Sam Shapiro Law Office Sam Shapiro Law Office 2026-05-30T14:24:01Z 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[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.]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[What Indiana residents need to know about “Aaron’s Law”]]> https://www.samshapirolawoffice.com/?p=51274 2026-04-06T14:33:25Z 2026-04-06T14:33:25Z Every state has some type of “overdose immunity” law that offers limited legal protections to those who call 911 or otherwise get emergency help for someone who appears to be overdosing. These laws have been enacted to help address the problem of preventable fatal overdoses.  A person suffering a drug overdose can often be saved if they get quick medical intervention. However, too often, those present when someone overdoses are afraid to get help because they assume they’ll be arrested for their own drug possession. 

Administering Narcan is required

Each state’s law is unique. Some offer greater protections and have fewer restrictions than others. Indiana’s law, unlike many others, limits immunity to those who administer naloxone (Narcan) to the victim.  Currently, Narcan is free and accessible at a number of locations throughout Indiana. Those who are recreational drug users or spend time with people who are, may choose to carry Narcan or at least know where to access it quickly.

More about the law

In addition to administering Narcan, Indiana’s law (known as “Aaron’s Law”) also requires someone to do the following to qualify for immunity from drug charges:
  • Seek emergency help.
  • Remain with the victim.
  • Cooperate with law enforcement when they arrive
  • Provide their name and that of the victim (if they know it) when asked.
The person who seeks immunity must have acted in “good faith.” That means they must have taken these steps to help the victim and not to try to avoid arrest themselves. The law provides immunity for criminal offenses involving the possession of “cocaine, meth, paraphernalia, marijuana, synthetic drug lookalike, and controlled substances” as well as possession of drug paraphernalia. It doesn’t prevent people from being charged with more serious drug offenses like trafficking or manufacturing, for non-drug-related offenses or for public intoxication (if they’re under the influence of drugs or alcohol in a public place). It also doesn’t protect people against consequences for violating the terms of their probation or parole. Unlike the laws in some states, Indiana law doesn’t extend this immunity to the victim.  That’s a lot to remember – especially in a potentially frantic situation like an overdose. What’s crucial to remember is that if you witness an overdose, you need to do whatever you can to get help. If you don’t strictly qualify for immunity from prosecution or you believe you were wrongly arrested and charged, getting legal guidance as soon as possible can help you lessen any criminal consequences.]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[Could prescription medications lead to impaired driving charges?]]> https://www.samshapirolawoffice.com/?p=51272 2026-03-24T02:49:49Z 2026-03-24T02:49:49Z operating heavy machinery after using that medicine should be avoided. If so, this does not just mean driving a forklift or using construction equipment. It means driving any vehicle because the medication can impair their ability to do so safely.

Mixing prescription medications with alcohol

A related issue is that some medications can augment the effects of alcohol. A person may just have one drink and assume that they are still well below the legal limit and that it would be safe to drive. However, if they have also taken a prescription medication, that may not actually be the case. For instance, some medications can lead to drowsiness, fatigue and reduced reaction times. These are also symptoms of alcohol use, so a person who takes that medication and then has a drink with dinner may be impaired, even if they would not necessarily fail a breath test. This helps to demonstrate why people sometimes find themselves facing impaired driving charges when they did not realize they even broke the law. Those in this position need to know what legal defense options they have at this time.]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[3 times an Indiana OWI could be a felony offense]]> https://www.samshapirolawoffice.com/?p=51267 2026-03-05T22:33:07Z 2026-03-05T22:33:07Z Drivers accused of operating vehicles after consuming too much alcohol may face operating while intoxicated (OWI) charges. Most of the time, people facing OWI charges expect the state to bring misdemeanor criminal charges against them.  However, there are certain circumstances in which prosecutors can justify felony charges in an OWI scenario. The three situations below could lead to felony drunk driving accusations. 

1. Repeat offenses

Individuals who have prior OWI convictions are at risk of felony charges. Anyone facing a second or subsequent charge within seven years of their most recent OWI conviction could face felony charges instead of misdemeanor charges. 

2. Drunk driving with minors in the vehicle

If the motorist accused of an OWI is old enough to legally drink, they may face enhanced charges for transporting passengers under the age of 18. Felony charges are possible if legal adults have underage passengers in their vehicles when they get arrested for OWI offenses. 

