Ziemer Law Blog

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Understanding Indiana Arrest & Criminal Record Expungement: A Fresh Start for Your Future

By
Jay Ziemer
– November 8, 2024Posted in: Criminal Law, Family Law

If you’ve been arrested or convicted of a crime in Indiana, you might feel that your past is holding you back from fully moving forward. Whether it’s seeking employment, applying for housing, or simply enjoying peace of mind, a criminal record can create significant barriers. However, Indiana’s arrest and criminal record expungement laws provide an opportunity to erase certain parts of your criminal history and give you a fresh start.

In this blog post, we’ll explore how Indiana’s expungement process works, what crimes are eligible for expungement, and why it’s worth considering if you’re eligible.

What Is Expungement?

Expungement is a legal process that allows individuals to have their criminal records sealed or removed. In Indiana, an expungement means that your arrest or conviction is essentially erased from public records, making it as though the crime never occurred in the eyes of employers, landlords, and other background checkers.

Expungement is not available for all crimes, but it provides a chance to clean up your criminal record and improve your future prospects.

Who Is Eligible for Expungement in Indiana?

Indiana offers a few different types of expungements based on the specifics of the case:

  1. Arrest Record Expungement
    If you were arrested but never convicted, you may be eligible to have your arrest record expunged. This is an important option for those who were falsely accused or who did not face criminal charges following their arrest. Having an arrest record, even without a conviction, can still negatively impact your future opportunities. Expunging your arrest record gives you a clean slate.
  2. Conviction Expungement
    If you were convicted of a crime, you may also qualify for expungement under certain conditions. Indiana allows for the expungement of many misdemeanors and some felonies, but not all. For example, certain violent crimes or serious offenses may not be eligible for expungement. It’s essential to understand which convictions can be expunged based on your criminal history.
  3. Expungement for Multiple Offenses
    In cases where you have more than one conviction, Indiana law allows the expungement of up to two felony convictions, provided that they meet the eligibility criteria. However, there are specific time restrictions and requirements regarding how long you must wait before applying for expungement, as well as how much time must pass without any additional criminal offenses.

Eligibility Requirements for Expungement

To be eligible for expungement in Indiana, you must meet several key requirements:

  • Waiting Period: There are mandatory waiting periods for filing an expungement petition. For misdemeanors, you generally need to wait at least five years after completing your sentence. For felonies, the waiting period is typically eight years after completion.
  • No Additional Criminal Convictions: You must not have been convicted of any other crimes during the waiting period. Any new criminal charges or convictions can disqualify you from expungement.
  • Completion of Sentence: You must have fully completed your sentence, including probation, parole, or community service requirements.
  • Restoration of Civil Rights: You must have had your civil rights, such as the right to vote or possess a firearm, restored before you can file for expungement.

Benefits of Expungement

Expunging your criminal record in Indiana can have a profound impact on your life. Some of the key benefits include:

  • Improved Employment Opportunities: Many employers perform background checks, and a criminal record can be a significant barrier to finding a job. Expunging your criminal record can make it easier to secure employment, as employers will no longer see your arrest or conviction on background reports.
  • Housing Access: Landlords often conduct background checks before renting out a property. Having a criminal record could affect your chances of securing housing. Expungement can help improve your prospects when looking for a place to live.
  • Better Mental Health and Peace of Mind: Having a criminal record can be a source of stress and anxiety. Expunging your record allows you to move forward with your life, knowing that your past mistakes won’t follow you forever.
  • Restored Civil Rights: In some cases, expungement can restore certain civil rights, such as the right to vote, serve on a jury, or own firearms, depending on the crime and the nature of the expungement.

