Facing an OWI (Operating While Intoxicated) charge in Indiana is a serious legal matter with potentially life-altering consequences. Whether you’re a first-time offender or have prior charges, the impact of a conviction can include steep fines, license suspension, increased insurance costs, and even jail time. For those who hold a Commercial Driver’s License (CDL), the stakes are even higher—your career may be at risk. This guide will walk you through practical legal strategies for fighting an OWI in Indiana, including how to challenge the evidence, protect your CDL, and leverage experienced legal counsel to pursue the best possible outcome. If you’re asking how to fight a DUI in Indiana or wondering whether you can get a CDL with a DUI in Indiana, this comprehensive overview is designed to answer your questions. Contact our Indiana OWI defense attorneys today to schedule a confidential consultation and start building your case. Challenging the Legality of the Arrest The first step in developing a strong DUI or OWI defense in Indiana often involves examining the legality of the initial traffic stop and subsequent arrest. Law enforcement officers must adhere to specific constitutional and procedural requirements when pulling someone over, conducting sobriety tests, or placing them under arrest. If any of these procedures are improperly handled, the evidence obtained during the stop may be excluded from court. For example, a police officer must have reasonable suspicion to initiate a traffic stop. Without it, the stop may be considered unlawful. Additionally, if the officer failed to read your Miranda Rights or coerced a statement, that evidence could be challenged. An experienced defense attorney will scrutinize every step of the arrest process to determine if your rights were violated. Disputing the Evidence Against You Much of the prosecution’s case in an OWI charge hinges on chemical testing results, including breathalyzer and blood alcohol tests. However, these tests are not infallible. Several factors can affect their reliability: Improper calibration of breathalyzer devices Operator error during administration Contamination or mishandling of blood samples Medical conditions (e.g., diabetes, acid reflux) that mimic intoxication symptoms By carefully reviewing lab procedures, equipment maintenance records, and video footage, your attorney can challenge the accuracy and admissibility of the evidence. Cross-examining the arresting officer or technician may also reveal procedural missteps that cast doubt on the prosecution's case. Understanding the Impact on CDL Holders If you are a commercial driver, you may be wondering: can you get a CDL with a DUI in Indiana? While it is possible, a DUI or OWI conviction can result in a disqualification of your Commercial Driver’s License for a minimum of one year—even for a first offense. If you were operating a commercial vehicle at the time, the penalties are even more severe. Because a CDL is often a person’s livelihood, it’s essential to fight the charge aggressively. An attorney can help you explore all available defenses or negotiate a reduced charge to protect your driving privileges and your career. Leveraging Experienced Legal Counsel A seasoned Indiana DUI attorney brings deep knowledge of state-specific laws, local court procedures, and prosecutorial strategies. More importantly, they understand the nuances that can make or break a case. From identifying police misconduct to negotiating with the prosecution, having the right legal representation increases your chances of avoiding a conviction or securing a favorable plea agreement. An attorney will also help you explore diversion programs or deferred prosecution, which may allow you to avoid a criminal record entirely. In some cases, you may qualify for a conditional license that permits limited driving during a suspension. Additional Legal Strategies Besides challenging the arrest and evidence, other legal tactics may strengthen your defense: Motion to suppress evidence due to an illegal search or seizure Cross-examining field sobriety tests, which are often subjective Witness testimony to contradict the officer's report Use of expert witnesses to refute scientific or technical evidence These strategies require a detailed understanding of Indiana DUI laws, which is why personalized legal counsel is critical to your success. What to Expect After a DUI/OWI Arrest in Indiana After being arrested for an OWI in Indiana, you will likely face a series of legal and administrative consequences. Here’s what you can expect: Immediate license suspension through an administrative process Arraignment hearing, where charges are formally presented Pre-trial motions and plea negotiations Trial, if the case is not resolved beforehand You may also be required to install an ignition interlock device, complete a substance abuse evaluation, and fulfill court-mandated education programs. A qualified attorney can guide you through each of these steps, ensuring that deadlines are met and rights protected. Common