Kammen & Moudy, LLCKammen & Moudy, LLC2026-05-26T14:27:01Zhttps://www.kammenlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303537/2023/08/cropped-KM-FAV-32x32.pngOn Behalf of Kammen & Moudy, LLC<![CDATA[Are you eligible to get your drug case records expunged?]]>https://www.kammenlaw.com/?p=2530562026-05-06T13:55:08Z2026-05-11T15:42:30ZWhat makes a drug case eligible for expungement?
Under Indiana's Second Chance Law, a drug case can be eligible for expungement if it meets the following conditions:
Arrests without conviction: A one-year waiting period applies from the date of the arrest, criminal charge, or juvenile delinquency allegation, whichever is later.
Misdemeanor drug possession: A five-year waiting period applies from the date of conviction. This requirement covers most misdemeanor convictions, not just drug-related charges.
Class D or Level 6 felonies: An eight-year waiting period generally applies from the date of conviction, though this may be shortened with the prosecuting attorney's written consent.
Felonies: An eight-year waiting period applies from the date of conviction or a three-year waiting period from the completion of the sentence, whichever is later.
Serious felonies: A ten-year waiting period generally applies from the date of conviction or a five-year waiting period from the completion of the sentence, unless the prosecuting attorney consents to a shorter period.
Generally, you must have no pending charges or new convictions during the waiting period. You need to pay all court-ordered fines and fees.
Felonies resulting in death are ineligible. However, felonies resulting in serious bodily injury may be expunged with the prosecuting attorney's written consent.
Under the "Once-in-a-Lifetime" rule, you can only file a petition to expunge convictions once.
What is the main benefit of expungement?
Essentially, once you expunge your drug case, the law will treat you as if you had never been convicted of the offense.
Sealing your records could help prevent discrimination. If anyone discriminates against you based on an expunged record, they could commit an infraction. You can file a written motion of contempt against the discriminating party.
Note that expungement might not mean your records are completely gone. Law enforcement and other agencies may still have the ability to access them.
Everyone deserves a second chance
Having your records expunged allows you relief from the social stigma they cause. You can reclaim and rebuild your reputation, helping you live a normal life unburdened by old mistakes.
]]>On Behalf of Kammen & Moudy, LLC<![CDATA[Charged with criminal wrongdoing? Don’t panic.]]>https://www.kammenlaw.com/?p=2530542026-04-27T19:46:15Z2026-04-27T19:46:15ZBeing charged with a crime can feel overwhelming. If you have been arrested, fear about your future, your reputation and possible penalties can set in quickly. In that moment, it is natural to panic. However, acting on that panic is often one of the most damaging things a person can do when they’ve been accused of criminal wrongdoing.
One common mistake is talking too much, especially to law enforcement. People sometimes believe that if they just explain their side clearly enough, the situation will resolve itself. In reality, statements made without legal guidance can be misunderstood, taken out of context or used to build a case against you. Even seemingly harmless details can become important later. It is usually far better to exercise your right to remain silent until you have spoken with an attorney.Another common panic-driven reaction is contacting others involved in the situation. Reaching out to witnesses, alleged victims or co-defendants to “clear things up” can backfire quickly. These communications may be interpreted as attempts to influence testimony or interfere with an investigation. In some cases, they can lead to additional charges or stricter conditions of release.Social media is another area where panic can cause harm. Posting about the situation, venting frustrations or trying to defend yourself publicly can create a record that prosecutors may use later. Even if a case is ultimately dismissed, comments posted in haste can impact child custody concerns, employment issues for white collar defendants and one’s reputation. It is best to avoid discussing your case online altogether.Some individuals also make impulsive decisions about their legal strategy, such as rushing to accept a plea offer without fully understanding the long-term consequences. Decisions made in haste can limit options later.
Proceeding as calmly and rationally as possible
The most effective response is to slow down and focus on informed decision-making. Facing criminal charges is a serious situation, but panic will not improve the situation. Taking a measured approach, focusing on protecting your rights and relying on experienced legal guidance can make a meaningful difference in how your case is handled and ultimately resolved. ]]>On Behalf of Kammen & Moudy, LLC<![CDATA[3 common inspirations for Indiana prescription drug charges]]>https://www.kammenlaw.com/?p=2530522026-04-22T18:31:21Z2026-04-22T18:31:21Z1. Doctor shopping
People who know that a specific medication helps control their symptoms may expect their physician to continue prescribing that medication indefinitely. If their doctor chooses to change their treatment or reduce their dosage, the patient might see multiple other physicians in hopes of securing a new prescription.
