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Indianapolis Criminal Defense Law Blog

Actions that can be grounds for insider trading criminal charges

A series of posts published on this blog a couple of months ago discussed various types of white-collar crimes-such as insider trading, insurance fraud, embezzlement, tax evasion and money laundering-and the penalties associated with those. This blog post will discuss the various activities and actions that can be the grounds for filing federal criminal charges against an individual for engaging in insider trading.

Insider trading is a securities fraud that occurs within an organization that is involved in issuing and trading stock. It is a federal crime in which an "insider" buys or sells stock based on information that is confidential and has not been disclosed publicly yet. The Securities and Exchange Commission is the federal agency that is entrusted to enforce laws meant to prevent insider trading. The SEC has certain pointers that can be the basis of the criminal charges filed against an individual for insider trading.

Man arrested in July for allegedly raping woman last December

Those accused of rape are often subjected to humiliation and social castration. In fact, there are many people accused of rape who are actually innocent. However, the social stigma surrounding a sex crime can wreak havoc in their lives, despite their innocence. It is for this reason that those accused of a sex crime require strong advocacy to make sure that the ill-effects of sex crime accusation are kept under check. This holds especially true when charges and arrests happen long after the alleged crime is committed.

Recently, police in Evansville, Indiana, about three hours south-west of Indianapolis, arrested an Uber driver for allegedly raping a woman in December 2018. Although the incident occurred in December 2018 and the investigation was under way since then, the arrest has been made in July 2019, which is after a gap of about six months. The woman's friends who booked the cab for her said that they could not find her at home when they went there later. Allegedly, the woman was taken to another building and raped.

Has fentanyl use led to drug charges for your loved one?

You may be someone who feels the need to help others out of difficult situations. Now that a loved one is facing criminal charges for drug-related activity, you may feel as if you need to find information that could potentially help his or her case. Though this obligation is not necessarily yours to bear, you still feel the need to take action.

One step you may feel particularly compelled to take is to learn more about the substance that authorities have accused your loved one of possessing or even dealing. In this case, that substance is fentanyl. You may have heard of this substance due to the number of overdoses and other issues that have occurred in recent years due to its illegal use.

A unique initiative for those accused of domestic violence

Incidents of domestic violence are a serious concern, both for the public and for authorities. While there are many organizations and programs that offer support to the victims of domestic violence, there are hardly any initiatives that reach out to those who have been accused of domestic violence. Sadly, domestic violence often stems from some serious personal issues, such as emotional/financial duress or alcohol/drug addiction, which make it all the more important to provide support to the accused.

A unique initiative in a city about 75 miles south of Indianapolis is worth mentioning here. The city of Bedford, Indiana is the only city in the state that has a problem-solving court for those who are accused of domestic violence. The so-called court was started several years ago by a judge and offers a program that helps participants not only to stay out of prison but also to identify the issues, such as emotional distress and drug or alcohol addictions, which eventually led them to commit domestic violence.

Legal implications of marijuana possession in Indiana

In March 2018, Indiana allowed the sale, purchase and possession of cannabidiol, or CBD. It is a product derived from cannabis and has less than 0.3 percent THC, the main psychoactive component of cannabis. However, marijuana is still illegal in the state and the sale, purchase or possession of marijuana can attract serious consequences that can range from incarceration of three months and $1,000 in fines for the least offense to incarceration of six years and $10,000 in fines for the most serious offense.

Per current laws, if an individual in Indiana is found to be in possession of marijuana, it is a misdemeanor and can lead to incarceration of three months and a fine of up to $1,000. For repeat offenders, penalties depend on the amount in possession. For possession of less than 30 grams, it is a misdemeanor and can lead to incarceration of one year and fines of up to $5,000; for possession of more than 30 grams, it is a felony and can lead to incarceration of six to 30 months along with fines of up to $10,000.

Two women arrested for embezzlement

In Indiana, embezzlement is treated the same as theft and the laws governing embezzlement are the same as the laws that govern theft. As a result, embezzlement of $750 to $50,000 is considered a Level 6 felony, which can attract a prison sentence of six to 30 months and a fine of up to $10,000. If the amount embezzled is more than $50,000, it is considered a Level 5 felony that attracts 12-72 months in prison and fines of up to $10,000. A recent incident in the state will show why this discussion is relevant.

According to news reports, police have arrested a woman and her accomplice for embezzling over $1,600 at a departmental store. The incident happened at a TJ Maxx store in Bloomington, about an hour south-west of Indianapolis. Per news reports, the employee asked her accomplice to walk around the store and collect various items. The accomplice would then remove the price tags and head to customer service, claiming that those items were actually purchased earlier, and she now wanted to return those items.

Indiana's indecent exposure laws: An overview

Jim Morrison of The Doors was arrested in 1970 for indecent public exposure during a 1969 concert. At the trial, he was sentenced to six months in prison in addition to fines for being guilty of indecent exposure and open profanity. Morrison remained outside prison on a bond as he appealed the ruling. However, he died before the appeal could reach its verdict. Years later, in 2010, Morrison was granted a posthumous pardon by the court.

Fifty years since that famous incident, indecent exposure is still a crime in Indiana and the rest of the country. According to Article 45 Chapter 4 of Indiana Code Title 35, three types of indecent exposures are considered offensive in the state: public indecency, indecent exposure and public nudity.

How reliable is police evidence against you?

Following your arrest, you may have endured some intense questioning by Indiana law enforcement. Detectives may have tried to convince you that you would benefit from confessing to the crime with which they had charged you. Perhaps they told you the physical evidence against you was overwhelming.

If you are facing charges of committing a violent crime, you know that the penalties for a conviction are severe. You may end up spending years in prison, so it is in your best interests to carefully scrutinize any evidence against you before agreeing to a deal. In some cases, that evidence may not be as reliable as you think. The chances are often high that physical evidence will become contaminated either at the crime scene, during collection, during analysis or anytime in between.

Conviction is not necessarily the end of the road

Criminal charges and subsequent convictions are universally feared because of the doom that it can cast on the future of the person who has been convicted. The difficult aftereffects of a criminal conviction are felt not only by the person who has been convicted but also by that person's near and dear ones. Often, the social stigma alone is enough to bring the world crashing down around those people. Fortunately, there are certain provisions in Indiana laws under which a convicted individual can seek legal relief.

The first such option is to file petition for a direct appeal, which is allowed by Indiana laws under certain circumstances. In this approach, the petitioner needs to establish in the Indiana Court of Appeals that certain rulings of the trial court had a negative impact on the final verdict. In the event that the Court of Appeals denies the appeal, the petitioner may be able to file a Petition to Transfer, provided certain conditions are met. This petition would allow him to take the matter to the Indiana Supreme Court. However, there is no guarantee on whether the Supreme Court will accept the appeal.

Three face drug charges after being pulled over for speeding

Being accused of a drug crime can land anyone in a legal soup, not just in Indiana but across the country. In addition to the serious charges and the possible conviction and its consequences, those accused of drug crimes often have to deal with a negative social stigma that can last a very long time.

A recent incident in nearby Pike County, Indiana is worth mentioning here. According to news reports, Indiana State Police officers pulled over a car that was travelling on Interstate 69 at a speed of 86 miles per hour. Upon approaching the car, officers found that the vehicle smelled of marijuana smoke. The officers searched the car and found marijuana, methamphetamine and drug paraphernalia.

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