OWI Defenses That Work in Indiana Some of the most effective defenses to OWI charges include: Lack of probable cause for the initial stop Inaccurate or uncalibrated breath testing equipment Improperly administered field sobriety tests Medical conditions affecting test results Mishandling or contamination of blood samples A strong defense often involves combining several of these strategies and building a cohesive narrative that creates reasonable doubt. Frequently Asked Questions How can I beat an OWI in Indiana? You can beat an OWI by challenging the legality of the stop, disputing the accuracy of chemical tests, and demonstrating errors in police procedures. A qualified attorney will tailor the defense to the specifics of your case. Can you get a CDL with a DUI in Indiana? You can apply for or retain a CDL after a DUI, but you may face a one-year disqualification. Defending against the charge is crucial to preserving your commercial driving rights. What are the penalties for a DUI in Indiana? Penalties include fines, jail time, mandatory education programs, and license suspension. For repeat offenders or those with aggravating factors, the penalties increase significantly. Will I go to jail for a first DUI offense? Jail time is possible but not guaranteed. Many first-time offenders are eligible for diversion or probation, especially with strong legal representation. Is it worth hiring a DUI attorney in Indiana? Yes. Legal representation can lead to reduced charges, dismissal, or lighter penalties. Attorneys also ensure that your rights are upheld throughout the process. Take Action Today Being charged with an OWI in Indiana is a serious matter, but it’s not one you have to face alone. From protecting your license to avoiding a criminal conviction, our legal team is committed to helping you achieve the best possible outcome. If you’re wondering how to fight a DUI in Indiana or concerned about your CDL eligibility, we can help. Contact us today for a personalized case evaluation and get the legal defense you deserve.
Can I File a Claim If I Was Partially at Fault?
If you have suffered injuries after an accident in Dyer, IN, you may be able to claim compensation. A personal injury lawyer can help you file a claim to recover your losses. This can include economic losses as well as pain, suffering, and other non-economic damages. However, if you were partially at fault for the accident, different rules may apply that reduce the amount of damages you can claim. What Happens If I Am Partially at Fault for an Accident? Indiana follows modified comparative negligence laws that permit compensation claims for anyone found to be less than 51% at fault. This is often referred to as the "51% rule." If you are found to be 51% or more at fault, you will not be able to file a claim for damages, regardless of how serious your injuries may be. At the start of a claim, you will not know what percentage of fault will be attributed to you. For this reason, it's essential to consult an experienced attorney who can help prove the other party bears greater responsibility. more Will I Receive the Same Amount of Compensation? The final settlement awarded will reflect the extent of your responsibility, if any. The payout will be reduced by the corresponding percentage of fault that's attributed to you. For example, if you are found to be 30% at fault for an accident, your compensation will be reduced by 30%. This is why determining an accurate degree of fault is so important in a claim. Punitive damages are an exception to this rule, although they are rarely awarded. Unlike compensatory damages, punitive awards serve to punish the defendant. A court will typically award punitive damages only where there is proof that the other party deliberately and intentionally engaged in unlawful conduct, with the knowledge that it was likely to result in injury. If punitive damages are awarded, they will not be reduced to reflect fault. How Soon Should I Consult a Personal Injury Lawyer? It's strongly advisable to consult a personal injury attorney as soon as possible. This is because insurance companies often exert pressure on injured parties to accept a greater proportion of the blame than is fair. As described above, this will have a direct influence on the amount of compensation you will receive. An attorney can negotiate with the insurer on your behalf, presenting the strongest possible case. If you are unable to reach a fair agreement, an attorney can help you to file a lawsuit. Hiring an attorney early in the process can help you handle the insurance claim in the most effective way. It will also provide your attorney with the opportunity to gather evidence while it is fresh. With more than 10 years of experience in personal injury, we are proud to serve clients throughout Northwest Indiana including Dyer, Merrillville, St John, and Schererville. Contact our office today at Tanzillo Stassin & Babcock P.C. in Dyer, IN to schedule a free, initial consultation.
What Are the Steps to Filing a Personal Injury Lawsuit in Indiana?