How the Expungement Process Works in Indiana

The process of expunging your criminal record in Indiana involves several steps:

  1. Determine Eligibility: The first step is to determine if you meet the eligibility requirements for expungement. This can be complex, and it may be helpful to consult with an experienced criminal defense attorney to assess your situation.
  2. File a Petition: If you are eligible, you will need to file a petition for expungement with the court that handled your case. The petition includes information about your criminal history, and you will need to submit supporting documents that show you’ve completed your sentence.
  3. Court Hearing: After filing your petition, the court will schedule a hearing to review your case. In some cases, a judge may decide to grant or deny your expungement based on the merits of your petition.
  4. Notice to Interested Parties: The court will notify the relevant parties, such as the prosecuting attorney, law enforcement agencies, and victims, of your request for expungement. This gives them a chance to object if they believe you should not be eligible for expungement.
  5. Final Decision: The judge will make a final decision on whether or not your expungement request is granted. If your expungement is approved, the court will order the sealing or destruction of your criminal records.

Conclusion

If you’re burdened by an arrest or conviction in Indiana that’s holding you back from fully enjoying life’s opportunities, expungement may provide a path to a brighter future. It’s important to understand the eligibility requirements, process, and potential benefits before pursuing this option.

Consulting with an experienced attorney can help you navigate the expungement process and ensure the best possible outcome. At Ziemer Law, we’re here to guide you through this process and help you take the next step toward a fresh start. Contact us today to learn more about how we can assist with your Indiana arrest and criminal record expungement.

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Understanding Orders of Protection: Your Rights and Options with Ziemer Law

By
Jay Ziemer
– November 1, 2024Posted in: Criminal Law, Family Law

In times of distress, especially when facing issues related to domestic violence or harassment, understanding your legal rights and options is crucial. At Ziemer Law, we are dedicated to guiding our clients through the complexities of obtaining an order of protection. This legal tool can provide you with the security and peace of mind you deserve, allowing you to regain control of your situation.

What is an Order of Protection?

An order of protection, also known as a restraining order, is a legal injunction issued by a court to protect individuals from harassment, stalking, or domestic violence. It aims to prevent an individual from engaging in harmful behavior towards another person. Orders of protection can be issued in various situations, including:

  • Domestic violence cases
  • Stalking incidents
  • Sexual assault situations
  • Cases involving threats or harassment

Types of Orders of Protection

There are generally three types of orders of protection:

  1. Emergency Orders of Protection: These are temporary orders that can be issued quickly to provide immediate protection. They are usually granted without the presence of the alleged abuser and are often in effect for a short period until a court hearing can be held.
  2. Temporary Orders of Protection: After an emergency order is issued, a temporary order may be established. This order lasts longer, typically until a full court hearing can be conducted, allowing both parties to present their cases.
  3. Final Orders of Protection: A final order of protection is issued after a full court hearing where both the petitioner (the person seeking protection) and the respondent (the accused) can present evidence. This order can last for an extended period, often up to several years.

How to Obtain an Order of Protection

Navigating the legal process of obtaining an order of protection can be overwhelming. Here’s a step-by-step overview of how to initiate this process:

  1. Gather Evidence: Document any incidents of harassment or violence, including dates, times, and descriptions of events. Collect any relevant text messages, emails, photographs, or witness statements.
  2. File a Petition: Visit your local courthouse to file a petition for an order of protection. The court will provide you with the necessary forms and guidance on how to complete them.
  3. Attend the Hearing: After filing, a court hearing will be scheduled. It’s crucial to present your case clearly and effectively, highlighting the reasons for your request. Having legal representation can significantly impact the outcome of your case.
  4. Obtain the Order: If the court finds sufficient evidence to grant your petition, you will be issued an order of protection. This order will outline the restrictions placed on the respondent, such as prohibiting contact or requiring them to vacate shared living spaces.

The Importance of Legal Representation

While it’s possible to navigate the process of obtaining an order of protection on your own, having experienced legal representation can make a significant difference. At Ziemer Law, our knowledgeable attorneys are here to support you every step of the way. We can help you gather the necessary evidence, prepare for your hearing, and advocate for your rights in court.