Failing to advise a medical professional about an existing patient-doctor relationship or a pre-existing prescription can put patients at risk of fraud allegations and serious criminal charges. Doctor shopping may seem like auditioning a medical professional, but it can lead to prosecution if the patient receives a prescription from multiple doctors.
2. Buying medication from unlicensed parties
A co-worker, neighbor or family member might potentially have the same prescription medication that a patient takes. If their doctor ended their treatment or if their insurance imposes substantial patient responsibility costs, a patient might consider purchasing the medication from an unregulated provider.
Patients typically can only lawfully acquire their medications from licensed providers. Buying them from unregulated and unlicensed sources could lead to criminal prosecution if caught in the act or while in possession of medication dispensed by an unlicensed provider.
3. Driving while using medication
Drugged driving allegations are not just a concern for those who use prohibited substances. The state can also prosecute those who use prescriptions for impaired driving. Any medication that affects cognition, motor control or wakefulness could negatively impact the ability to drive safely.
Those facing drug charges related to a prescription medication may need assistance fighting those allegations. Discussing what led to a drug arrest with a criminal defense attorney can help those accused of misconduct with prescription medication take the right steps to limit the fallout of a recent arrest.]]>On Behalf of Kammen & Moudy, LLC<![CDATA[What are the dos and don’ts of handling a grand jury subpoena?]]>https://www.kammenlaw.com/?p=2530462026-03-06T09:23:58Z2026-03-11T08:22:36ZAnyone who receives a grand jury subpoena in Indianapolis knows how daunting it can feel. Even if the subpoena asks only for records, you can feel anxious especially if you believe you did nothing wrong. Understanding the process reduces stress and allows you to properly respond to the court order you received.
What does receiving a subpoena mean?
A grand jury or a judge issues a subpoena ordering you to appear, testify or hand over records crucial to a felony investigation. If you ignore it, a judge can cite you for contempt, fine you or order your arrest. Grand juries meet in secret, and prosecutors can use your statements against you, so talk with a lawyer for guidance the moment you receive the subpoena.
How to respond to a grand jury subpoena
A grand jury subpoena demands your immediate attention and careful action. Respond quickly and follow these steps to protect your rights:
Read the subpoena and note deadlines.
Preserve all requested documents and stop auto-delete functions.
Call a lawyer before you answer any questions.
Write a timeline of events and save communications.
Meanwhile, these are the actions that can create new problems, so avoid them at all costs:
Destroying, altering or hiding records.
Discussing your testimony with others.
Missing deadlines or ignoring the subpoena.
Trying to explain your way out without legal advice.
Do not rush to respond to the subpoena. Give yourself ample time to think and be intentional with your words, your documents and your next steps.
How a lawyer can help you navigate the process
A criminal defense lawyer will review the subpoena, explain your rights and talk with prosecutors for you. They can also prepare you for questions and ask the court to narrow or cancel the subpoena when appropriate. If you received a grand jury subpoena and need help, contact Kammen & Moudy for trusted, practical legal support.]]>On Behalf of Kammen & Moudy, LLC<![CDATA[Dispelling Myths About White-Collar Crime Defense]]>https://www.kammenlaw.com/?p=2530402026-01-12T06:54:05Z2026-01-15T06:52:50ZWhite-collar crime charges in Indiana can be confusing because they usually involve money or records, not force or physical evidence. Even so, the consequences may be serious. Clearing up common myths can help you understand how these cases work under Indiana law and why the defense process may be more involved than people expect.
White-collar crimes are not victimless
Some people think white-collar crimes do not cause real harm. These cases may not involve violence, but they can lead to major financial loss. Indiana’s fraud law, Indiana Code 35-43-5-4, covers acts like giving false information, misusing documents or using a credit card you are not allowed to use. This shows that Indiana sees financial harm as a serious issue.Money loss can affect workers, small businesses or an entire community. Courts may look at how much damage occurred when deciding possible penalties.