If you have been injured in Merrillville, IN, you will need a personal injury attorney to give you the best chance of securing fair compensation. An attorney can carry out investigations to ascertain liability as well as filing a claim with an insurance company. If no settlement can be agreed, a lawsuit will be required which may involve mediation or a full trial. An attorney can assist with all steps of this process to present a strong case. Gather Evidence If you are seriously injured, you may not be able to collect any evidence when the accident occurs. However, if you are able, it's advisable to get as much information as possible from the scene of the accident. This could include photos and video footage, as well as details of any eyewitnesses. more Consult a Personal Injury Attorney Don't delay in consulting an attorney as they can assist with all aspects of your claim. Hiring an attorney early in the process allows evidence to be gathered while it is fresh, giving you the best chance for a successful outcome. Conduct Investigations Indiana follows modified comparative negligence laws, which means that you cannot receive compensation if you are more than 50% responsible for the accident. Your attorney will therefore carry out essential investigations to prove the other party was at fault. This may include assessing whether there is any additional third-party liability, such as mechanical failure. File an Insurance Claim Once your attorney has documentation to prove liability, they will file a full claim with the insurance company. Your attorney will demonstrate why the other party is liable and outline the compensation you are requesting. Negotiate a Settlement The insurance company may reject the claim for compensation and may attempt to claim that you were liable. Your attorney will negotiate to prove your case. The claim will only be closed if the insurance company offers a settlement that fairly compensates you for your injuries. File a Lawsuit If you have not been able to reach a settlement with the insurer, the next step is filing a lawsuit. This involves filing documentation with the appropriate court. Filing a lawsuit can be quite lengthy and there are time-sensitive deadlines that must be met. You will also have to exchange evidence with the other party in a process known as discovery. Attend Mediation In some types of claims, mediation is mandatory. In other cases, it may be ordered by the judge before a full trial begins. Mediation provides an opportunity for both parties to reach an agreement in a less formal environment. However, although both parties must negotiate in good faith, it's not mandatory to reach a settlement. Go to Trial If no settlement can be reached through mediation, the claim will proceed to a full trial. You will have the option of requesting the case be heard by either a judge or full jury. Trials can be risky, but a skilled attorney gives the best opportunity of securing a successful outcome. Many lawsuits settle before reaching trial. We have an outstanding track record with personal injury claims and are proud to serve clients across Northwest Indiana. Contact us today at Tanzillo Stassin & Babcock P.C. in Dyer, IN to schedule a free initial consultation.
How Long Do I Have to File a Personal Injury Lawsuit?
A personal injury can be life-changing, leaving you to grapple with both physical and psychological challenges. As a result, you may feel unable to face making a claim immediately. A personal injury lawyer can provide invaluable assistance, but it's vital to contact one before the deadline expires. Below, we examine the time limits for filing a claim in Dyer, IN along with any applicable exemptions. How Long Do I Have to File a Personal Injury Lawsuit in Dyer, IN? The statute of limitations is the legal term used to describe how long you have to file a lawsuit. In Indiana, personal injury claims must usually be filed within two years of the injury occurring. If your claim is against an Indiana government agency, the deadline is significantly shorter. The Indiana Tort Claims Act takes precedence over the usual rules and only allows 270 days to make a claim. This period is shortened further to 180 days for any claim against a government political subdivision. more What Happens If You Don't File a Lawsuit in Time? The statute of limitations applies to the initiation of legal action, not the final resolution. As long as you file your claim within the permitted period, you won't be time-barred. If you fail to initiate action within the permitted period, the court may dismiss your case entirely. This means you won't be able to claim any compensation, even if your injuries are severe. However, there are some exemptions that apply to the statute of limitations. The criteria surrounding these can be complex, so it's important to talk to a lawyer to see if you qualify. What Exemptions Apply to the Statute of Limitations in Indiana? There are some situations where the standard statute of limitations doesn't apply. Some common exemptions include: Disability If a legal disability, such as mental incapacity, prevents you from being able to file a claim, the deadline may be extended until you have sufficiently recovered. Late Discovery Some injuries may not be evident until much later, such as with asbestos exposure. In these cases, the statute of limitations begins when you become aware of the injury (or illness). Minors If the injured person is a minor, the statute of limitations doesn't start until they reach 18 years of age. Concealment or Deception If vital information was concealed or fraud has occurred, a court may be willing to extend the permitted time. Non-Residency If the defendant was an Indiana resident but moves out of the state during the two-year period, the clock will be paused until they return. Talk to a Personal Injury Lawyer Although Indiana sets clear deadlines for filing personal injury lawsuits, it's vital to consult a lawyer before making a decision. Exemptions may apply to your case, which could allow you to file even after the standard deadline has passed. With more than 100 years of combined experience, we can help with your personal injury claim. Contact our team at Tanzillo Stassin & Babcock P.C in Dyer, IN for a free initial consultation. We proudly serve Northwest Indiana including Dyer, Merrillville, St John, Schererville, and all the surrounding areas.
