Ziemer Law, LLC https://www.ziemerlaw.com Criminal and Family Law Attorney in Evansville Fri, 08 Nov 2024 16:10:51 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 214984430 Understanding Indiana Arrest & Criminal Record Expungement: A Fresh Start for Your Future https://www.ziemerlaw.com/understanding-indiana-arrest-criminal-record-expungement-a-fresh-start-for-your-future/ Fri, 08 Nov 2024 16:10:51 +0000 https://www.ziemerlaw.com/?p=2175 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 […]

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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 https://www.ziemerlaw.com/understanding-orders-of-protection-your-rights-and-options-with-ziemer-law/ Fri, 01 Nov 2024 17:10:49 +0000 https://www.ziemerlaw.com/?p=2168 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 […]

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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 https://www.ziemerlaw.com/navigating-divorce-with-compassionate-support-from-ziemer-law-llc/ Fri, 25 Oct 2024 18:19:13 +0000 https://www.ziemerlaw.com/?p=2160 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, […]

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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 https://www.ziemerlaw.com/understanding-the-importance-of-criminal-defense-attorneys-in-evansville/ Fri, 18 Oct 2024 16:31:14 +0000 https://www.ziemerlaw.com/?p=2126 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 […]

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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 https://www.ziemerlaw.com/how-to-win-a-child-custody-case-expert-tips-and-strategies/ Fri, 22 Sep 2023 16:50:30 +0000 https://www.ziemerlaw.com/?p=2121 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 […]

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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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The Role of an Attorney in Uncontested Divorce: More Than Just Paperwork https://www.ziemerlaw.com/the-role-of-an-attorney-in-uncontested-divorce-more-than-just-paperwork/ Mon, 28 Aug 2023 13:58:55 +0000 https://www.ziemerlaw.com/?p=2118 Divorce is a complex and emotionally challenging process that often conjures images of courtroom battles and heated disputes. However, not all divorces unfold this way. Uncontested divorce offers an alternative […]

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Divorce is a complex and emotionally challenging process that often conjures images of courtroom battles and heated disputes. However, not all divorces unfold this way. Uncontested divorce offers an alternative approach that focuses on collaboration and mutual agreement between the parties involved. In such cases, the role of an attorney becomes pivotal, extending beyond mere paperwork to guide and support individuals through a smoother transition. This article explores the significant role that attorneys play in uncontested divorces, highlighting how legal expertise and guidance can make all the difference in achieving a peaceful and efficient separation.

Understanding Uncontested Divorces

An uncontested divorce occurs when both spouses mutually agree on all aspects of the divorce, including property division, child custody, alimony, and other critical matters. Unlike contested divorces that involve adversarial court proceedings, uncontested divorces are typically quicker, less costly, and less emotionally taxing. They emphasize communication, compromise, and reaching an agreement that serves the best interests of both parties and any children involved.

The Role of an Attorney

  • Providing Legal Guidance: While uncontested divorces may seem straightforward, there are still legal complexities that require attention. Attorneys provide invaluable guidance to ensure that all decisions and agreements comply with relevant laws and regulations. Their legal expertise ensures that no critical detail is overlooked, preventing potential issues from arising in the future.
  • Facilitating Communication: Effective communication between spouses is central to the success of an uncontested divorce. Attorneys act as intermediaries, helping facilitate productive conversations and ensuring that emotions do not hinder progress. They offer a neutral perspective and help the parties stay focused on their shared goals.
  • Drafting Comprehensive Agreements: The heart of an uncontested divorce lies in the agreements made between the parties. Attorneys assist in drafting legally binding and comprehensive agreements that cover all aspects of the divorce, including property division, child custody, visitation schedules, and financial arrangements. These agreements provide clarity and prevent potential conflicts down the road.
  • Protecting Individual Interests: Even in uncontested divorces, there may be moments when the interests of the parties diverge. Attorneys act as advocates for their clients, ensuring that their rights and interests are protected throughout the negotiation process. This ensures a balanced outcome that meets the needs of both parties.
  • Navigating Complex Legal Procedures: Uncontested divorces still require adherence to legal procedures and paperwork filing. Attorneys guide their clients through the necessary steps, ensuring that all documents are correctly completed and submitted in a timely manner. Their familiarity with the legal system minimizes the risk of procedural errors that could lead to delays or complications.
  • Mediation and Resolution Facilitation: In some cases, disagreements may arise during the uncontested divorce process. Attorneys can act as mediators, helping parties find common ground and facilitating compromises that align with the best interests of all involved. This approach maintains the amicable nature of the uncontested process.
  • Minimizing Stress and Emotional Strain: Even in the most amicable divorces, emotions can run high. Attorneys provide a stabilizing influence, guiding their clients through emotionally challenging moments and offering support during what can be a difficult transition. This emotional guidance is often underestimated but greatly appreciated by clients.

