Shapiro & Shapiro Law Office, L.L.P. Shapiro & Shapiro Law Office, L.L.P. 2026-08-17T16:39:29Z https://www.samshapirolawoffice.com/feed/atom/ WordPress /wp-content/uploads/sites/1204422/2025/10/cropped-favicon-shapiro-x-1-32x32.jpg On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[What is constructive possession in Indiana drug cases?]]> https://www.samshapirolawoffice.com/?p=51319 2026-08-14T14:22:27Z 2026-08-14T14:22:27Z How does constructive possession differ from actual possession? Actual possession means officers find drugs directly on your person or within your immediate physical control. Constructive possession applies when controlled substances are in a location you can access and over which you exercise control. For example, the law enforcement can press constructive possession charges against you if they discover drugs in your apartment, provided law enforcement can prove you knew the drugs were inside and maintained control over that space.  

What factors do courts consider in these cases?

Courts look at several factors when deciding constructive possession. Proximity to the drugs matters, but standing near contraband alone does not establish guilt. Judges examine whether you owned or rented the property where officers found substances, had sole access to the area or made incriminating statements to officers. More evidence such as drug paraphernalia, cash, scales or packaging materials can strengthen the prosecution's case. Your fingerprints on containers or bags also support constructive possession claims. Regardless, Indiana’s drug possession laws require prosecutors to prove beyond a reasonable doubt that you knew about the drugs and intended to control them.

What are your legal options?

Constructive possession charges carry the same penalties as actual possession under state law, including potential jail time and fines. With the help of an attorney experienced in drug crime defense, you may be able to understand the specific evidence against you and develop an effective response strategy.]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[Can police frisk you during a stop in Indiana?]]> https://www.samshapirolawoffice.com/?p=51300 2026-07-24T12:52:53Z 2026-07-31T12:40:13Z When can police perform a frisk? Police may briefly stop you when specific facts give them reasonable suspicion that criminal activity may be occurring. To frisk you during that stop, however, the officer must be able to point to specific facts that give them reason to believe you may be armed and dangerous. A hunch or general suspicion is not enough. Indiana's Constitution also protects you from unreasonable searches and seizures. Under Article 1, Section 11, courts consider the circumstances surrounding the search, including the officer's level of suspicion, how much the search intruded on you and law enforcement's need to act. Officers usually limit a frisk to patting down your outer clothing for weapons. Its purpose is officer safety, not a general search for evidence.

How far can a safety frisk go?

If an officer feels an object that appears to be a weapon, the officer may remove it. Police may also seize illegal items, such as drugs, when their unlawful nature is immediately obvious during a lawful pat-down. However, officers generally cannot keep squeezing or manipulating an object after confirming it is not a weapon simply to determine whether the object is illegal. You do not have to give police permission for a broader search, although they may have another legal reason to conduct one.

The details of the stop can matter

Stay calm and do not physically resist the frisk. If an officer asks permission to conduct a broader search, you can clearly state that you do not consent. If police stop and frisk you, pay attention to what the officer says, why the stop occurred and what the officer searches. Those details can affect whether police had legal grounds for the frisk and stayed within its permitted scope.]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[How an Indiana drunk driving charge becomes a felony]]> https://www.samshapirolawoffice.com/?p=51298 2026-07-24T09:47:49Z 2026-07-24T09:47:49Z What facts can support a felony charge? Indiana can elevate an OWI charge when the facts show more than a routine impaired-driving arrest. Prior convictions, injury-related allegations and child-endangerment concerns can all change the level of the offense and the possible penalties. Indiana guidance on how OWI offenses can lead to more serious charges also helps explain the rules behind a felony enhancement.

A felony charge changes how the case should be handled

A felony OWI case may involve challenges to the traffic stop, chemical testing, prior convictions or the evidence tying the driver to an injury-related offense. Those issues can affect the defense strategy and the possible outcome. When the state seeks a felony enhancement, the defense may need to focus not only on whether the driver was impaired, but also on whether the prosecution can prove the added facts required for the higher charge. A lawyer who handles felony OWI allegations can review how police gathered the evidence, whether the enhancement fits the facts and what options may be available in response to the charges.

Serious charges can feel isolating

A felony accusation can affect work, family responsibilities and the future long after the case ends. The charge is serious, but that does not mean you have to handle the case alone. Working with an OWI attorney can provide you with experienced legal counsel and a staunch defense.]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[What happens at an initial hearing in an Indiana criminal case?]]> https://www.samshapirolawoffice.com/?p=51297 2026-07-10T09:38:23Z 2026-07-10T09:38:23Z What the court explains The judge explains your charges and constitutional rights, including your right to remain silent, your right to counsel and your right to a speedy trial. The judge also records a preliminary plea of not guilty unless you enter a different plea. If you cannot afford an attorney, you may request a court-appointed attorney, often called a public defender. A judge will review your financial circumstances to determine whether you qualify. The court also sets an omnibus date, which serves as a reference point for important filing deadlines. For example, the deadline to notify the court about an alibi or insanity defense may fall before that date.