What Evidence Do You Need to Prove Fault in a Personal Injury Claim?
If you have been injured in an accident or incident in Dyer, IN that wasn't your fault, you could be entitled to compensation. An experienced personal injury attorney like those in our Indiana office can provide you with personalized advice. Gather As Much Evidence As You Can In a personal injury claim, the more evidence you can gather, the better. Your attorney can disregard anything they don't need, so don't be afraid to collect every detail available. The types of evidence you might want to gather could include the following: more Full Details of the Incident Start with the basics of the incident, including exactly what happened and where it took place. Provide details of any other parties involved and their actions, such as another car driver who collided with you or a worker who knocked you over. Provide diagrams if needed to make it clear what happened. Witness Statements Firsthand accounts from independent bystanders can be invaluable in a personal injury claim. A witness statement could significantly help your case, especially if there is more than one person to verify exactly what happened. As a minimum, try to collect the names and addresses of potential witnesses as your lawyer may want to contact them later. Police and Emergency Services Reports Any reports from the police or emergency services can be particularly compelling. This is because they are truly independent and have no vested interest in the outcome. Police reports can help to accurately describe the scene of an accident and may make it easier to prove the other party was at fault. Medical Reports You should always seek medical advice, even if you don't think your injuries are that bad. It's easy to miss an injury that only becomes apparent later. This is particularly the case if you have a bump to the head. Medical reports from the time of the incident will be able to confirm that you were injured, and the full extent of the injuries you suffered. Costs and Expenses The financial impact of an injury can be far-reaching so keep proof of all your expenses from the start. This could include receipts for things you've had to buy, such as medical supplies, and the costs of any additional expenses. This could include traveling to medical appointments and parking. You should also include loss of wages or earned income, if this applies. Seek Advice From a Personal Injury Attorney The sooner you appoint an attorney to act on your behalf, the more effective they are likely to be. Early involvement from your attorney allows them to gather evidence while it is still fresh. This can make the difference between success and failure, especially if there are attempts to hide evidence or cover up negligence. Whether another party has been negligent or there has been deliberate actions, we can help with a personal injury claim. Give us a call today at Tanzillo Stassin & Babcock P.C in Dyer, IN and book a free initial consultation.
Dealing with Insurance Companies After an Injury in Dyer, IN
If you’ve suffered an injury in Dyer, IN, one of the toughest challenges you’ll face is dealing with insurance companies. Insurers work aggressively to minimize payouts, often at the expense of injured victims. Knowing your rights and understanding how to negotiate a fair settlement is crucial for protecting your financial future. At Tanzillo Stassin & Babcock, P.C., our experienced personal injury lawyers help clients throughout Northwest Indiana, including Dyer, navigate the complexities of insurance claims and negotiations. Our local knowledge and legal experience can level the playing field against powerful insurance companies. Properly Evaluating Your Personal Injury Claim A successful insurance claim begins with a thorough and honest evaluation of all your damages—including medical bills, lost wages, pain and suffering, and any long-term impacts. Insurers frequently offer quick settlements hoping you’ll undervalue your own losses. Make sure to include all expenses (immediate and future). An experienced Dyer personal injury attorney can help you calculate the true value of your claim and ensure nothing is overlooked, especially the long-term effects that often get missed. Gathering and Preserving Evidence Strong evidence is the backbone of a successful insurance claim. Your attorney will help you collect and organize crucial evidence, such as: Police and medical reports Photos of injuries and accident scenes Witness statements Documentation of expenses and lost income Learn more about car accident evidence collection Effective Communication with Insurance Adjusters Insurance adjusters are trained to ask questions that can weaken your claim. They may pressure you to give a recorded statement or to admit partial fault. Never admit fault or provide a recorded statement without legal counsel. Let your attorney handle all communications to avoid saying something that could be used against you later. How to Negotiate a Cash Settlement with an Insurance Company Negotiation is a critical step that can dramatically affect your settlement amount. Here’s how to approach it strategically: Set a Realistic Settlement Goal: Calculate your damages and decide on a minimum acceptable amount before negotiations start. Don’t Accept the First Offer: Initial offers are usually low. Politely decline and ask for a detailed explanation of how they arrived at that figure. Support Your Claim with Documentation: Provide clear, organized evidence for every claimed expense. Stay Professional and Persistent: Keep communications businesslike and keep records of all correspondence. If you feel overwhelmed, consult an experienced attorney in Dyer, IN—having a legal professional negotiate for you often results in higher settlements. How to Negotiate Reimbursement Rates with Insurance Companies If you’re facing reimbursement challenges for medical bills or other costs: Review your policy so you understand your coverage. Be ready to appeal if your claim is denied or underpaid; request written reasons and use that information to build your appeal. Present comparable data using documentation of market rates or other settlements to support your case for fair