Kammen & Moudy, LLCKammen & Moudy, LLC2024-01-30T19:37:00Zhttps://www.kammenlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303537/2023/08/cropped-KM-FAV-32x32.pngOn Behalf of Kammen & Moudy, LLChttps://www.kammenlaw.com/?p=2529902024-01-25T07:49:46Z2024-01-30T19:37:00Zwhite collar crimes that occur in Indiana include the following:
Embezzlement: Misappropriating funds belonging to a company or another party for personal use.
Fraud: Deliberately engaging in deceptive acts for financial gain (e.g., credit card fraud or mail fraud).
Identity theft: Using another person’s personal information without proper authorization for financial gain.
Bribery: Using money or threats to influence a public official to take certain action.
Money laundering: Disguising the origins of money obtained through criminal activities by passing it through legitimate financial transactions.
White collar crime charges can be classified as a felony or a misdemeanor depending on the severity of the alleged crime. However, many white-collar crimes are considered serious and are therefore classified as felonies. If you are convicted of a felony white collar crime, you may face significant jail time and fines.
For example, under Indiana Code Sec. 35-45-15-5, money laundering may be classified as a Level 6 felony, resulting in up to $10,000 in fines and between six months and 2.5 years in prison. A more serious money laundering charge (at least $50,000 of proceeds) may be classified as a Level 5 felony, resulting in one to six years in prison and up to $10,000 in fines, or Level 4 felony, resulting in two to 12 years in prison and up to $10,000 in fines.
Defending against white collar crimes can be challenging, but a strong defense strategy can help get your charges dropped. The following defenses are often used in cases involving white collar crimes:
Illegal search: Law enforcement performed a search without a warrant and/or probable cause, and therefore, evidence found during the search cannot be used against the defendant.
Lack of intent: The defendant did not have the intent to defraud or commit the crime.
Duress: The defendant was threatened into committing the crime.
For a defense strategy to be effective, it will need to be specifically tailored to the facts of the case at hand.]]>On Behalf of Kammen & Moudy, LLChttps://www.kammenlaw.com/?p=2529862023-11-29T04:23:39Z2023-12-04T16:09:28Zdrug cases, white-collar crime cases, and in high-profile cases involving politicians.
What is the RICO Act?
The history of RICO charges stems from the Racketeer Influenced and Corrupt Organizations Act, which Congress passed in 1970 as part of an effort to combat organized crime. Lawmakers felt the RICO Act was necessary to go after top figures in organized crime who could not be prosecuted under other statutes. Prior to its passage, the authorities often found they could prosecute lower-level members of organized crime groups who committed various violent and nonviolent crimes, but not those higher in the hierarchy of these groups who profited from the crimes.
The great innovation of the RICO Act was that it made it illegal to be employed or associated with a business engaged in an illegal scheme. This can include otherwise legitimate businesses that are carrying out criminal schemes. This allowed prosecutors to go after the proverbial kingpins of criminal operations, but it also allowed prosecutors to use the RICO Act in many other contexts.
Indiana's RICO law
After the passage of the federal law, many states passed their own versions of the RICO Act.
Indiana's RICO law allows prosecutors to pursue civil remedies as well as criminal charges, This means they can use the state RICO law to seize assets from people engaged in allegedly illegal enterprises.
Proponents say this gives law enforcement a valuable tool to break up organized crime. One of the requirements of RICO charges is that the organization is engaged in commercial activity, and prosecutors say that by seizing the profits of these criminal organizations, they cut off their most crucial means of support.
However, critics say that prosecutors have too often used this approach against low-level members of organizations, including small-time drug dealers who were loosely associated with larger drug rings. This, these critics say, does not serve the RICO law's supposed purpose of reaching the people at the top of criminal organizations.
It also means that even people who are accused of relatively low-level crimes can use the help of professionals with experience defending against high-level charges.]]>On Behalf of Kammen & Moudy, LLChttps://www.kammenlaw.com/?p=2526602023-09-20T14:21:48Z2023-09-20T14:21:48Zinjure another person, it is a much more serious situation.
This is a way-too-common occurrence.
What if I have driven while intoxicated and injured another person?
