CRIMINAL DEFENSE

As we ring in the New Year, many people will be focusing on new resolutions and other positive goals. Some people, however, will start 2020 in a less positive situation – behind bars. New Year’s Eve has more arrests for operating a motor vehicle while intoxicated (OWI, also known as DUI) than almost any other night of the year. It is important to take steps to prevent an arrest and that you know what to do if you are arrested. In this situation, your first step should be to call a Northwest Indiana OWI defense lawyer.

Increased Enforcement

Law enforcement agencies know that there are more drunk drivers out on the road during the holidays, and especially on New Year’s Eve. They are ready to arrest as many impaired drivers as they can to prevent crashes and injuries. Enforcement of OWI laws is in full force at this time, and you might see the following:

• Sobriety checkpoints, which involve roadblocks so police can stop additional vehicles
• Saturation patrols, which bring more patrol cars out in areas where drunk driving might be more common

These enforcement tools are intended to result in as many arrests as possible. Unfortunately, many officers are so determined to make arrests that they stop drivers without the required reasonable suspicion that they violated the law. It is critical for a defense lawyer to identify when this happens since it can be used as a defense against OWI charges.

OWI Stops and Arrests

When an officer pulls you over, they will certainly be observing you for signs of intoxication. This can include watery eyes, slurred speech, the odor of alcohol, and more. Officers may request that you submit to a breathalyzer test or field sobriety tests, as they are trying to get probable cause to make an OWI arrest.

If you are arrested, the police can place you in handcuffs right then and there on the side of the road. You will likely spend the next several hours in jail, and then, you might be released with a summons. This summons tells you when you need to appear in court for your first hearing for your OWI charges.

How an Attorney Can Help

OWI charges are a serious matter, as a conviction can lead to probation, the suspension of your driver’s license, fines, or even time in jail. You always want to present all possible defenses to fight against a conviction whenever possible, and it is important to have an experienced OWI lawyer helping you. A lawyer can:

• Determine whether officers violated your constitutional rights
• Identify any defects in chemical testing or field sobriety testing
• Negotiate a plea bargain with lesser penalties
• Fight against your charges at trial when needed

Contact a Northwest Indiana OWI Defense Attorney Today

The legal team at Tanzillo Stassin & Babcock hopes that you have an enjoyable New Year’s without any arrests or legal issues. If you or someone you know is arrested, however, do not hesitate to seek our help. Contact us to discuss your arrest and charges today.

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AUTO ACCIDENTS

A car accident is almost always an unsettling experience, and it is common to be unsure of what to do in the aftermath. Sometimes, it is clear that you sustained severe injuries and that you need emergency medical help. On the other hand, many people might feel sore or stiff but will waiver on whether they should call 911 or go to the emergency room for an evaluation. If you suspect you have any possible injuries at all, you should seek medical help, and then you should contact a Northwest Indiana car accident lawyer right away.

The Importance of a Medical Evaluation

If you do not need an ambulance after a crash, never assume that you are fine. Instead, if you feel anything out of the ordinary – such as stiffness, reduced range of motion, or disorientation – you should head to the emergency room or to your physician’s office right away. Often, soreness, stiffness, or mental “fog” are signs of serious injuries that might develop in the hours and days following the accident.

While you might not be aware that you have a concussion or a soft tissue injury right away, a medical professional can conduct standard diagnostic tests to identify such conditions. There are a couple of reasons why timely medical diagnosis is important after a car accident:

• It can ensure that you get the necessary treatment recommendations as soon as possible. The sooner you begin treatment, the greater the chance you can prevent complications and recover faster.
• Your medical records can serve as evidence that the car accident caused specific injuries, and your diagnosis can show the exact nature of those injuries and the treatment your doctor recommended for you.

These are both highly important reasons to seek medical care right away if you have been in a collision.

Treatment You Might Need

Medical treatment will vary significantly from patient to patient, depending on the nature and severity of your injuries. Some treatments that might be necessary include:

• Imaging tests for a thorough diagnosis
• Hospitalization
• Medication and/or medical equipment
• Surgical procedures
• Rehabilitative therapy
• Physical therapy
• Home health care

Whether you are sent home from the ER with instructions for physical therapy or you need to spend a few weeks in the hospital, the medical bills can be costly, and you should discuss your rights to compensation with an experienced accident and injury lawyer. If someone else caused your accident, they should be held liable for your medical bills and other losses. Having the right medical records to demonstrate your injuries can make the process of seeking compensation go much smoother than if you waited to see a doctor.