reimbursement. Negotiating reimbursement rates can be complex—legal guidance is strongly recommended. Navigating Legal Procedures and Deadlines Missing a filing deadline or required document can jeopardize your entire claim. Your attorney will ensure: All paperwork is submitted accurately and on time You meet all Indiana-specific statutes of limitations (generally two years for personal injury claims) Avoiding Common Mistakes When Dealing with Insurers Victims often make these critical mistakes: Admitting fault or apologizing Settling too quickly Exaggerating or being dishonest Posting on social media about the accident or your injuries Failing to seek timely medical care An attorney can help you sidestep these traps and maximize your settlement. What to Do Immediately After an Injury Accident in Dyer, IN Ensure safety and move to a safe place if possible. Report the incident to the police. Document everything—take photos and get witness information. Seek medical attention, even for minor injuries. Consult a local attorney before talking to insurance companies. See our full Car Accident Checklist What Makes Dyer, IN Insurance Claims Unique? Indiana’s comparative fault rules affect how much compensation you can recover. Local carriers may have different practices than national brands. Local attorneys often have access to better local expert witnesses and medical providers. Frequently Asked Questions How long do I have to file a personal injury claim in Indiana? Indiana law typically gives you two years from the date of your injury to file a lawsuit. Learn more about deadlines. What if the insurance company offers me a low settlement? Never accept an initial offer without review. Most first offers are below fair value. Let an attorney negotiate on your behalf. How do I negotiate a cash settlement with an insurance company? Gather documentation, don’t rush, and stay firm on your actual damages. Consult with a Dyer, IN injury attorney for professional negotiation support. Can I negotiate reimbursement rates with insurance companies for my medical bills? Yes. Use your policy language, provide competitive data, and be prepared to appeal. A lawyer can help maximize your reimbursement. What steps should I take if I was partially at fault for the accident? Indiana’s comparative fault laws mean you may still be eligible for compensation, but your award will be reduced by your percentage of fault. Why Choose Tanzillo Stassin & Babcock, P.C. in Dyer, IN Decades of combined experience with Indiana insurance law Personalized, hands-on attention to every case Local knowledge and strong relationships with area medical providers and courts Contact our Dyer, IN office today for a free consultation. Schedule Your Free Consultation Contact our Dyer, IN office today for a free, no-obligation case evaluation. Call 219-339-4174 to speak directly with a local attorney. Need more information? Browse our Personal Injury FAQs or visit our blog.
Drug Charges in Indiana: Legal Defenses and Strategies
The state of Indiana takes drug-related offenses very seriously. While being charged with a drug crime can turn your life upside down, it doesn't mean you're out of options. An experienced drug defense lawyer in Dyer, IN, will assess your case, employ the appropriate strategies, and fight for the best possible outcome. Drug Laws in Dyer, IN Indiana classifies controlled substances into five schedules according to abuse potential and accepted medical use. Schedule I drugs, like heroin and LSD, carry more severe punishments than Schedule V substances, which include prescription medicines such as codeine. Penalties vary by the type and quantity of drugs involved in your case. A felony drug charge can lead to incarceration, fines, and damage to your personal and professional life. more Common Strategies Used by Your Drug Defense Lawyer Unlawful Search and Seizure The Fourth Amendment protects against unreasonable searches. Your attorney may argue that the evidence against you is inadmissible in court if law enforcement obtained it through an illegal search or without a valid warrant. Lack of Possession or Knowledge To secure a conviction in a drug crime case, the prosecution needs to prove intent to distribute the drugs or that you knowingly possessed them. If drugs were found in a vehicle you were in but didn't belong to you, your lawyer could argue that you weren't aware of the illegal substances. Police Entrapment Law enforcement sometimes engages in tactics that border on entrapment, especially during undercover operations. Your lawyer may argue entrapment as a defense if police officers' involvement led to you committing a crime you otherwise wouldn't have. Chain of Custody Errors The prosecution must show that the drugs were adequately handled from the time of seizure to the time of trial. Your attorney may argue to exclude the evidence if there are any errors in how it was collected, stored, or transferred. Improper Drug Testing Procedures Accurate testing is necessary for the prosecution to prove that the seized substances are the illicit drugs you've been accused of possessing. A skilled attorney may challenge the accuracy of drug tests if there is suspicion of contamination or unreliable lab results. Alternative Sentencing Options Negotiating a Plea Bargain While not ideal, a plea bargain can reduce charges, result in a lower sentence, and help you avoid a lengthy public trial. Based on how strong the prosecution's case is, your lawyer can advise and help you decide whether a plea deal is the right option for you. Qualifying for a Diversion Program First-time and non-violent offenders may avoid a criminal conviction by attending a diversion program. The court may require you to commit to a drug treatment program and counseling instead of going to jail. Alternative options such as probation, house arrest, or community services may also be available based on your charges. Drug laws in the Hoosier state are complex. You want a devoted attorney to fight in your corner when facing criminal charges. Call Tanzillo Stassin & Babcock P.C. in Dyer, IN, today to schedule your free consultation. We serve clients from all over the Northern Indiana area at our Dyer and Merrillville offices.