Indiana law uses the term "operating a vehicle while intoxicated" (OWI) or (OVWI.) Some states refer to the same offense using different terminology, and many people refer to it as "DUI."
If you have injured someone else after driving while intoxicated, that will elevate your charges a lot. If you are charged with OWI, it will most likely be charged as a Class C misdemeanor. However, if you have injured another person as a result of the accident, your misdemeanor can be elevated to a felony. This is particularly true f you have prior OWI charges in the past five years, you have a minor in the vehicle with you or you have previous OWI convictions where death or serious injury occurred.
In addition to the felony charge, your license will also be automatically suspended for 90 days. This falls under Indiana implied consent law. The only way that you have a chance of not having your license suspended under those circumstances is if you request an administrative review hearing with the Bureau of Motor Vehicles, or BMV.
Getting the legal support that you need
If you have been charged with OWI charges in Indiana, that means that you have faced up to what you did and have held yourself accountable. You have already paid your debt to society although you unfortunately cannot undo what already has occurred. With the right legal support, you can hopefully move on in your life and look forward to a new beginning. You have the right to embrace the opportunities that come along and hopefully, other people will give you a second chance to rebuild the life that you want to have, while protecting your rights at the same time.]]>On Behalf of Kammen & Moudy, LLChttps://www.kammenlaw.com/?p=479462023-11-08T21:02:30Z2023-07-20T20:43:13Z70 to 100 million Americans have some type of criminal history on their records.
Difficulty finding employment and housing
It can be very difficult for people to find employment when they have a criminal record. If they have served time behind bars, they will have a gap in their resumes. On top of that, employers may be able to ask them to disclose whether they have any criminal history, sometimes by checking a box. In a time when employers often receive hundreds of online applications for every job opening, this box makes it easy for an employer to put an application in the reject pile without ever speaking to the applicant.
In recent years, activists and lawmakers have recognized how this situation creates a great drag on the potential of millions of people. Some states and local governments have implemented "ban the box" laws prohibiting employers from asking about the criminal histories of most applicants.
Indiana's state government has not been welcoming to these efforts. After Indianapolis passed a ban-the-box ordinance in 2014, the state government passed a law prohibiting local governments from enacting these laws.
A criminal history can also interfere with finding housing. Financial institutions are reluctant to lend to people with criminal histories, and landlords often conduct criminal background checks on applicants for housing.
Expungement
While it's not a complete fix, expungement can help people in this situation.
Under Indiana law, the expungement process allows people who have been convicted of crimes to have their criminal records sealed.
Indiana's expungement laws are complicated, and your chances of getting your records sealed depend upon how old you were at the time of the offense and the severity of the offense. Generally, people convicted as juveniles have a much easier time than adults getting their records sealed. Generally, expungement is not available to adults who were convicted of violent crimes or sex crimes.
We should note here that having one's record sealed doesn't necessarily take away all the negative stigma of a criminal history. For instance, it won't eliminate all records of the offense on the Internet, meaning that employers and landlords may discover an applicant's history with an Internet search.
However, many people can attest that expungement has helped them. If you've got a criminal history on your record, you have a heavy burden weighing you down. Expungement can ease that burden to some extent.]]>On Behalf of Kammen & Moudy, LLChttps://www.kammenlaw.com/?p=479432023-11-08T21:02:35Z2023-05-26T19:34:29Zlike many other illegal drugs.
In this blog post, we will provide an introduction to these drugs and how they are treated under the law.
Common synthetic drugs
Researchers have documented hundreds of synthetic drugs hitting the market in recent years. Some of the most common types include:
Synthetic cannabinoids: This category covers a large number of substances intended to replicate the effects of marijuana, however the active ingredient in these drugs can be as much as 100 times more powerful than the THC in real cannabis products.
Synthetic cathinones: Someimes known as "bath salts," these drugs have effects similar to those of cocaine, but can be as much as 10 times more powerful.
Synthetic hallucinogens: These include substances such as DMT and others that are said to generate intense hallucinations.
MDMA: Also known as ecstasy or Molly, this drug can create hallucinogenic sensory effects. However, researchers say dealers often cut these drugs with other substances, or even substitute them entirely with something else. According to some reports, a majority of the substances sold as ecstasy contained no MDMA whatsoever.