How bail and release are addressed

The judge may decide whether you remain in custody or are released under rules you must follow while the case continues. When considering release, the judge may examine whether there is a serious risk that you will miss court or endanger yourself or others. Release conditions could include travel limits, no-contact orders or drug and alcohol testing.

Keeping track of the court’s instructions

Before the hearing ends, make sure you know the next court date and understand every release condition. Keep copies of documents listing the charges and other court paperwork. Missing a hearing or violating a condition could create additional problems while the case is pending. An Indiana criminal defense attorney can explain the process, review your release conditions and help protect your rights.]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[Can you bring marijuana into Indiana from another state?]]> https://www.samshapirolawoffice.com/?p=51294 2026-06-30T09:06:30Z 2026-06-30T09:06:30Z It is true that recreational marijuana is still illegal in Indiana. But that does not mean people are not using it. In fact, this use has increased over the last 10 years. Some reports claim that people from Indiana spend up to $2.6 billion on marijuana products annually. They note that this is because many nearby states, like Michigan or Illinois, allow the use of recreational cannabis. Forty-four percent of Indiana residents are within 50 miles of a dispensary, even though they do not have one in their own state. So, are you legally allowed to purchase marijuana in another state and then bring it back to Indiana?

You could still face drug charges

No. Although these reports do make it clear that people are buying products elsewhere and bringing them into the state, it is still illegal to do so. Even if you legally purchased products at a dispensary across the Michigan border, you would still be violating Indiana law once you returned home. You could be charged with drug possession, and those charges could stand even if you could prove that the initial purchase in Michigan was fully legal. On top of that, from a federal perspective, crossing state lines with marijuana in your possession is illegal. So just driving into the state is already a violation of federal law, and continuing to possess the products is then a violation of Indiana law. This helps to demonstrate some of the reasons that people in Indiana find themselves facing serious drug charges for cannabis products. If you are in this position, be sure you know what legal options you have.  ]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[How treatment-based alternatives can affect criminal cases]]> https://www.samshapirolawoffice.com/?p=51293 2026-06-18T16:32:08Z 2026-06-18T16:32:08Z When people think about the criminal justice system, they picture arrests, mugshots, court appearances, fines and jail sentences. But not every criminal case needs to follow that path. Rather than focusing on punishment, some courts may consider treatment-based alternatives that focus on addressing the underlying issues, such as substance abuse or mental health conditions. These programs offer an individual the opportunity to address the root causes of their criminal behavior and potentially improve the outcome of their criminal case. 

What are treatment-based alternatives?

Treatment-based alternatives are programs that emphasize rehabilitation and recovery instead of incarceration. These alternatives are designed for individuals whose alleged criminal conduct can be linked to substance use disorders, mental health issues or other treatable conditions. The goal is to reduce the likelihood of repeat offenses by helping individuals address the problems that led to their legal troubles. Indiana has established several problem-solving courts, including drug courts, throughout the state. These specialized courts focus on individuals whose criminal charges are connected to substance abuse issues. Participants are expected to comply with a structured program that may include:
  • Access to rehabilitation and treatment services
  • Random drug testing
  • Weekly progress reviews
  • Sanctions for non-compliance and rewards for compliant behavior
Successful completion of a drug court program can sometimes result in reduced penalties or other favorable outcomes, depending on the case's circumstances. Mental health conditions can also play a significant role in criminal behavior. Recognizing this, Monroe County and several other counties in Indiana also have Mental Health Problem-Solving Courts designed to connect eligible defendants with treatment and support services. These programs help individuals receive care as their criminal cases progress. Participation can demonstrate a commitment to rehabilitation, which may be viewed favorably by prosecutors and courts. Not every case is eligible for treatment-based alternatives. Courts and prosecutors look at several factors, including the nature and severity of the alleged offense, if the defendant has a criminal history and if substance abuse or mental health contributed to the conduct. It's crucial that the defendant has someone who can evaluate the case's circumstances and advocate for a solution that supports both accountability and rehabilitation.  ]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[3 things drivers should know about field sobriety tests]]> https://www.samshapirolawoffice.com/?p=51288 2026-05-30T14:24:01Z 2026-05-30T14:24:01Z 1. Only three tests are standard Police officers do not get to make up field sobriety tests to humiliate drivers. They generally only administer the three standard tests. The walk-and-turn test, one-leg stand test and the horizontal gaze nystagmus test are the only tests generally recognized as valid by the courts.

2. False positives are common

While field sobriety tests do have a basis in medical science, they can produce false positive results. Unrelated medical issues and even anxiety can affect how a person performs on field sobriety tests.