Navigating the Probate Process in Indiana: 8 Questions to Ask Your Lawyer
In Indiana, probate is required when a person dies owning assets in their name alone. Probate is the legal procedure through which a deceased person's assets are distributed according to their will or, if there is no will, state law. Here are some answers from a probate lawyer in Dyer, IN, to questions that often arise around probate. What Does the Probate Process Involve? The probate process is initiated by filing the will of the deceased with the local court so that the person named in the will can be appointed as the personal representative, or executor, of the estate. If no will exists, an heir can initiate probate, and Indiana law will determine how assets are distributed. The personal representative must file key documents with the court, pay the deceased's debts out of the estate, and then distribute assets to the heirs. more Can Probate Be Avoided? Some assets can bypass probate if they were jointly owned or had designated beneficiaries, such as life insurance policies or retirement accounts. Indiana also allows for a simplified process called "small estate administration" for estates under a certain value. What Are the Responsibilities of the Executor? An estate executor is responsible for collecting and creating a list of all assets owned by the deceased. They must file several documents with the court, including the will of the deceased (if one exists) and the petition to probate the estate. After that, the executor must settle the deceased's debts using the estate's assets, and then distribute the remaining assets to the heirs. How Long Will Probate Take? Probate in Indiana can vary greatly in length depending on the size and complexity of the estate. A small estate might be settled in a matter of months, while a larger estate with more complicated issues could take a year or more. How Are Debts and Taxes Handled? Debts and taxes must be paid out of the estate's assets, before the estate is distributed to the heirs. In Indiana, creditors have three months from the date they are notified of the death to file claims against the estate. Indiana has no inheritance tax, but any taxes on income in the last year of the deceased's life and income during the estate administration must also be paid out of the estate. What Happens If There Is No Will? If the deceased passed away without a will, known as dying “intestate,” Indiana law dictates how the estate will be distributed. The court will appoint an executor, and the assets will be divided according to the state's intestacy laws. Can Anyone Contest the Will? Even if there is a valid will, it's possible for someone to contest it during probate. Common reasons for contesting a will include allegations of undue influence, lack of capacity, or improper execution. What Happens After Probate Is Complete? After the probate process is finished, the estate's assets are distributed according to the will or state law. Depending on the estate, the executor may still have loose ends to tie up, such as transferring property titles or closing accounts. If you need help with probate or have additional questions, contact Tanzillo, Stassin, & Babcock, P.C. in Dyer, IN for guidance through every step.
Ask an Attorney: Why Is Estate Planning Important and Where Do I Begin?