Contact a Northwest Indiana Car Accident Attorney for a Free Case Evaluation

The law firm of Tanzillo, Stassin & Babcock represents the rights of car accident victims on a regular basis. We advise you to seek the medical evaluation and treatment you need for your injuries and then schedule a free consultation to discuss your legal options. Contact us directly to learn more about how we can help.

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AUTO ACCIDENTS

It is that time of year again when the temperatures drop, and the roads can become treacherous. That is exactly what happened last month when a morning commute led to a 20-car pileup on 96th Street in Indianapolis. Freezing rain had resulted in icy road conditions and the road remained closed for several hours after the accident occurred to allow emergency crews time to clean up the mess.

While most of us have experienced enough bad winters to know that there are steps that can be taken to avoid accidents in bad weather, many people do not know what they need to do if they are actually in an accident. Because it may be snowing and freezing cold, knowing what to do after a winter accident can mean the difference between life and death. Here are five things that you should (or should not) do after being involved in a winter car accident:

1. Make sure everyone is okay and then get off the road if possible. The safety of those involved in the accident will likely be your main concern, so check on the occupants of your vehicle and the others involved in the accident. Call 911 if needed. If possible, move your vehicle to the side of the road because leaving them on the road could leave you at risk of being hit by another oncoming vehicle.
2. Stay in your car if you can not move it off the road. If you are not able to get your car to the side of the road, stay inside your car where you will at least have some protection from other vehicles.
3. Stay warm and visible. Turn your hazard lights on and put up road flares if you have them so that other vehicles will know that something is wrong. Grab extra clothing and blankets from your emergency kit (every car should have them), and bundle up to stay warm. If your car is still running, make sure that nothing is blocking your exhaust pipe. If it is blocked, you could run the risk of carbon monoxide poisoning.
4. Stay put if you are stranded. If you are in a remote area and have run off the road, it is understandable that you might be scared. However, it is easy to get lost, especially if it is storming. Instead of trying to walk for help, stay put and wait for help to come to you.
5. If you see a crash, do not always stop to help. While it is always tempting to be a good Samaritan, it could cause more problems than you think. If people in the accident are not in any immediate danger, simply call 911 and let emergency responders assist with traffic control and medical assistance.

Contact an Indiana Car Accident Attorney Today

It is not easy to stay calm after an accident, but it is your best bet for getting everyone out safely after a stressful situation. Keep in mind, however, that if you or your loved one is injured as a result of a winter car accident, the attorneys at Tanzillo, Stassin & Babcock P.C. can help you get the compensation to which you are entitled. Contact our office today to schedule a consultation.

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PERSONAL INJURY

A house fire in Logansport, Indiana left two people in the hospital and killed six more. Two adults and four children perished in the fire in rural Cass County. The two adults who escaped are in stable condition in the hospital. An inspection of the home showed that the fire was not intentionally set, and it is believed to have been caused due to an electrical issue. There were no working smoke detectors inside the home according to officials.

Causes of House Fires

House fires are a tremendous risk during this time of year but can happen year-round. Although a variety of things can cause a house fire, some of the most common includes, but are not limited to, the following:

• Defective products such as electric blankets, space heaters, stoves, toys, etc.
• Faulty construction
• Failure to properly clean or maintain heating equipment such as chimneys and space heaters

While most fires are accidental, many of them are the result of negligence or fault of another person or company. In this case, you may have legal options and should contact a personal injury attorney.

Who May be Held Liable After a House Fire?

After a severe house fire, the first thing that will be determined is the cause of the fire. After that, it will be determined which parties could be found at fault for the fire. The at-fault parties may include:

• A landlord for failing to maintain and provide fire extinguishers
• A neighboring tenant who failed to replace smoke detector batteries
• The owner of the home who failed to maintain the premises
• A property manager who failed to repair electrical issues
• The manufacturer who created a flawed heating system
• The electrical company that installed faulty wiring

Sometimes there is no clear-cut reason for the fire because the fire was so intense that it destroyed all evidence. If that happens, negotiations take place with the insurance company to cover the loss. If the insurance denies a claim, you may be entitled to file a bad faith claim.