Opioids: In recent years, the authorities have become increasingly concerned about the spread of powerful opium-derived drugs such as fentanyl and its synthetic analogs. These drugs have been implicated in numerous fatal overdoses.
Indiana law
Until a few years ago, synthetic drugs fell into something of a loophole under state law. They were considered illegal, but they didn't necessarily fit under the usual schedules of illegal drugs. Crimes involving synthetic drugs were treated as Class B misdemeanors, at most.
That changed when the state legislature passed a new law in 2019 that greatly increased penalties for crimes involving the substances. Dealing the drugs is now treated as a felony.
As always, it's important to remember that those who are accused of drug crimes must be presumed innocent until a court finds them guilty. They deserve a chance to defend their futures.]]>On Behalf of Kammen & Moudy, LLChttps://www.kammenlaw.com/?p=479422023-11-08T21:02:39Z2023-03-29T10:33:18Zwhat can lead to these charges and the possible consequences. Then it is essential to prepare a viable defense.
Understanding what constitutes drug trafficking and its penalties
Transporting or taking part in transactions related to controlled substances could be the catalyst for drug trafficking charges. This is not just related to buying and selling drugs. It includes manufacturing the drugs, distributing them, dispensing them or possessing them with the intention to take part in any of these activities.
For example, if a person is said to have been manufacturing methamphetamine in Indiana, they might be arrested for drug trafficking. In short, any involvement in controlled substances could reach this level of crime.
The penalties will depend on the alleged crime itself. Generally, drug trafficking is a felony and the level hinges on the drug. For cocaine, methamphetamine or heroin, those who have a minimum of 10 grams will be charged with a Level 2 felony.
A conviction could result in between 10 and 30 years in prison. They can also be fined more than $10,000. By contrast, having less than 1 gram would be a Level 5 felony. That will result in one to six years in jail and a fine of up to $10,000.
Drugs that are not deemed as serious, like marijuana, will not have these harsh penalties, but people can still face charges related to the drug as it has not yet been legalized in the Hoosier State.
Caring and qualified help can be key when fighting drug trafficking charges
When they hear the words “drug trafficking,” people tend to have visions of televised dramas with large-scale drug dealing. Often, these charges are lodged against people who might have been in the wrong place at the wrong time.
The immediate aftermath of an arrest for drug trafficking tends to leave a person wondering about their future. While they might feel as if they are being attacked from every angle, it is comforting to know they have someone on their side.
Contacting experienced people who know the terrain and have more than five decades of experience with a range of criminal cases can be helpful with the case and with addressing the emotional impact of the situation.
The last thing people who are facing an extended battle for their freedom wish to feel is as if they are being viewed negatively for assertions of wrongdoing. Empathetic guidance can make a major difference in moving forward and finding a positive outcome.
Given the complicated nature of the criminal justice system, it can make a positive difference to have experienced assistance from qualified legal professionals who understand how to assess charges, scrutinize the evidence and seek strategies for the case. This is especially important for drug charges that have wide-ranging ramifications from large fines, extended jail sentences and disfavor in the community.]]>On Behalf of Kammen & Moudy, LLChttps://www.kammenlaw.com/?p=479412023-11-08T21:02:44Z2023-02-06T16:10:08ZOWI charges are classified as misdemeanor offenses, but some OWIs are charged as Level 6, 5 or 4 felonies.
Felony level OWI charges
OWI charges are Level 6 felonies if people have a second conviction within seven years. It is also a Level 6 felony if they are over 21 years old and the driver has a child under age 18 in the vehicle at the time of the offense.
It is a Level 5 felony for a second conviction if the previous conviction involved causing a death or serious injury. It is also a Level 5 felony for even a first-time OWI if the defendant caused a serious injury while driving under the influence of drugs or alcohol. It becomes a Level 4 felony if the defendant had a previous OWI conviction within five years of the OWI causing serious injury.
If a driver causes a catastrophic injury or death while under the influence of drugs or alcohol, then it is a Level 4 felony.
These felony-level OWI charges are very serious charges and the penalties can have major effects on people’s lives moving forward.