Adults of all ages can benefit from creating an estate plan, especially if you have children, own property, or have health concerns. This guide from your Dyer, IN estate planning attorney explains why you need an estate plan even if you're still a recent grad or newlywed and gives you the details you need to get started. Importance of Estate Planning Estate planning protects your loved ones by ensuring that the intended recipients inherit your assets. Having a plan in place can prevent property and wealth disputes between family members. If you have minor children, you establish guardians in your will who will care for them if you cannot. Estate planning can also reduce the amount of inheritance tax your loved ones will owe. more Getting Started With the Will The estate plan consists of legal documents establishing your intentions and preferences if you die or become incapacitated. The will serves as the cornerstone of the estate plan for most people. It creates a plan for your assets and provides for children younger than 18 if applicable. You can also document wishes about your funeral, your final resting place, and related end-of-life concerns. Without a will, state law will determine these important issues. Your loved ones will not have the information and legal standing they need to fulfill your wishes. Power of Attorney Documents You may also want to establish a power of attorney, which designates someone to make decisions on your behalf if you can't decide for yourself. A healthcare power of attorney has responsibility for medical decisions. A financial power of attorney can pay your bills, manage property, and handle other financial matters when you cannot do so independently. You can also create an advance directive, which details the type of care you want at the end of your life. The Role of Trusts Trusts play a critical role in many estate plans. These financial vehicles allow you to reduce the size of your taxable estate while providing for beneficiaries such as loved ones and charitable organizations. You can select from many types of trusts designed to meet specific goals, such as a special needs trust to fund specialized medical care and education for a family member who has disabilities. When you create a trust, you transfer estate assets into the ownership of the trust. These assets will no longer count toward your taxable estate, reducing the eventual taxes your heirs must pay. You may also want to give assets to your beneficiaries during your lifetime to further reduce the tax burden. Making these important decisions can be complex, but you can reduce the stress by relying on the guidance of an experienced estate planning lawyer. They can advise about the documents you'll need and the steps you should take based on your financial situation and personal goals. Contact Tanzillo Stassin & Babcock P.C. in Dyer, IN to schedule an appointment with one of our trusted attorneys today.
Ask a Lawyer: What Are Your Rights When Arrested in Indiana?
You have certain legal rights when dealing with law enforcement, even if you've been arrested for a suspected crime. An experienced criminal defense lawyer can help you understand and protect these rights as your case moves through the justice system. Talking to the Police You do not have to speak to law enforcement if you get arrested. You have the right to ask for an attorney. You also have the right to remain silent about your case. Police can use any information you give them in court. You don't have to answer questions about where you live, where you're coming from, or where you're going. You can also refuse to answer questions about your citizen status, where you were born, and how you entered the U.S. Politely tell the officer that you would like to exercise your right to remain silent. If you don't clearly state that you're invoking this right, they can keep asking you questions. more Consenting to a Search If the officer asks to search your person or your vehicle, you have the right to refuse this search. However, law enforcement can legally pat you down if they suspect you have a weapon. Making a Phone Call You have the right to make a phone call after an arrest, including the right to speak to your attorney privately. Law enforcement can listen if you call anyone other than your lawyer. Indiana law also provides the right to reasonable access to the court system so your case will be heard promptly. Avoiding Discrimination You have the right to discrimination-free treatment while in police custody. Law enforcement cannot discriminate against you because of your political beliefs, economic status, sex, creed, skin color, nationality, or race. Hiring an Attorney You have the right to hire a lawyer when arrested. If you can't afford legal representation, the state will appoint a criminal defense attorney to handle your case. Having a Trial If the state decides to prosecute you after an arrest, you have the right to a public trial. This includes the right to having your case heard by a jury of your peers and the right to cross-examine witnesses in your case. In other words, the court must let your attorney ask them questions. Reporting a Rights Violation You can file a formal complaint if law enforcement violated your rights during an arrest. Reach out to the internal affairs division of the arresting borough. Your report should include all the relevant details, including the names and badge numbers of the officers. Take photos of any injuries you experience during your arrest. Law enforcement has to read your Miranda rights in an arrest, which includes the right to hire an attorney and to remain silent. You should also know how to exercise your other legal rights in criminal justice proceedings. Contact Tanzillo Stassin & Babcock P.C. in Dyer, IN today if you face charges after an arrest in Indiana.