Damages Available After a House Fire

As with other wrongful death or personal injury claims, the state of Indiana has laws that state that damages may be awarded to the victims for damages they suffer in a house fire. These may include medical costs, pain and suffering, funeral and burial expenses, lost wages, and more.

Property losses for the structure and items inside the home may also be awarded after a catastrophic house fire. The value of the contents and the home will be claimed in addition to the injury claims.

Contact an Indiana Personal Injury Attorney Today

If you or your loved one have been injured or died in a devastating house fire, it can be stressful and overwhelming. It can be even more shocking to find out that the fire was the result of someone else’s neglect or due to a defective product. The attorneys at Tanzillo, Stassin & Babcock, P.C. will review your case and determine if you have a claim for compensation. Contact our office today to schedule a consultation and let us help you get the compensation that you are entitled to.

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CRIMINAL DEFENSE

James Johnson, 32, was arrested and is facing charges of felony child molestation after law enforcement conducted an investigation surrounding an incident involving a girl younger than 14 years of age. The Petersburg, Indiana, resident was accused of molesting the girl in October.

Anytime you are facing criminal charges, especially for a felony crime such as child molestation, you need an experienced criminal defense attorney on your side. These crimes carry serious penalties and even a plea agreement can result in substantial time in prison. This makes it imperative that you contact legal representation as early as possible. Crucial things can occur even early on in a case that could make a difference to the outcome.

Evidence in a Child Molestation Case

Sex crimes often involve forensic evidence from a rape kit and DNA, but may also be nothing more than the victim’s statement of the alleged crime. Investigations into sex crimes often begin with the police attempting to get the person accused of the crime to submit to a polygraph examination. These are not reliable and usually not admissible in a court setting as evidence. However, police will often try to get the accused to take one by saying that it could prove their innocence.

When the polygraph report shows inconclusive or indicative of deception, even though it is not admissible in court, it may be used to make the accused look guilty. Keep in mind, that you will not be able to prove your innocence through a polygraph, but instead, the evidence will be based on the credibility of the defendant and the accuser.

Penalties for Child Molestation or Sexual Misconduct

Sex crimes come with steep penalties and result in sex offender registration. For child molestation, the charges start at a level three felony but can elevate to a level one felony if the accused is over the age of 21. Sexual misconduct with a minor can be either a level four or level five felony if the accused is at least 21 years of age, child exploitation is a level five felony, and rape is a level three felony but can be raised to a level one felony if it committed by threatening or using deadly force.

Penalty ranges for these sex crimes is based upon the level of the felony and can be as little as six months in jail for a level six felony or as much as 40 years in prison for a level one felony crime. All of them may result in a fine of up to $10,000 regardless of the level of the felony charge.

Contact an Experienced Indiana Criminal Defense Attorney Today

Winning a child molestation case is not impossible, but it requires the experience and skill of a criminal defense attorney. The attorneys at Tanzillo, Stassin & Babcock, P.C. have the years of experience needed to investigate your case and craft the best possible defense strategy for your situation. Contact our office today to schedule a consultation.

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CRIMINAL DEFENSE

Obviously, there are numerous aggravating and mitigating factors that will ultimately determine the sentence in your DUI case, or whether it gets tossed out.

In raising an amicable DUI defense, attorneys tend to question numerous points surrounding your charge, then attack the veracity of all activity leading up to the pullover, the tests, and arrest. Let us examine three possible defenses to driving under the influence in Indiana.

Inaccuracies in Breathalyzer

The state leaves no defense of the score related to when the last drink was consumed, which would lead any reasonable person to conclude that this would be relevant in calculating the result of something like an Intox EC/IR II breath analysis.

There are many known mechanical flaws in breathalyzer machines, many of which point to the method of calibration and accuracy of the final reading. Unfortunately, the police and other government agencies leave no options for people to question the validity of results used by the state to prosecute cases of operating a motor vehicle while intoxicated. It may seem like a conspiracy theory, but the defense has every right to question the accuracy of testing procedures.

