commute and how you travel to see family.
You should dress professionally and make sure you arrive at the courthouse early.
When you know what to expect and have your documents ready, you will feel much more in control of the process.
Managing insurance, employment and legal costs
There is more to a DUI charge than just potential criminal and driving penalties. You should prepare for your insurance rates to go up and if your job requires you to drive, you might need to disclose the situation to your employer. You will need to budget for fines, towing fees and BMV costs while keeping all your receipts organized. You must act fast to meet deadlines for interlock devices or filings. While the weight of this arrest feels heavy right now, you can protect your future by learning the suspension rules and exploring your defense options.
A first-time DUI charge can create uncertainty about your license, employment and future record. By addressing court deadlines, evaluating available defense strategies and exploring driving privilege options early, you can make informed decisions as your case moves forward.]]>by Abels Law Office<![CDATA[Can an Indiana expungement help after a failed background check?]]>https://www.matthewabelslawoffice.com/?p=470502026-06-09T18:42:39Z2026-06-09T18:33:47ZHow criminal records can affect employment opportunities
Many employers use background checks when hiring new employees or considering current employees for promotions, transfers or higher positions. These screenings may include information from court records and public databases.
Unless a record is sealed or expunged, it can stay visible for years. Some screening companies maintain old records in private databases. Depending on the circumstances, outdated or inaccurate information may continue to appear until the records are updated.
Which Indiana offenses may qualify for expungement?
Indiana law allows some criminal records to be expunged. Eligibility depends on the type of offense, the outcome of the case and how much time has passed. Key factors include:
Misdemeanor convictions: Certain misdemeanor convictions, including some DUI cases, may qualify for expungement after five years. Before filing, individuals should complete all terms of their sentence. This includes probation, fines, fees and restitution.
Dismissed charges and arrest records: Arrests and charges that did not lead to a conviction may qualify for expungement after one year. This includes dismissed charges, dropped cases and not-guilty verdicts.
Waiting period requirements: There is a waiting period before filing an expungement petition. The length of this period depends on the offense. Courts require that all fines are paid and no criminal charges are pending.
Legal review before filing: Indiana generally allows only one opportunity to expunge convictions. A full review of arrests, charges and convictions helps find eligible records and avoid mistakes. Guidance from an attorney can help ensure the petition includes all qualifying offenses and meets the state's legal requirements.
These steps help identify records that qualify for expungement and show how clearing them may improve job opportunities.
Expungement as a fresh start
A failed background check can create setbacks, but it does not end future opportunities. For some individuals, the Indiana expungement process may help clear the effects of a past record. It may also improve access to jobs, promotions and professional licenses.
]]>On Behalf of Abels Law Office<![CDATA[Underage DUI accident in Indiana: A crisis guide for parents]]>https://www.matthewabelslawoffice.com/?p=470492026-05-22T10:58:35Z2026-05-22T10:58:35ZDuring DUI arrests, the first few hours are important and what you do in these hours will change the track of the case. Learn the vital steps you have to take to protect your child and understand what is at stake.
What should you tell your child right after a DUI arrest?
When you learn about your child’s arrest, don’t let anger take over you. Your child is already scared and confused. What they need from you is assurance and clarity. Here are some steps you can take that could help them through this ordeal:
Instruct your child to cooperate with the police.
Let them know that they have the right to remain silent and demand an attorney.
If possible, collect important details such as arrest location, time and the BAC score recorded.
Contact a DUI attorney right away.
After giving adequate instruction, you can head to the police station where your child is currently detained.
How does Indiana law actually punish underage DUIs?
Indiana follows a Zero Tolerance policy when it comes to underage DUI. The blood alcohol content (BAC) limit for a person below 21 years is less than 0.02%. If it is higher than that, your child may land in legal trouble. Consequences may include:
A penalty of up to $500
Suspension of license for up to one year
Possible jail time if the BAC exceeds 0.08%
It is important to note that the punishment and penalty may increase or decrease depending upon the BAC.