3. Injuring others

Impaired drivers could cause crashes that put other people in the hospital or worse. State prosecutors can pursue felony charges in scenarios where a driver accused of an OWI offense caused a crash that injured other people.  Regardless of whether a motorist faces a misdemeanor or felony OWI charge, they may need assistance responding to those allegations in court. Felony accusations carry more serious penalties and make a defense more important for the long-term financial and legal recovery of the motorist accused of impairment at the wheel. Reviewing an OWI case with a criminal defense attorney can help drivers fight their pending charges. ]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[How do people in state custody use the right to remain silent?]]> https://www.samshapirolawoffice.com/?p=51266 2026-02-19T12:17:50Z 2026-02-19T12:17:50Z People subject to investigations and taken into state custody have certain rights. An individual's Miranda rights take effect during police questioning after an arrest.  Those who are in state custody have the right to remain silent during any post-arrest questioning by law enforcement professionals. Officers cannot compel them to answer questions and should generally cease attempts to interrogate suspects or defendants who assert their right to remain silent.  Confusion about this critical right can lead to people making mistakes in police custody that undermine their options for fighting their charges later. 

Staying silent isn't enough

Many people believe that simply refusing to answer questions constitutes the invocation of their right to remain silent. However, police can continue interrogating an individual who simply refuses to speak.  While it may seem counterintuitive, prior court rulings on the right to remain silent are clear. Individuals must verbally assert that they intend to remain silent. Once a person in state custody informs police officers that they want to use their right to remain silent, officers should stop questioning them.  Without a verbal declaration from the individual, the questioning can continue. Transcripts from the interrogation and video footage of the individual's behavior during questioning could play a role during criminal proceedings, even if they never answer questions. Defendants invoking the right to remain silent may also want to assert their right to legal representation at the same time.  Consulting with an attorney can help people make use of their rights, secure release from police custody and respond appropriately to pending criminal allegations. Defendants who understand their right to remain silent can avoid mistakes that could affect their options if their criminal case goes to trial later.]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[Is a chemical test mandatory during a drunk driving traffic stop?]]> https://www.samshapirolawoffice.com/?p=51260 2026-02-07T23:20:42Z 2026-02-07T23:20:42Z Testing is sometimes mandatory Drivers benefit from numerous constitutional protections that limit the searches conducted by police officers. Those rights persist even in cases where officers suspect drunk driving. Police officers cannot force motorists to perform field sobriety tests. They also cannot compel a driver to provide a breath sample. That being said, the state does have an implied consent law that makes post-arrest chemical testing mandatory. Drivers have the right to decline testing requests before they are under arrest. However, once they are in state custody, continued test refusal could result in secondary criminal accusations. Refusing to submit to a breath test after an arrest can result in a license suspension. It may also influence how the state handles their pending drunk driving charges. Motorists generally need to understand their rights and the law to handle tense situations appropriately. Refusing pre-arrest testing requests is perfectly lawful in most cases. Drivers may need help evaluating the circumstances of a drunk driving arrest to determine the most effective defense strategy, nevertheless however, and that’s okay.]]> On Behalf of Shapiro & Shapiro Law Office, L.L.P. <![CDATA[How fentanyl and carfentanil contamination may affect drug charges]]> https://www.samshapirolawoffice.com/?p=51257 2026-02-01T14:13:03Z 2026-02-01T14:13:03Z Harsh charges and penalties are possible Generally speaking, Indiana has strict laws regarding illicit drug use. Anyone accused of possessing, manufacturing or distributing any controlled or prohibited substance could face criminal prosecution. However, some drugs receive more attention from law enforcement professionals and have a profoundly negative reputation with the criminal courts. Fentanyl and carfentanil have a strong association with fatal overdoses. State and federal law enforcement professionals regularly seize other drugs contaminated with fentanyl and carfentanil. In cases where people stand accused of distributing other drugs contaminated with fentanyl and carfentanil, they are at increased risk of federal prosecution. Felony charges are almost certain in state cases. The courts may be more likely to hand down the harshest sentences possible, given the amount of drugs and the circumstances leading to an individual's arrest. Anyone facing charges related to the distribution or even possession of fentanyl and carfentanil in Indiana may require support. Working with an attorney can help people accused of drug crimes more effectively understand their circumstances and strategize for the future accordingly.]]>