In most counties across Indiana, you are often found guilty in advance whether you submit to a breathalyzer test or not. The state may use your refusal to submit to an imperfect testing medium to charge and convict you with a crime, often expecting your DUI defense attorneys to never object.

Entrapment

By far the best scheme police turn to when seeking DUI arrests is sitting outside of bars at closing time, many times out of plain sight. Some may concur that a good portion of DUI arrests occur after 2:00 AM and after the 25th of the month, although exact data validating that statement is not easy to acquire.

Also, is it by chance that most DUIs are issued during times when traffic is almost non-existent and the hazard posed by DUI drivers is minimal? ‘Low-hanging fruit’ would be an accurate description of people caught on empty roadways after bar closing.

Entrapment defenses are plausible, yet proof must be irrefutable.

Lacking Reasonable Suspicion

Reasonable suspicion in America is an imperfect legal standard of proof less strict than probable cause, but more strict than an inchoate and unparticularized suspicion or hunch. In layman’s terms, one may reasonably ascertain guilt without proof provided it is more than a ‘gut feeling.’ This definition epitomizes many counties in Indiana, including Lake.

How do ‘gut feelings’ translate into DUI arrests? Sobriety checkpoints and one’s inability to operate their vehicle in an ethical manner are often enough, even if you are swerving due to working consecutive 16-hour shifts.

Defense attorneys will often wonder how one was qualified to arrive at the notion reasonable suspicion existed.

A Final Thought

Sure, Indianans know distracted driving is deadly and presently illegal. DUIs cause the deadliest crashes known to man and offer few answers as to why folks who were beyond the legal limit felt inclined to risk their freedom and countless lives.

Defending DUI charges is one of the more difficult tasks in Indiana for individuals to undertake without an attorney. If defenses can be raised, Tanzillo, Stassin & Babcock will raise them to defend their clients. Contact us today to begin mounting your defense.

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PERSONAL INJURY

The family of an Indiana ironworker who was killed during a construction project has been awarded $11 million after a Cook County jury awarded damages. Joel Ogiego was crushed by equipment in January of 2015 when a crane technician admitted to failing to get an all-clear from Ogiego before moving an overweight load.

The family is reportedly pleased with the verdict and hopes to send a message to companies that overloading equipment should never be acceptable, especially when it is a potential risk to other workers on the project.

What is a Wrongful Death Lawsuit?

When a loved one is killed at the hands of another negligent party, you may be entitled to file a wrongful death lawsuit. The wrongful death may occur from a personal injury, medical malpractice, or a work injury like in the case above. While a lawsuit can never bring back your loved one, it can help reduce the financial burden that results from the loss. An experienced wrongful death attorney can review your case and help you understand all the factors that could affect your situation.

Who Can File a Wrongful Death Lawsuit?

In Indiana, all wrongful death lawsuits have to be filed by a legal representative of the deceased person’s estate. This is most often the person’s next of kin such as a spouse, adult child, siblings, or parents. It is important to know that any damages will be awarded to the deceased person’s spouse and children first. If there is not a surviving spouse or children, other relatives who were dependent financially on the deceased person may then be awarded damages.

Limits on Damages

Civil damages is the term used for the money that is recovered in a wrongful death claim. In Indiana, some claims have caps, or limits, on the damages that are available. Below is a review of some possible claim limits in the state of Indiana:

• If the deceased was an adult and a spouse and children are surviving, there is no limit to the damages. The amount awarded is left up to the jury, who will determine damages based on the details of each case such as wages lost, medical bills, etc.
• If the deceased was a child, there is also no limit to damages. A child is defined as someone who is under 20 years of age, or under 23 years of age if enrolled in college.
• If the deceased was an adult, had no minor children, and was unmarried, the non-economic damages will be capped at $300,000. Medical bills, burial and funeral costs, and attorney fees may be awarded in addition to the non-economic damages.
• In medical malpractice claims, the cap for all claims is $1,250,000.

For wrongful death lawsuits against government entities, there is an exception to the above rules. For cases against entities such as the state, a town or city, or a school, the cap is $700,000 regardless of medical costs and attorney fees.

Contact an Indiana Wrongful Death Attorney

If you have lost a loved one in an accident, you may be entitled to damages for loss of financial support, loss of love and affection, medical expenses, burial and funeral costs, and attorney fees.