Ask an Attorney: What Is the Process of Filing a Personal Injury Lawsuit in Indiana
When you experience serious harm because of another person's negligence, you have legal recourse to cover medical costs and related expenses. Indiana allows residents to seek personal injury damages after an auto accident, animal attack, slip and fall, dangerous product injury, or medical malpractice incident. Review this step-by-step guide to filing a lawsuit from your experienced personal injury attorney in Dyer, IN. Develop the Complaint The complaint is a legal document that establishes your intent to file a lawsuit. Your attorney will create this document, which must follow a specific format. The first part of the complaint identifies you, the defendant, and the appropriate court. Then, it states the facts in your case and explains why the defendant should be held legally responsible for your injuries. It also explains why the court has jurisdiction over this particular incident. The next part of the legal complaint details the damages requested in the case. Finally, you and your attorney will both sign this document. more File the Necessary Paperwork Your attorney will file the complaint with the court in the Indiana region where the injury occurred along with a summons. The summons, another legal document, alerts the defendant about the lawsuit. Most courts charge a filing fee of $100 to $400. Some personal injury cases have special requirements in Indiana. To sue the state, you must give the relevant agency or the attorney general notice within 270 days of the injury. To sue a political subdivision, you must give written notice to its governing body and the Indiana Political Subdivision Risk Management Committee. To sue an Indiana public school, you must notify the district with an opportunity to remedy the situation outside of court. Serve the Court Documents You'll also be responsible for delivery of the summons and complaint to the defendant, known legally as service. Without proper service, the court cannot move forward with the lawsuit. Although the process varies by court, your attorney will generally arrange for a court official, professional process server, or law enforcement officer to give the defendant the necessary documents. Most courts require process service within 30 days of initiating a personal injury lawsuit. The defendant will have a chance to respond to your complaint. They may offer you a settlement. If you decide to settle out of court, your attorney can work with the defendant to negotiate a fair amount. Attend the Hearing After you file the complaint and summons, the court in your jurisdiction will schedule a hearing. At this session, you and your attorney have the opportunity to present evidence. To win a personal injury case in Indiana, you must prove that another person's actions caused your injuries and that these injuries resulted in financial damages. Indiana state law gives you two years from the date of the injury to file a lawsuit. Act quickly to retain your right to compensation. Contact Tanzillo Stassin & Babcock, P.C. in Dyer, IN today to schedule a personal injury consultation.
Alimony in Indiana: How Is It Determined?
Nobody wants to see a marriage break down, but when it does, it's best to be prepared. An experienced alimony attorney, like those on the team at Tanzillo, Stassin, and Babcok, P.C. in Dyer, IN, can help fight for your best interests with their in-depth knowledge of the law. In the past alimony payments in Indiana were considered on a case-by-case basis, taking into account the length of the marriage, the marital assets, and a number of other factors. However, Indiana no longer has alimony laws, though it will hold as valid a pre-nuptial agreement that requires alimony to be paid in case of a divorce. What it does have, however, is something called spousal maintenance or spousal support. Spousal maintenance orders require one spouse to provide financial support to the other after a divorce. However, these orders are only granted in limited scenarios and are often subject to duration restrictions. Spousal Maintenance for Spousal Incapacity Spousal maintenance may be awarded when a spouse is physically or mentally incapacitated and unable to support themselves. The requesting spouse must provide evidence of their incapacity, such as medical documents or expert testimony. Indiana courts consider the nature and duration of the incapacitation, as well as the financial impact and level of care required by the incapacitated spouse. Maintenance orders for incapacity may last for the duration of the incapacity, which could be prolonged if the incapacitation is permanent. more Spousal Maintenance for Caregiver Maintenance Spousal maintenance may be awarded to a spouse who lacks sufficient property to provide for their needs and is the custodian of an incapacitated child requiring full-time care. The spouse must demonstrate that they have to forgo employment to care for the incapacitated child. This sum is considered apart from child support payments that a non-resident parent may make to the custodial parent. Similar to incapacity cases, courts assess the nature and duration of the child's incapacitation, as well as the financial impact and care requirements. Maintenance orders for caregiver situations consider the needs of the child and may last until the child's 18th birthday. Spousal Maintenance for Rehabilitative Maintenance Rehabilitative maintenance is awarded to help a spouse obtain education or training to become self-sufficient. The requesting spouse must show that they prioritized homemaking or childcare responsibilities over career advancement during the marriage. Courts consider factors such as the educational background, earning capacity, work history, and time required for education or training. Rehabilitative maintenance orders typically cannot exceed three years from the date of the final decree, but courts may adjust the duration based on individual circumstances. In summary, Indiana spousal maintenance orders are granted under specific circumstances related to incapacity, caregiving responsibilities, or the need for education or training. The duration of the maintenance order depends on the nature of the situation, with a focus on providing support until the receiving spouse can become self-sufficient. If you have any questions, get in touch with us today at Tanzillo, Stassin, and Babcok, P.C. in Dyer, IN to arrange a consultation with one of our experienced family law attorneys.