Ziemer Law’s Approach

Ziemer Law is a shining example of a legal practice that understands the nuanced role attorneys play in uncontested divorces. With a reputation for providing comprehensive legal support, Ziemer Law takes a holistic approach to guide clients through the divorce process.

Thorough Consultation: Attorneys at Ziemer Law begin by conducting a detailed consultation with clients to understand their unique circumstances and goals. This initial step allows them to tailor their approach and provide personalized advice that aligns with the clients’ wishes.

Emphasis on Collaboration: Recognizing the collaborative nature of uncontested divorces, Ziemer Law encourages open communication between spouses. Attorneys act as facilitators during negotiations, ensuring that each party’s voice is heard and that a fair and reasonable resolution is reached.

Comprehensive Documentation: Ziemer Law’s attorneys meticulously draft comprehensive agreements that leave no room for ambiguity. These agreements cover all relevant aspects, from property division to child custody arrangements, providing a solid foundation for the future.

Experienced Mediation: Should disagreements arise, Ziemer Law’s attorneys are skilled in mediation techniques. They strive to find solutions that respect the parties’ intentions and shield them from unnecessary stress or acrimony.

Client-Centric Focus: Ziemer Law places its clients’ needs at the forefront. Attorneys walk alongside their clients throughout the process, offering empathetic support and strategic guidance that eases the emotional burden often associated with divorce.

 

Uncontested divorces offer a pathway to separation that prioritizes collaboration, compromise, and mutual agreement. Attorneys in uncontested divorce cases are far more than just paperwork processors; they serve as legal guides, emotional pillars, and mediators to ensure a smoother and more peaceful transition. Their expertise is vital in navigating the legal complexities, drafting comprehensive agreements, and protecting the individual interests of the parties involved. A well-rounded approach that emphasizes communication, documentation, and client-centric support by Ziemer Law can make all the difference in achieving an amicable and successful uncontested divorce.

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OWI vs DUI in Indiana https://www.ziemerlaw.com/owi-vs-dui-in-indiana/ Tue, 22 Mar 2022 11:33:18 +0000 https://www.ziemerlaw.com/?p=2025 In Indiana code, OWI (operating while intoxicated) is the term used for what is known in most states as DUI (driving under the influence) – both of which carry similar […]

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OWI vs DUI in Evansville

In Indiana code, OWI (operating while intoxicated) is the term used for what is known in most states as DUI (driving under the influence) – both of which carry similar legal consequences. 

But those facing these consequences often find themselves wondering “what’s the difference between DUI and OWI – and what should I do if I get arrested?”

Ziemer Law can clear up any questions regarding the distinctions and similarities between an OWI arrest in Indiana and a DUI – as well as what to expect and what to do about it.

Is it OWI or DUI in Indiana?

What does OWI mean exactly?

OWI is the term used in Indiana when accusing a person of operating a vehicle while under the influence of any mind-altering substances (alcohol, drugs, etc.). OWI is a catch-all offense that can be applied even if a vehicle is not in motion as long as the person inside is intoxicated.

The difference between “driving” and “operating” allows the authorities to arrest people who are not driving. If someone is sitting in a car with the engine on under the influence of a substance, they can be charged with an OWI, even if they’re parked on their property.   “Operating” can even be applied to boats or bicycles, making Indiana a “Zero Tolerance State.”  

One can be charged with OWI for several reasons. If a driver’s body is over the legal blood alcohol concentration (BAC) they can be arrested. Most drivers over the age of 21 have a legal BAC of 0.08%, with more severe penalties if found to have a BAC of 0.15% or more, while those under the legal drinking age have a BAC limit of 0.02% and those operating commercial vehicles are allowed 0.04%.

 

Being intoxicated on other drugs – whether legally obtained or not – while being in a vehicle can also lead to an OWI offense if the arresting officer confirms the person inside is inebriated. 

Using breathalyzers and blood tests, authorities can determine exactly what and how much of a substance a driver has in their system. However, Indiana Implied Consent Laws make it so anyone with a driver’s license who is unwilling to submit to screening can still be charged by authorities based on other circumstances such as physical evidence, visible impairment, or any legitimate indicator.

Consequences of OWI

An OWI charge in Indiana may result in a Class A misdemeanor charge for the driver – punishable by up to one year in prison and up to a $5,000 fine – or a felony if the incident involved a fatality, severe injury, or serious property damage. Charges like vehicular homicide/aggravated manslaughter are common if an intoxicated driver is responsible for any death, possibly leading up to years of incarceration.