The attorneys at Tanzillo, Stassin, and Babcock, P.C. have decades of experience helping clients receive the compensation to which they are entitled. They will listen to you and help develop the best possible course of action to receive the greatest outcome available. Contact them to schedule a consultation today.

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CRIMINAL DEFENSE

Four Indiana people are facing felony charges after being caught distributing and trafficking marijuana across state lines. The special crimes unit found 50 pounds of marijuana in July after months of investigation.

Jeffery S. Moore and Larry W. Fagin are facing charges of dealing in marijuana, corrupt business influence and maintaining a common nuisance, and conspiracy to deal in marijuana. Katie L. Lindeman is also charged with corrupt business influence and maintaining a common nuisance and Joshua C. Fleek has been charged with dealing in marijuana, corrupt business influence, and conspiracy to deal in marijuana.

Marijuana Crimes in Indiana

The possession, manufacture, or sale of marijuana in Indiana is regulated by both the state and federal laws. In Indiana, marijuana is considered a schedule 1 substance, meaning it has a high potential for abuse and no recognized medical value. Types of marijuana-related crimes include the following:

Marijuana Possession

In Indiana, it is illegal to intentionally or knowingly possess marijuana. A person who grows plants is also in violation of the possession law. Penalties are based on the amount of marijuana in a person’s possession and include the following:

• Up to 30 grams: This is a Class A misdemeanor that is punishable by as much as one year in jail and a fine of up to $5,000.
• Over 30 grams or prior convictions: People found in possession of over 30 grams or have had one or more previous convictions is a Class D felony charge, which is punishable by as much as three years in prison and a fine up to $10,000.

Distribution and Manufacture

It is against the law to distribute or manufacture marijuana or possess marijuana with the intent to distribute it. Penalties are based on the amount of marijuana distributed or manufactured and are as follows:

• Up to 30 grams: This is a Class A misdemeanor that is punishable with up to one year in jail and a fine of up to $5,000.
• Between 30 grams and 10 pounds: This is a Class D felony charge which is punishable with up to three years in prison and a fine up to $10,000.
• More than 10 pounds: This is also a Class D felony charge which is punishable with up to eight years in prison and a fine up to $10,000.

Sales that occur in a school zone are considered to be a Class two felony and are punishable with up to eight years in prison and a fine up to $10,000. Sales to minors are classified as a Class three felony that is punishable by up to three years in prison and a fine up to $10,000. Second and subsequent violations are Class D felonies and are punishable by up to three years in prison and a fine of up to $10,000.

Contact an Experienced Criminal Defense Attorney

If you have been charged with a marijuana-related crime, it is easy to see how the penalties can be life-altering, especially if the charge is for a felony. With so much at risk, it is imperative to have an experienced criminal defense attorney on your side.

The attorneys at Tanzillo, Stassin, and Babcock, P.C. will review your case and craft the best defense strategy possible. Contact them today to schedule a consultation at their Dyer, Indiana office.

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DIVORCE

Few people want to think about divorce. Nevertheless, close to half of all married people will divorce at some point. Only in unusual circumstances does the divorce strike like a bolt out of the blue. Often, married couples can see divorce is on the horizon when arguments about money or other issues increase in frequency. If you think divorce might be in your future, you should meet with a divorce lawyer in Northwest Indiana as soon as possible.

A Lawyer will Help You Understand Your Rights

Spouses have important rights during and after divorce. However, if you are unaware of them, then you will not know how to ask a judge for the following:

• Let you stay in the family home with your children
• Let you use the family car
• Give you temporary child support
• Award you temporary spousal support (alimony) that lasts throughout the duration of the divorce process

Furthermore, you need to understand your rights after the divorce has been finalized. A lawyer can help you think about:

• How you will divide your marital property. This is the property you acquired as a couple, and not the property you brought individually into the marriage.
• How you will divide marital debts. These are joint debts you acquired as a couple. After divorce, one spouse usually takes over a debt.
• How you will divide custody of children. You might want a 50/50 custody arrangement or for one parent to have primary custody with the other getting visitation.
• Whether you will pay or receive child support, and whether you need more than the state formula provides.
• Whether you need alimony to get back on your feet, and for how long.

