Shapiro & Shapiro Law Office, L.L.P.Shapiro & Shapiro Law Office, L.L.P.2026-09-28T16:34:50Zhttps://www.samshapirolawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1204422/2025/10/cropped-favicon-shapiro-x-1-32x32.jpgOn Behalf of Shapiro & Shapiro Law Office, L.L.P.<![CDATA[Can you be charged if drugs are found in someone else’s car?]]>https://www.samshapirolawoffice.com/?p=513532026-09-28T16:34:50Z2026-09-28T16:34:50ZCan a passenger face drug charges?
Indiana recognizes actual and constructive possession. Constructive possession can apply when drugs are not physically on you, but the state claims you had the capability and intent to maintain dominion and control over them. Simply being a passenger in a vehicle where police find drugs does not, by itself, establish constructive possession.
Indiana courts examine the circumstances surrounding the contraband to determine whether the evidence supports an inference that you had the capability and intent to control it.
The location of the drugs and their proximity to you
Whether the drugs were visible or concealed
The proximity of the drugs to your personal belongings
Statements you made to police
Conduct prosecutors argue showed knowledge of the drugs
Indiana courts consider the totality of the circumstances to determine whether the evidence supports an inference of the defendant's knowledge, capability and intent to control the drugs.
What if the drugs belonged to the driver?
The driver's ownership of the vehicle may be relevant, but it does not by itself establish or defeat a passenger's constructive possession. The evidence connecting each person to the drugs matters.
The legality of the traffic stop, search and seizure may also matter, because an unlawful search or seizure can provide grounds to challenge evidence.
What should you do after drugs are found?
If you are facing drug charges after police found drugs in someone else's vehicle, consider speaking with a defense attorney before discussing the circumstances with police or investigators. Legal counsel can review where police found the drugs, the evidence connecting you to them and whether police lawfully obtained that evidence.]]>On Behalf of Shapiro & Shapiro Law Office, L.L.P.<![CDATA[Can police search your home without a warrant in Indiana?]]>https://www.samshapirolawoffice.com/?p=513312026-09-16T15:07:41Z2026-09-16T15:07:41ZWhen police may enter without a warrant
Police generally need a warrant to conduct a search of a home unless an exception to the warrant requirement applies. Depending on the circumstances, exceptions may include:
Consent: A resident voluntarily permits officers to enter or search. If police do not have another lawful basis for the search, you can generally refuse consent.
Emergency or exigent circumstances: Officers may enter without a warrant when specific circumstances require immediate action, such as a reasonable need to protect someone from serious harm or prevent the imminent destruction of evidence.
Protective sweep: After a lawful arrest in a home, officers may conduct a limited search for people who may pose a danger when the circumstances provide a reasonable basis to believe another person is present and poses a threat.
A police officer's suspicion that a crime occurred does not automatically authorize a warrantless search of a home. Indiana courts have emphasized that probable cause alone generally does not justify a warrantless home search; an applicable exception, such as exigent circumstances, must also exist.
What happens if police search without permission?
If officers enter or search your home without a warrant, a court may examine whether they had a lawful basis for doing so. If the search violated the Fourth Amendment or Indiana Constitution, a court may suppress evidence obtained as a result of the unconstitutional search.
However, a warrantless search does not automatically violate your rights. Courts consider the specific facts and circumstances surrounding the police entry and search.
What should you do during a search?
Stay calm and avoid physical resistance. If you do not consent to a search, clearly state that you do not give permission. If officers present a warrant, ask to see it and note the areas and items it authorizes officers to search.
Afterward, write down what happened, including whether police requested consent, showed a warrant or entered because of an emergency.
Understanding your rights can help you respond appropriately during a police investigation. The legality of a home search depends on the circumstances, so the details of the entry and search matter.]]>On Behalf of Shapiro & Shapiro Law Office, L.L.P.<![CDATA[Can you challenge a breath test in Indiana?]]>https://www.samshapirolawoffice.com/?p=513202026-09-08T18:09:26Z2026-09-08T17:36:31ZCommon ways to challenge breath test results
Indiana law requires law enforcement to follow certain procedures when collecting chemical test evidence. Attorneys may use several arguments to question a breath test in court:
Observation period issues:Indiana breath testing may include a 15-minute deprivation period before law enforcement takes the breath sample. During that time, the person being tested should not eat, drink, smoke or place foreign substances in their mouth or respiratory tract.
Certification or machine problems: Indiana requires breath test operators and instruments to meet certain certification and testing requirements. A lapse in certification or another compliance issue may support a challenge to the result.
Medical issues or outside factors: Certain medical or physiological conditions may affect how a breath test result is interpreted in some cases. Whether a condition played a role usually depends on the medical history, testing circumstances and available technical evidence.
Roadside test limits: A portable preliminary breath test is different from an evidentiary breath test. A defense lawyer should review which test law enforcement used and how it played a role in the case.
A documented testing problem may provide grounds to challenge the findings.
What happens if a breath test challenge succeeds?
If the challenge succeeds, the court may suppress the breath test result. That can matter in an OWI case that depends on a BAC of .08% or more. The state may then rely more on officer observations or field sobriety tests, which the defense can also challenge. A breath test issue may also affect license consequences.
Challenging breath test results can be an important part of an Indiana OWI defense, especially when procedural or technical errors may have affected the test. A lawyer can review the testing records and help identify possible issues in your case.]]>On Behalf of Shapiro & Shapiro Law Office, L.L.P.<![CDATA[What is constructive possession in Indiana drug cases?]]>https://www.samshapirolawoffice.com/?p=513192026-08-14T14:22:27Z2026-08-14T14:22:27ZHow 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=513002026-07-24T12:52:53Z2026-07-31T12:40:13ZWhen 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=512982026-07-24T09:47:49Z2026-07-24T09:47:49ZWhat 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=512972026-07-10T09:38:23Z2026-07-10T09:38:23ZWhat 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=512942026-06-30T09:06:30Z2026-06-30T09:06:30ZIt 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=512932026-06-18T16:32:08Z2026-06-18T16:32:08ZWhen 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 severalproblem-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 fortreatment-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=512882026-05-30T14:24:01Z2026-05-30T14:24:01Z1. 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.]]>