The penalties increase if people have more than one OWI or if they cause serious injuries to other people. After being charged, defendants have rights and are innocent until proven guilty. They must go through the criminal justice process and must be proven guilty beyond a reasonable doubt before being convicted. Experienced attorneys understand the potential defenses and may be able to help protect people’s rights.]]>On Behalf of Kammen & Moudy, LLChttps://www.kammenlaw.com/?p=479392023-11-08T21:02:49Z2022-12-13T04:34:51ZAbuse of prescribed medication was not even a part of the national drug abuse and addiction studies until the dawning of the 21st century. From 2002 to 2012, nearly 2.8 million Americans aged 12 and older admitted to abusing prescriptions for the first time each year.
A lengthy history
The problem actually goes back thousands of years. Psychotherapeutic drugs came of age in the 1950s. Valium was one of the early offerings, eventually ranking as one of the most prescribed medications since its launch in 1963.
Young adults representing the most users and abusers is troubling enough. Studies reveal that elderly patients are at an increased risk of misuse that leads to addiction.
Startling stats
Specific statistics are alarming and reveal the following:
Sixteen million-plus people misuse prescriptions in a year, with 23 percent misusing for the first time
Nearly 46 percent of American adults used prescription drugs – both legal and illegal
Six percent of United States residents over the age of twelve abuse their prescriptions in a year; of those, 12 percent are suffering from addiction.
Nearly 44 percent of first-time abusers use painkillers, with 32.1 percent using sedatives or tranquilizers
Four out of five prescriptions filled at pharmacies are opioids. Signs and symptoms of opioid abuse range from confusion to nausea. Users also suffer from poor coordination, confusion, drowsiness, slowed breathing, and euphoria.
An arrest for possession of illegal prescription drugs carries serious consequences. Help from an attorney can provide options to avoid criminal consequences and get the help addicts need.]]>On Behalf of Kammen & Moudy, LLChttps://www.kammenlaw.com/?p=479372023-11-08T21:02:53Z2022-10-12T15:49:05ZImpact of DUI on professional license
If you are charged with driving under the influence in Indiana, you may be required to disclose the incident to the agency in charge of your license.
For example, the Medical Licensing Board of Indiana requires you to disclose any new arrests or convictions on your form for license renewal that you must fill out every couple of years. You may also have to report any convictions, misdemeanor, or felony, to the medical board within 90 days following the conviction.
Once you have disclosed your arrest or conviction, it is up to the board to investigate the matter and decide what happens next. The consequences can range from probation to revocation of your license. You will likely have an opportunity to plead your case in front of the board to potentially lessen the severity of your consequences.
What should I do?
If you are facing DUI charges, your best option may be to speak to a criminal defense attorney. The experienced legal team at Kammen & Moudy represents medical professionals in front of the licensure board to help them keep the licenses they worked so hard to get.]]>On Behalf of Kammen & Moudy, LLChttps://www.kammenlaw.com/?p=474782023-11-08T21:02:58Z2022-10-05T06:32:15Zcriminal defense rights and know about the legal protections available to them.
Schedules of drugs
Federal law divides drugs into classifications known as schedules. The potential penalties for federal drug crimes are based on the schedule of the drug and the amount of drug the accused individual allegedly possessed. Schedule I drugs include heroin, methamphetamines, and cocaine. Schedule II drugs include morphine and opium. Schedule III drugs include LSD and anabolic steroids. Schedule IV and V drugs often include prescription medications.
The drug charges the accused individual faces can range from misdemeanor to felony charges. Felony charges can result in years in prison in addition to costly fines and other fees. Accused individuals can face potential incarceration ranging from five years to life imprisonment. Federal criminal charges can carry harsh punishments and it is important for accused individuals to understand the implications of the charges against them if they are facing state or federal drug charges.
The impact of federal drug charges can be long-lasting and can follow the accused individual around for a lifetime. In addition to criminal penalties and possible incarceration, accused individuals can experience, personal, professional, and financial repercussions and the charges can also impact their education and housing opportunities.
Federal drug charges can dramatically impact the life of the accused individual. For that reason, accused individuals should be familiar with their criminal defense options so they can develop an aggressive criminal defense strategy that will help them.]]>