Will an underage DUI affect your child's career plans?
When a police officer arrests your child under charges of DUI, it can significantly affect their education and career. Your child may face difficulty securing college admissions, receiving scholarship or even finding a job. Apart from this, the family’s auto insurance premiums may double or even face policy cancellation.
How can legal guidance help you here?
An arrest doesn’t automatically make your child guilty. From faulty breathalyzers to procedural errors, there are numerous ways a charge can be contested. If you partner with an experienced DUI attorney, you can challenge the state’s evidence, fight for a reduced penalty and challenge license suspension.]]>by Abels Law Office<![CDATA[Indiana drug offenses: Serious consequences and CPS involvement ]]>https://www.matthewabelslawoffice.com/?p=470462026-05-20T12:36:08Z2026-05-18T11:12:46ZUnderstand drug charges and legal consequences
Indiana classifies drug offenses as misdemeanors or felonies based on the drug type, amount and your criminal record. Meth, heroin, fentanyl and cocaine usually bring harsher penalties. Marijuana is illegal, but penalties are often less severe.
Based on the evidence, law enforcement could charge you with possession, sale, manufacturing or intent to sell drugs. Larger amounts often lead to more serious charges.
In Indiana, a drug offense may lead to fines, probation, or jail. You may also lose cash, vehicles, or real estate if law enforcement claims they were connected to drug activity.
CPS involvement in drug offenses
The Indiana Department of Child Services (DCS) oversees Child Protective Services (CPS) cases. CPS may intervene in situations like:
Risk to child: CPS may act if police believe drug activity has placed your child in danger.
Arrest of a parent or guardian: If police arrest you on a drug charge, CPS may evaluate your child's safety and living conditions.
Unsafe living conditions: CPS may intervene if drug use, drug storage or drug-related behavior makes your home unsafe.
Exposure to drug activity: Exposure of children to drug use, drug manufacturing or drug sales can prompt CPS to intervene.
A CPS investigation can affect your custody and visitation rights. Getting legal counsel as soon as possible can help you protect your rights and keep your child safe.
Planning your next steps
A drug offense can bring serious consequences. CPS may become involved if your children are affected. You may face criminal penalties and risks to your parental rights. Acting early can help reduce penalties and provide important legal options, especially when legal guidance is involved from the beginning.]]>On Behalf of Abels Law Office<![CDATA[What external factors can affect an Indiana field sobriety test?]]>https://www.matthewabelslawoffice.com/?p=470442026-04-28T14:18:38Z2026-04-28T14:18:38ZRoadside conditions
Weather and road conditions may affect your performance during these tests. For example, rain, snow or ice could make it difficult to maintain your balance performing the walk-and-turn or one-leg stand tests. Uneven pavement, gravel or sloped surfaces may also affect your stability.
Poor lighting conditions at night might also make it harder to see where you are supposed to walk during certain tests. Other factors, such as wind and extreme temperatures, could affect your balance and coordination.
Your physical health
If you have certain medical conditions, such as inner ear problems, knee injuries or back pain, you may find it harder to keep your balance. In some cases, performing field sobriety tests could make your symptoms flare up, causing you pain or making it difficult to concentrate. Certain medications might affect your coordination or cause dizziness. Your age and weight may also influence your ability to perform these tests.
The importance of documenting external conditions
If roadside factors or medical conditions affect your performance during a test, it might help to document them. In Indiana, you generally have the legal right to record police interactions or take photographs of roadside conditions, so long as you do not get in the way of an officer’s duties.
Similarly, if you have any injuries or health conditions, it may be beneficial to obtain medical records. This could provide you with evidence if you need to protect yourself in court.
Protecting yourself during a traffic stop
Understanding these limitations does not mean you should refuse testing all the time, but it is worth remembering that field sobriety tests are not entirely foolproof. In a traffic stop, it might help to mention any relevant physical conditions or environmental concerns to the officer. Being mindful of external factors may help you protect yourself from a wrongful OWI charge.]]>