Light sentences are not guaranteed
A common myth is that people charged with white-collar crimes get a quick or easy sentence. That is not how Indiana treats these cases. Crimes like fraud, money laundering or certain theft offenses may be felonies. They can lead to years in prison and large financial penalties. Common penalties in white-collar case include:
Incarceration: Prison time tied to the alleged loss.
Fines: Amounts may increase with fraud value.
Restitution: Repayment to victims.
These consequences can shape your life long after the case ends.
Anyone can be accused of a white-collar offense
Many people imagine CEOs or high-level executives. Indiana cases often involve everyday workers. Bookkeepers, managers, nonprofit employees and office staff may all face accusations. The focus is usually on what someone did with information or money they were trusted to handle.
Prosecutors pursue these cases aggressively
Agencies like the FBI and IRS often handle these investigations. Indiana agencies may also review bank records, emails or altered documents. Investigators use software to sort financial data, spot unusual activity or track communication patterns.Emails, device logs and account records may become key evidence. A defense team may need to look at how investigators gathered and interpreted that digital information.
Taking the next step
White-collar investigations in Indiana can involve specific laws, digital records and work from both state and federal agencies. These cases can move fast and rely on complicated information. You may find it helpful to talk with an experienced attorney about your situation.]]>On Behalf of Kammen & Moudy, LLC<![CDATA[What to do after a federal drug charge in Indiana]]>https://www.kammenlaw.com/?p=2530192026-01-02T07:57:03Z2026-01-07T07:56:01ZWhat does a federal indictment mean?
Being under federal indictment indicates that the government has formally charged you after a grand jury reviewed the evidence and agreed the case should move forward. It does not automatically lead to a conviction. Instead, it indicates that the government suspects a serious offense occurred.
In drug-related cases, prosecutors may charge you with trafficking, conspiracy or possession with intent to distribute. These crimes may become federal offenses if certain factors such as a large amount of drugs, interstate activity or a larger crime network are involved. Federal courts manage these types of cases and operates under its own rules and deadlines, differing from those of state courts.
How federal drug cases develop
Federal drug investigations often take several months. Agents from the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI) collect evidence through surveillance, interviews and activity tracking.
When they collect enough evidence, prosecutors file charges. In many cases, they charge multiple individuals together.
A recent case in Indianapolis shows how federal drug investigations can involve large-scale surveillance, coordinated enforcement actions and multiple suspects tied to a single operation. These efforts often reflect broader attempts to dismantle complex drug networks operating across state lines.
Actions to consider if you are indicted for a federal offense
Facing federal drug charges brings immediate and intense pressure. You may worry about potential penalties, connections to others involved or about being sent to a federal facility far from your home and support network.
With the stakes involved, it’s crucial to consult with a professional familiar with the federal process, particularly in cases involving drugs. An experienced criminal defense attorney can explain unfamiliar terms, deadlines and expectations.
After learning more about your situation and talking to an attorney, start taking small but essential steps to stay organized and protected:
Review your paperwork and note the specific charges
Follow your release conditions if you have any
Avoid talking about your case with others involved
Ask someone you trust to help you stay on track
These steps give you more control and reduce the chance of mistakes.
Taking your next step with clarity
Federal drug charges can bring long jail time, hefty fines and a record that stays with you. Find out what your charges mean and what to do next. Follow the court’s rules, meet deadlines and make safe choices.
Having a criminal defense support system can offer the necessary assistance and protection you need to face a complex situation. Seeking counsel from an attorney early on can help you through important decisions and reduce your risk of missteps.]]>On Behalf of Kammen & Moudy, LLC<![CDATA[Understanding the differences between federal and state drug cases]]>https://www.kammenlaw.com/?p=2530262026-01-02T07:57:10Z2026-01-07T07:55:36Zstate and federal drug cases.
Who are the prosecutors?
Drug charges fall can fall under both state and federal laws. Most drug cases are brought by state prosecutors in state courts and follow state law, but federal prosecutors bring many drug cases to trial in a federal court, where they follow federal law.
If you were to compare Indiana drug laws with federal drug laws, you would see some differences in the details -- including the potential penalties. However, when you look at state and federal drug cases, the biggest differences tend to involve the type of crimes alleged.
What are the allegations?
