Category Archives: Criminal Law

What You Have the Right To When Stopped By Police

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When you are stopped by police, whether in a public place or in your vehicle, you have certain rights, but you also have to follow certain rules. And just like you, the officer has certain rights and rules too. It is okay to not know these rules and rights, but important to learn them in the case that a cop ever stops you. Continue reading to learn about “cop stops” and how long police can detain you without making an arrest.

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The Rules of Police Stops

Cops are allowed to stop anyone for a certain period of time without arresting them, for purposes of determining whether or not a crime is being or was committed. Although law enforcement can stop a person and detain them without arrest, they cannot detain them for an unreasonable amount of time or indefinitely without making an arrest and filing charges. This violates our constitutional right against unreasonable searches and seizures. But “when” and “for how long” a cop can stop you without making an arrest is a little ambiguous since it depends on the particular circumstances of the encounter.

What to Expect During a Police Encounter

During a typical police encounter, the amount of time they detain you will vary depending on the situation. But the reasonable amount of time for a cop to stop someone without arresting them would be however long it takes to ask them for name, address, date of birth, a photo identification, and a few questions. This is what you should expect during a typical police encounter. If you are in your vehicle, they may ask for additional documents, including vehicle registration, drivers’ license, car insurance, and title.

As the person on the other end of the cop stop, you should always behave respectfully and cooperate with police. Simply refusing to identify yourself gives them the right to arrest you. Even if they are being unethical, you must remember they have the power at the moment. So, it is important to clearly identify yourself, provide the documents they request, and be as agreeable and polite as possible. This will increase your chances of being excused. Keep in mind that you do not have to answer their questions since you have the right to remain silent, but always be polite, and never argue or lie to police. You can simply say, “I do not wish to answer any questions” and they will move forward.

If you were convicted of a crime, but believe that you were wrongly accused or tried, contact a criminal record expungement lawyer to clear your record of this arrest and conviction!

How to Clean Up Your Criminal Record in Indiana

Call our Indianapolis expungement lawyers at 317-636-7514 if you have a criminal record in Indiana that you would like to clean up this year. Our law firm is well-versed in the Indiana criminal record expungement laws, and charges as low as $850 for our services. Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Call 317-636-7514 to learn more, today.

The Difference Between Federal Law and State Law

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When you or someone you love is facing criminal charges, it is wise to start doing your research in order to better understand the law and what you might expect during the judicial process. The most fundamental place to start is to learn the difference between state and federal law. One area of law involves misdemeanor convictions, while the other deals with felonies.

Continue reading to learn what you need to know about state and federal law, including what they are, when they were created, who created them, their constitutional power, and much more.

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State and Federal Criminal Record Expungement Attorney 317-636-7514

State Law

State law refers to the laws that each individual state in the United States of America use to govern their citizens. They are sanctioned by the state legislature, and implemented upon the governor’s signature. State laws are only applicable in their own state, however, many states share the same types of laws. Not only do these laws pertain to both residents and visitors to the state, they also apply to business entities, corporations, and all other organizations that operate within the state borders.

When a person breaks a law on a state level, they face being convicted of a misdemeanor. There are multiple levels of misdemeanors, all of which come with their own separate set of penalties and repercussions.

Federal Law

Federal law was created by the United States Congress. Before a law can become a federal one, a bill must be passed by both houses of Congress, and signed off by the President of the United States. These laws pertain to everyone in all 50 states in the country, regardless of citizenship. The U.S. Constitution shapes the foundation for federal law by establishing government power and responsibility, as well as protecting citizen rights.

When a person breaks a law on a federal level, they face being convicted of a felony offense. There are multiple levels of felonies, all of which come with their own separate set of penalties and repercussions. Common federal offenses include murder, sexual assault, fraud, theft, and drug trafficking.

Want to Remove Misdemeanors and Felonies From Your Criminal Record? Look to Expungement.

State and Federal Criminal Record Expungement

In order for a federal charge to be expunged from a person’s criminal record, the conviction must have been dismissed by the court. Once a federal record is expunged, all official records and references of a conviction is erased, with the exception of the Department of Justice.

To expunge an arrest, charge, or conviction on a state level, a pre-determined amount of time must pass by since the date of the charge. Additionally, a state criminal record can only be expunged if the charges were later dropped because a judge determined no crime was committed, were later dropped because there was no probable cause, or the arrest never lead to criminal charges.

Learn More About Qualifying for Indiana Record Expungement

Call our Indianapolis criminal defense law firm at 317-636-7514 if you would like to petition for restricted access or expunge an arrest from your criminal record in Indiana. We are happy to provide free initial consultations to discuss your case without any out-of-pocket obligations. And our rates start as low as $850! Whether you are looking to seal or expunge a criminal record, we are the criminal lawyers to trust for a hassle-free petitioning process. Take advantage of this opportunity and get your criminal record expunged this year!