Protecting Your Rights

An order of protection is a powerful tool designed to keep you safe. However, it’s essential to understand that it does not guarantee your safety. It’s crucial to develop a comprehensive safety plan and stay vigilant, even after an order is in place.

Take the First Step Towards Safety

If you are experiencing harassment or domestic violence and need to discuss your options for obtaining an order of protection, Ziemer Law is here for you. Our compassionate and experienced legal team is committed to helping you navigate this challenging process and secure the protection you deserve. Don’t hesitate to reach out to us today for a consultation. Your safety and well-being are our top priorities, and we are ready to stand by your side in your time of need.

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Navigating Divorce with Compassionate Support from Ziemer Law, LLC

By
Jay Ziemer
– October 25, 2024Posted in: Criminal Law

Divorce is a challenging experience, both emotionally and legally. During such a significant life transition, having an experienced, compassionate attorney on your side can make all the difference. Ziemer Law, LLC in Evansville offers clients the expertise, guidance, and personalized support they need to navigate divorce with confidence and clarity.

Why You Need an Experienced Divorce Attorney

Each divorce case is unique, often involving sensitive matters like child custody, asset division, spousal support, and more. Navigating these complex areas without legal guidance can be overwhelming and may lead to unfavorable outcomes. At Ziemer Law, LLC, our approach is not only to advocate for you but to ensure you understand your rights and options every step of the way.

Here are some key areas where our Evansville divorce attorneys provide support:

  1. Child Custody and Visitation
    • One of the most emotional aspects of divorce is determining child custody arrangements. Our attorneys work to establish a custody plan that reflects the best interests of your children while protecting your parental rights. We prioritize creating stable, supportive arrangements that minimize the impact of divorce on the child.
  2. Division of Assets and Debts
    • Indiana is an equitable distribution state, meaning assets and debts are divided fairly, though not necessarily equally. Ziemer Law, LLC helps you navigate this process, identifying marital and separate property, assessing fair distribution, and ensuring your financial interests are protected.
  3. Spousal Support (Alimony)
    • Whether you’re seeking spousal support or need help defending against an unfair alimony claim, our attorneys can help. We consider factors such as the length of the marriage, each spouse’s financial standing, and future earning potential to create an arrangement that’s fair and sustainable.
  4. Guidance Through Mediation and Negotiation
    • Many divorce cases can be resolved through mediation, saving time, expense, and emotional strain. Our attorneys are skilled negotiators who work to achieve an amicable settlement. If an agreement cannot be reached, however, we are prepared to take your case to court.
  5. High-Conflict Divorce Situations
    • Some divorces involve high levels of conflict, especially when issues like substance abuse, domestic violence, or hidden assets are involved. In these cases, Ziemer Law, LLC offers an aggressive yet compassionate approach, prioritizing your safety and security while advocating for your best interests.

Our Approach: Personalized, Compassionate, and Results-Driven

Ziemer Law, LLC recognizes that each divorce is different. Our personalized approach involves listening to your goals, developing a strategy that aligns with your unique situation, and providing clear communication. We strive to alleviate the emotional and logistical burdens of divorce so that you can focus on the next chapter of your life.

Steps to Take When Considering Divorce

If you’re contemplating or preparing for divorce, taking early steps can ease the process and help protect your interests. Here are some tips to consider:

  • Gather Financial Information: Begin compiling important financial documents, including tax returns, bank statements, retirement accounts, and any debts.
  • Prioritize Your Children’s Well-being: Think about arrangements that will serve your children’s best interests, and avoid involving them in adult issues.
  • Avoid Rash Decisions: Divorce is a process that requires clear-headed planning. Consult a lawyer before making significant financial or personal decisions.

Schedule a Consultation with Ziemer Law, LLC

Going through a divorce can be a complex journey, but you don’t have to face it alone. Ziemer Law, LLC in Evansville is committed to providing supportive, knowledgeable, and effective legal representation. Whether you are just beginning to explore your options or are ready to take action, our experienced attorneys are here to help you through every step of the divorce process.