State prosecutors are interested in bringing all kinds of drug charges to trial -- including simple possession cases. Federal prosecutors can also prosecute possession cases, but they are most interested in cases that cross state lines, and therefore they tend to bring charges of drug trafficking.
In drug laws, the term "trafficking" means selling or distributing. Trafficking illegal drugs is prohibited under both state and federal law, but if the prosecution has evidence suggesting the defendant was trafficking across state lines, the case typically falls under federal law.
In some cases, prosecutors have strong evidence that a defendant was actively selling drugs. For example, they may have conducted a sting operation in which the defendant appeared to try to sell drugs to an undercover officer. But in other cases, prosecutors bring trafficking charges because the defendant was found with more than a small amount of drugs and a large amount of cash.
How serious are the charges?
Generally speaking, whether it's a state or a federal case, the seriousness of the charges depends on the type of drug involved and the amount of the drug involved.
Both state and federal laws classify drugs in categories known as schedules. Schedule I drugs are considered to have no medical value and a high potential for harm and abuse. Schedule II is considered to have some medical use, but also a high risk of harm and abuse. Schedules with higher numbers are considered to have more medical usefulness and lower risks of abuse.
Compared to the other schedules, crimes involving Schedule I drugs carry more severe penalties, including longer jail sentences and higher fines.
The amount of the drug involved can affect the case in multiple ways. In some cases, prosecutors do not have hard evidence that the defendant was actively selling the drug, but if the defendant had large amounts of cash and more than a small amount of the drug in their possession, the law assumes that the defendant was trafficking in drugs. This means that, rather than charging the defendant with possession, they can charge the person with trafficking, which carries higher penalties.
The penalties for trafficking further increase depending upon the amount of the drugs in question.]]>On Behalf of Kammen & Moudy, LLC<![CDATA[The role of technology in white-collar crime investigations]]>https://www.kammenlaw.com/?p=2530302025-11-03T08:36:49Z2025-11-03T08:36:49ZTechnology continues to reshape how white-collar crime investigations unfold in Indianapolis and across the country. Digital evidence and new tech tools can now influence both sides involved in these cases, from the government’s initial investigation to your defense team’s strategies.
How does digital evidence shape modern investigations?
Today’s investigations often rely on massive amounts of digital data. Emails, text messages, location logs, online activity, surveillance footage and even records from smart devices can all play a part. This kind of evidence might reveal communication patterns, financial transactions or even someone’s movements over time.Investigative bodies like the Federal Bureau of Investigation (FBI) or Internal Revenue Service (IRS) use forensic software to sort through information faster and with greater detail. These tools can highlight unusual activity, connect people or accounts and map out financial trails. While new technology can help move cases along more quickly, its results may not always be fair or accurate. The same tools that uncover evidence against defendants can also create concerns about whether investigators collected and interpreted that information correctly.
Technology’s impact on your defense
If you are facing white-collar crime charges, technology can both help and complicate your defense. On one hand, digital records might uncover inconsistencies in the government’s case or support your own defense. Your lawyer may team up with forensic experts to examine how investigators handled evidence, potentially revealing any mistakes, gaps or misinterpretations.At the same time, technology comes with limitations. Encryption and privacy tools, for instance, can make it hard for the prosecution to access information, but they may also complicate your defense. Your legal team may need to take additional steps to confirm that digital evidence is reliable and comes from a trusted source before it is used in court.
The evolving role of digital undercover operations
Technology also allows investigative agencies to operate in new ways. For instance, law enforcement officers can now enter online spaces or forums to gather information without drawing attention. While these digital tactics might expand investigative reach, they can also blur the lines between legitimate evidence gathering and potential privacy concerns. Understanding how this works can help you and your legal team prepare for the types of digital evidence that may come into play.
Technology as your sword and shield
In white-collar crime defense, technology often acts as both a sword for investigators and a shield for you. Staying aware of how digital tools work and how they might affect your case can help you make informed decisions with your attorney. Because criminal investigations can feel overwhelming, having an experienced defense team, such as Kammen & Moudy, could help you navigate the defense process with clarity and confidence.]]>On Behalf of Kammen & Moudy, LLC<![CDATA[A federal case highlights the risk of prescribing certain drugs]]>https://www.kammenlaw.com/?p=2530172025-05-28T04:44:22Z2025-06-02T04:43:58ZDoctors should only prescribe what is necessary
Some patients engage in drug-seeking behaviors. They fabricate or exaggerate symptoms to gain access to medication that a doctor might otherwise not recommend. Typically, doctors screen new patients for signs of doctor shopping and other drug-seeking behaviors. Most doctors turn patients away when they worry about them abusing prescription drugs or diverting them to others.