These issues and others like them require a lawyer’s experience. By meeting with a lawyer, you can begin to think about what you will want out of the marriage and how to go about getting it.

A Lawyer Can Help You Gather Evidence

Divorces can be contested or uncontested. With an uncontested divorce, you and your spouse agree on all major issues like child custody, alimony, and the division of marital property and debts. Uncontested divorces are often ideal but not always possible. Instead, couples might have sharp disagreements in that a judge is needed to resolve.

For example, many couples disagree about child custody, with each spouse wanting to be the primary parent. A judge will decide custody based on the best interests of your children and will look to a variety of factors, such as:

• Each parent’s relationship with the child
• The child’s age and sex
• The children’s wishes
• Each parents’ physical and mental health
• Evidence of domestic violence
• Other factors

If you suspect a child custody fight is possible, you can start collecting evidence as soon as possible, which will make your case stronger.

Meeting with a Lawyer Does Not Commit You to Divorce

Some clients are nervous about meeting with a lawyer because they think it commits them to file for divorce, even if they think the marriage can be saved. To be absolutely clear: You and your spouse will decide if and when to divorce; your lawyer does not make that decision.

By meeting with a lawyer, you can discuss what you want in the event divorce is unavoidable. You are still free to try and salvage your marriage.

Schedule a Meeting to Speak to a Northwest Indiana Divorce Lawyer

Divorces are complicated, and proper planning is essential to make sure you have the divorce you want. Even if you hope to save your marriage, it is best to understand the process and your options ahead of time.

At Tanzillo, Stassin & Babcock, our divorce lawyers have helped many people in Dyer, St. John, and Schererville understand their options. To schedule your free consultation, please call (219) 865-6262.

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AUTO ACCIDENTS

Some car accidents result from reckless or dangerous driving such as speeding, swerving, and tailgating. An increasing number of accidents stem from sheer carelessness, especially from drivers who are distracted. If you have been injured by a distracted driver, you should speak with a car accident lawyer in Northwest Indiana right away.

Examples of Distracted Driving

Almost anything can become a distraction that causes a driver to take his or her eyes off the road. All it takes is a split second and a driver can quickly crash into another vehicle or object.

Common distractions include:

• Talking on a cellphone
• Reading or sending a text message
• Reaching for something
• Adjusting controls in the car
• Talking to someone in the car
• Eating
• Drinking
• Smoking
• Applying makeup

Furthermore, drivers can become distracted even when stopped at a red light. As a result, they might fail to note that a pedestrian has entered the crosswalk late or that a vehicle is waiting in the intersection to make a left-hand turn. When the light turns green, the driver can plow into a pedestrian or another vehicle, all because they were too distracted to notice them.

Grisly Statistics

According to the federal government, distracted driving kills almost nine people every day in collisions, and injures another 1,000 people. These numbers worked out to 3,477 distracted driving deaths in 2015 and another 391,000 distracted driving injuries. Almost 10% of all motor vehicle deaths result from distracted driving.

Unfortunately, these numbers only seem to be rising. Distracted driving deaths were about 15% higher in 2015 than in 2010, and there is no evidence that the number is decreasing.

Proving Distracted Driving

If a distracted driver collides with you, you might be able to bring a lawsuit for negligence. However, you will need to show that the driver caused the collision because of their carelessness. Gathering sufficient evidence can be tricky, especially since at-fault drivers are not in the habit of admitting they were talking on the phone or looking in their glove compartment when the accident happened.

However, an experienced car accident lawyer knows how to uncover evidence by doing the following:

• Issuing a subpoena for the driver’s cell phone records, which can show if the driver was engaged in a phone call or sending a text message at the time of the collision
• Finding a surveillance video that shows the driver was distracted before the crash
• Questioning witnesses who might admit that the driver was distracted in the seconds before the collision. These and other methods can uncover evidence that the other driver was negligent, which can help you win your case.

Injured in a Car Crash?

Speak with an Indiana Auto Accident Lawyer Today. Injured motorists need compensation to cover medical bills and replace lost wages. At Tanzillo, Stassin & Babcock, we have fought for countless motorists to get them the compensation they deserve. To start the process, please schedule a free consultation with one of our knowledgable attorneys today. Indiana does not give injured motorists an unlimited amount of time to seek compensation, so do not delay.

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