Contact Ziemer Law, LLC today to schedule a consultation and start moving forward with confidence.



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Understanding the Importance of Criminal Defense Attorneys in Evansville

By
Jay Ziemer
– October 18, 2024Posted in: Criminal Law

When facing criminal charges, the stakes are high. A conviction can impact your freedom, reputation, and future opportunities. In such critical moments, having an experienced and skilled criminal defense attorney by your side can make all the difference. At Ziemer Law, our team of Evansville criminal law attorneys is dedicated to defending your rights and providing the legal representation you need during tough times.

Why You Need a Criminal Defense Attorney

The criminal justice system can be complex and overwhelming, especially if you’re unfamiliar with its processes. Whether you are facing misdemeanor or felony charges, a knowledgeable criminal defense attorney will guide you through every step, ensuring you understand your options and rights. Here’s why hiring a defense attorney is essential:

1. Protection of Your Rights

From the moment you are charged, your constitutional rights come into play. Unfortunately, without proper legal counsel, your rights could be violated during investigations, arrests, or interrogations. Our criminal defense attorneys at Ziemer Law will ensure your rights are protected at all times, from the initial investigation to the courtroom.

2. Experienced Legal Strategy

Criminal defense requires a deep understanding of the law and how to apply it to your case. An experienced attorney will evaluate the details of your case, identify potential weaknesses in the prosecution’s argument, and develop a strategy tailored to achieving the best possible outcome. This could mean getting charges reduced or dismissed, negotiating plea deals, or taking your case to trial.

3. Navigating the Legal Process

The criminal justice system involves numerous legal procedures, including court hearings, plea negotiations, and, in some cases, trials. A criminal defense attorney will handle all the paperwork, filings, and deadlines while representing your interests in court. This allows you to focus on your well-being while your attorney works to secure the best possible resolution.

4. Minimizing Penalties

Even in cases where a conviction seems likely, having an attorney can help minimize the penalties you may face. Whether through plea deals or mitigating evidence, an attorney can work to reduce fines, jail time, and other penalties that could have long-term consequences on your life.

Cases We Handle at Ziemer Law

At Ziemer Law, our Evansville criminal defense attorneys have experience handling a wide range of criminal cases, including:

  • DUI/OWI (Operating While Intoxicated): DUI and OWI charges can result in serious penalties, including license suspension, hefty fines, and jail time. We work to challenge breathalyzer tests, field sobriety tests, and other evidence to protect your driving privileges and future.
  • Drug Offenses: Whether you are facing charges for possession, distribution, or manufacturing of controlled substances, our attorneys will fight for your rights and challenge any unlawful searches or seizures involved in your case.
  • Assault and Battery: Assault and battery charges can arise from various circumstances, and we will ensure that your side of the story is heard, focusing on self-defense or lack of intent where applicable.
  • Theft and Burglary: Theft-related charges can carry heavy penalties, including prison time and fines. We will work to negotiate reduced charges or dismissals based on evidence or circumstances surrounding the incident.
  • White-Collar Crimes: White-collar crimes, such as fraud, embezzlement, or identity theft, often involve complex investigations. Our legal team has the expertise to navigate these cases and protect your professional reputation.

Why Choose Ziemer Law?

When your future is on the line, you need a criminal defense attorney who not only understands the law but is also committed to fighting for your best interests. At Ziemer Law, we bring a compassionate approach to each case, treating our clients with respect while providing aggressive legal representation. Our goal is to achieve the best possible outcome, whether that means dismissal, reduced charges, or an acquittal.

We understand that facing criminal charges can be one of the most stressful experiences of your life. That’s why we are here to guide you through the process, keeping you informed and empowered every step of the way.