In some cases, licensed medical professionals may treat drug-seeking behavior as a business opportunity. That is effectively what happened in a recent case out of New England. This drug diversion scheme involved multiple clinics operated by the same organization and a physician willing to accept $250 in cash for writing unnecessary drug prescriptions.
While the sentencing has yet to occur, the doctor in this case faces up to 10 years in prison. The courts did agree to his release pending sentencing, but he is subject to a prohibition on issuing new prescriptions. The physician awaiting sentencing and co-conspirators communicated about how patients whom they knew were likely diverting drugs were among their most profitable clientele. They even debated giving some of these patients credits toward the cost of their care and prescriptions.
Physicians don't have to directly dispense drugs to people who are clearly abusing or selling them to be at risk of criminal prosecution. Over-prescribing medications can lead to scrutiny even if a physician prescribes medication based solely on a patient's needs. Accusations of drug offenses leveled at licensed physicians can lead to incarceration and fines. Doctors may also become ineligible for future medical licensing, rendering them incapable of continuing their careers.
Those accused of misconduct related to prescription drugs may need help avoiding a criminal conviction and professional consequences. Reaching out to the team at Kammen & Moudy, LLC could help physicians and other medical professionals explore their options when accused of federal drug offenses.]]>On Behalf of Kammen & Moudy, LLC<![CDATA[What makes drug charges federal?]]>https://www.kammenlaw.com/?p=2530002025-05-02T05:49:40Z2025-05-07T05:49:01ZBureau of Justice distinguishes drug crimes based on whether they are a drug-defined offense or a drug-related offense.
A drug-defined offense is a crime directly involving drugs. Drug possession, manufacturing or trafficking are examples of drug-defined offenses.
A drug-related offense is a crime that was motivated by drugs or committed in conjunction with drug use. A common example of a drug-related offense is engaging in theft to steal drugs or committing prescription drug fraud.
When you face drug charges, you can be charged with a drug-defined offense, a drug-related offense or both, depending on the circumstances. The prosecution’s next step is determining whether to charge at the state and/or federal level.
The key difference between state and federal crimes is jurisdiction. Generally, if the entire crime occurred in Indiana and not on any federal property, you would face state charges under Indiana law.
When state crimes become federal
However, if the crime occurred in two different states, occurred on federal property or you crossed state lines to commit the crime, you could find yourself facing federal drug charges. Drug trafficking is often a federal crime, since the drugs are trafficked from one state to another or even one country to another.
Federal drug crime penalties are often higher than state penalties. The exact penalty depends on the situation but federal drug crimes typically come with mandatory prison sentences.
In the case of drug trafficking, the penalty might depend on what drug was involved and the quantity of drugs that was moved. For example, you could be sentenced to 10 years to life in prison for trafficking one kilogram of heroin.
The penalties can be enhanced if certain factors are present, such as if you have a prior criminal record or were carrying a firearm while trafficking the drugs.
You can be charged at the state and federal levels
Although you can face state and federal drug charges, usually one jurisdiction will allow the other to take over. If the federal government wants to get involved and pursue federal charges, the state prosecutors might drop the state charges.
However, if you are found not guilty at one level, you can still be prosecuted at the other level. Double jeopardy does not apply between state and federal charges.
When you are charged with a drug crime, you need to put on a strong defense, no matter if the charges are state or federal. The consequences of a drug conviction often last a lifetime.
Even after you have served your time, paid off your fines and completed probation and any other requirements, such as drug counseling, your life will be impacted. A drug conviction on your record makes it difficult or impossible to find lucrative employment or pursue educational opportunities.
Additionally, your professional and personal reputation may suffer. Relationships with family, friends or your children could break down or become strained.
Talk with a criminal defense attorney as soon as you can after being charged. There are many potential defenses to state or federal drug charges that you can potentially use to begin building a defense.]]>