3. Testing is not mandatory

Unlike post-arrest chemical testing, field sobriety testing is completely voluntary. Drivers can refuse to submit to tests without putting themselves at risk of arrest or additional criminal penalties. Drunk driving charges do not always lead to a conviction, especially when there are medical explanations for test results or signs of civil rights violations during traffic stops, Yet, those facing charges after refusing field sobriety tests or failing field sobriety tests may need help responding to their criminal charges in court. Discussing a traffic stop with a criminal defense attorney can help people reduce their risk of an unfair conviction. If there could be an explanation for their poor performance, then their lawyer may be able to exclude the test results from their trial.]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[What is entrapment?]]> https://www.samshapirolawoffice.com/?p=51287 2026-05-22T17:02:59Z 2026-05-22T17:02:59Z Entrapment is the process by which law enforcement agents convince an otherwise innocent person to commit a crime. These agents then turn around and arrest the person for the criminal activity. When that person’s case goes to court, they may use entrapment as a defense. Essentially, the person claims that they never would have broken the law at all if it were not for officers manipulating them or convincing them to do so. The goal for law enforcement officers is to arrest people who are engaging in criminal activity on their own, not to coerce people into that activity just to make an arrest. That is why entrapment can be used as a defense to seek to have the charges dropped.

Inducing the criminal act

People sometimes claim that this means the actions of an undercover police officer should qualify as entrapment. But it is important to remember that inducing the criminal act is an important part of an entrapment defense. For instance, if a police officer finds someone who has not been selling drugs, gives them access to illegal substances and convinces them to sell those substances so that they can both make a substantial amount of money, it could be an example of entrapment. The officer induced the illegal activity. But if a police officer finds someone who is already selling drugs illegally and simply asks to make a purchase, that is not necessarily entrapment. Undercover officers will often engage with people who are suspected of criminal activity as a means of gathering direct evidence that the person is breaking the law.

Your legal defense options

If you are facing drug charges, it is important to consider how officers interacted with you during and before the arrest. This can help you identify some of your criminal defense options.]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[Vape cartridges can lead to felony possession charges in Indiana]]> https://www.samshapirolawoffice.com/?p=51284 2026-05-07T09:28:00Z 2026-05-07T09:28:00Z Vaporizers have become an increasingly popular means of ingesting marijuana. With the proliferation of legal marijuana retail cultivation and processing in other states, there has been a boom in marijuana extract availability. Highly potent extracts are available relatively cheaply in states that have enacted legalization statutes. People may pay only a few dollars per gram of extract in some cases. With so many legal states nearby, people in Indiana may acquire marijuana where it is legal and then ingest it in their home state. If they get caught with the cartridges for vaporizers, they may be at risk of a felony charge.

The felony threshold for marijuana concentrates is relatively low

The amount of a drug someone possesses determines the charges they face and the penalties the courts might impose. Indiana state statutes include weight thresholds for various types of drug charges. Possession beyond a certain amount can lead to more serious charges or even trafficking allegations in some cases. The possession of a handful of vaporizer cartridges can be an adequate reason for a felony marijuana possession charge under current state statutes. Just five grams of concentrated marijuana is enough to justify a Level 6 felony charge. People lulled into a false sense of security due to the legality of the vaporizer cartridges where they purchased them and the reduced odor vaporizing generates could end up facing life-altering drug charges. Any drug charge can affect a person’s reputation and future employment opportunities, but felonies carry the harshest penalties and the most social stigma. Working with an experienced Indiana criminal defense attorney is critical for those accused of unlawfully possessing marijuana vaporizer cartridges.]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[Understanding your Miranda rights: What they really mean]]> https://www.samshapirolawoffice.com/?p=51280 2026-04-25T03:11:43Z 2026-04-25T03:11:43Z When Miranda rights apply Miranda rights come from a U.S. Supreme Court ruling in the Miranda v. Arizona case. The Court held that people must be informed of certain constitutional rights before police conduct a custodial interrogation. The warning communicates four essential principles:
  1. You have the right to remain silent.
  2. Anything you say can be used against you in court.
  3. You have the right to an attorney.
  4. An attorney will be provided to you if you can't afford one.
These are the ground rules for how law enforcement can question you. A common misconception is that the police must read your rights the moment you are arrested. However, they are only required when 1) you are in custody, which means you are not free to leave or 2) law enforcement is questioning you in a manner intended to elicit an incriminating response Another misunderstanding is the idea that if the police don't read Miranda rights (also known as the Miranda warning) when required, the case is automatically dismissed. It does mean that statements obtained during custodial interrogation may be excluded from evidence.

Asserting your rights

It's crucial that you clearly assert your rights, such as stating that you want to remain silent or that you want a lawyer. Simply staying quiet or making vague statements may not be enough. Furthermore, if you continue to speak after invoking your rights, you could undermine your protection. Similarly, if you choose to speak with law enforcement, it is known as waiving your rights, and you must do it voluntarily and knowingly. Many people waive their rights without fully understanding how prosecutors may later use their words against them. Some people believe that talking to the police will quickly clear things up if they've done nothing wrong. But statements can be misunderstood or taken out of context. Early guidance from a legal professional can help ensure your rights are protected.]]>