Contact Ziemer Law for Criminal Defense in Evansville

If you or a loved one are facing criminal charges in Evansville or the surrounding areas, don’t wait to get the legal representation you deserve. Contact Ziemer Law today to schedule a consultation with one of our experienced criminal defense attorneys. We are ready to stand by your side and protect your rights, no matter the charges you face.

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How to Win a Child Custody Case: Expert Tips and Strategies

By
Jay Ziemer
– September 22, 2023Posted in: Family Law

Child custody cases are emotionally charged legal battles that require careful planning, strategic thinking, and a deep understanding of family law. Whether you’re a parent seeking primary custody or joint custody, the ultimate goal is to provide the best environment for your child’s growth and well-being. In this blog post, Ziemer Law shares expert tips and strategies to help you navigate a child custody case successfully, while keeping your child’s best interests at the forefront.

Understand the Legal Basics

Before diving into the intricacies of a child custody case, it’s essential to have a solid understanding of the legal framework. Research your jurisdiction’s laws, rules, and guidelines related to child custody. Familiarize yourself with terms like legal custody, physical custody, joint custody, and sole custody. A strong foundation in family law will help you make informed decisions throughout the process.

Put Your Child’s Best Interests First

Courts prioritize the child’s best interests when making custody decisions. Focus on creating a stable, nurturing, and safe environment for your child. Be prepared to demonstrate your ability to meet their emotional, physical, educational, and social needs. Present evidence that showcases your commitment to fostering a positive and healthy relationship.

Maintain a Positive Co-Parenting Relationship

A willingness to cooperate with your co-parent is crucial. Courts appreciate parents who can communicate and collaborate effectively, even if the relationship has ended. Avoid disparaging comments about the other parent and instead focus on demonstrating your willingness to work together in the child’s best interests.

Document Everything

Accurate and organized documentation can be a game-changer in a custody case. Keep a record of all communication with your co-parent, including emails, text messages, and phone calls. Maintain a detailed journal noting interactions, visitation schedules, and any concerns you may have about your child’s well-being.

Seek Mediation

Mediation can provide a less adversarial route to resolving custody disputes. A skilled mediator can help both parties find common ground and reach mutually acceptable agreements. Opting for mediation not only saves time and costs but also fosters a more amicable co-parenting relationship.

Build a Strong Support System

Child custody cases can be emotionally draining. Surround yourself with a supportive network of friends, family, therapists, and counselors who can provide emotional guidance and help you maintain your well-being throughout the process.

Hire an Experienced Family Law Attorney

Enlisting the services of an experienced family law attorney is one of the most important steps you can take. A knowledgeable attorney, like Ziemer Law will guide you through the legal complexities, help you build a solid case, and advocate for your rights in court. They’ll also ensure that your actions and statements align with legal standards, enhancing your chances of success.

Present Strong Evidence

Evidence is crucial in a custody case. Compile relevant documents such as school records, medical records, financial information, and character references. Testimonies from teachers, counselors, and medical professionals can carry significant weight in demonstrating your dedication to your child’s well-being.

Demonstrate Stability

Courts value stability when determining custody arrangements. Present evidence of a stable home environment, consistent routines, and a history of providing for your child’s needs. Demonstrating your ability to provide a secure and nurturing environment can greatly influence the court’s decision.

Showcase Your Involvement and Commitment

Highlight your active involvement in your child’s life. Detail your participation in their education, extracurricular activities, and daily routines. Providing concrete examples of your commitment to their growth and development can sway the court in your favor.

Winning a child custody case requires careful planning, thorough preparation, and a commitment to your child’s well-being. By understanding the legal landscape, prioritizing your child’s best interests, and following these expert tips, you can present a compelling case that reflects your dedication as a parent. Remember that every custody case is unique, and seeking guidance from an experienced family law attorney is essential to navigating the complexities of the legal process. With the right strategies and a focus on your child’s future, you can increase your chances of securing a positive outcome in your child custody case.

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