Anyone convicted of felony OWI is looking at 6 months to 2 1/2 or more years in jail and up to $10,000 in fines.

Furthermore, the driver may also face civil lawsuits and other consequences of that nature if they are responsible for any injuries or property damage.

Legal Defense for OWI

Operating any type of motor vehicle under the influence of alcohol, drugs, or a combination of both is a criminal offense regardless of the acronym used. If accused of OWI in Indiana, a conviction for driving intoxicated will appear on criminal records nationwide, having long-term effects anywhere in the country those found guilty choose to reside. This may lead to missed career opportunities, increased scrutiny from the law, restriction of driving privileges, severe financial burdens, and a high degree of stress.

Ziemer Law has wide-ranging experience with OWI cases, representing clients with past offenses or those arrested for the first time.

If you or someone you know has been arrested for OWI in Evansville, Vanderburgh County, or anywhere in Indiana, call or contact Ziemer Law for your free consultation today.

With a history of successful defense in OWI cases throughout Indiana, Ziemer Law’s number one concern is making sure clients get the best representation in court.  There are several ways to protect your rights – let Jay help protect them for you.

7180 Olive St
Evansville, IN 47715
(812) 568-4118
Contact

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Getting a Divorce in Indiana During the Covid-19 Pandemic https://www.ziemerlaw.com/getting-a-divorce-in-indiana-during-the-covid-19-pandemic/ Thu, 16 Jul 2020 09:32:49 +0000 https://www.ziemerlaw.com/?p=1908 The COVID-19 pandemic has had a strong influence on Indiana divorces, placing the last straw on the backs of many strained relationships.  This causes stress on the whole family, but […]

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The COVID-19 pandemic has had a strong influence on Indiana divorces, placing the last straw on the backs of many strained relationships.  This causes stress on the whole family, but with the proper care and Indiana family lawyer in court, reaching a satisfactory conclusion can be a lot less complicated.

Many find themselves wondering if now is a good time to file for divorce, but Ziemer Law, LLC is seeing proceedings move forward.  In the new normal created by social distancing and increased reliance on the phone and video conferencing, proceeding with a divorce is complex but far from impossible. 

If you’re seeking to file for divorce in Indiana during the pandemic, here are a few things to consider.

Safety

The number one concern for you and your family should be safety.  If there is domestic abuse in your household, you should not hesitate in asking the court for protection orders to preserve your well-being.

Another concern may be insurance.  Any Indiana divorce attorney will tell you, if you rely on your partner’s insurance for medical care, the continuation of adequate health insurance and related costs need to be included in the cost-benefit analysis.  Out of pocket services also need to be examined as the divorce proceeds.  

Finances

Courts rely on the incomes of both parties to determine spousal and child support, but – with the economic instability caused by the COVID-19 pandemic – this is more complicated than ever.  During the outbreak, many jobs have been interrupted, reduced, or turned into virtual work from home situations, leading to vast amounts of people relying on unemployment or other government-funded programs for support.

Though this is not permanent, it has immediate and long-term effects on everyone’s well-being – especially where children are involved.  If you or your spouse are facing financial burdens because of COVID-19, now may not be the best time to file for divorce.  As parties deliberate finances, your Indiana divorce lawyer needs to take into consideration increased job instability for you or your spouse in the coming months.

Children

When children are involved, agreeing on parenting may be more challenging during the Coronavirus pandemic but it’s still just as important. A guardian’s job could affect how often that parent can see the child.  Medical professionals are working around the clock, while retail businesses are on hiatus. This can impact a parent’s time with children, requiring alternative parenting arrangements or childcare. 

There are many options for each family in determining its response to the pandemic.  Once schedules return to normal, this is an issue that can be revisited.

Property

Another practical issue common in divorce is the issue of the family home and other joint property.  Indiana courts can issue orders forcing one party to vacate the family home, however, the pandemic makes finding a new residence difficult.  It’s common for some parties to live together while a divorce is pending.

These are awkward living conditions at best.  If things become dangerous, though, contact the authorities immediately.  

Consider living arrangements before filing for divorce – especially during the pandemic

Care and Experience is Critical

Ziemer Law, LLC understands that in these uncertain times families need an attorney with care and concern for a family’s well-being who is willing to work hard to reach an agreement that works for our clients.  Whether in need of a protection order, advice on timing a divorce, or simply want to speed up the process, Jay Ziemer can provide you with sound guidance. 

Experienced with success in family court all over Indiana, Jay’s number one concern is making sure his clients get the best representation in any court.  There are several ways to protect your family – let Jay help protect them with you.

7180 Olive St
Evansville, IN 47715
(812) 568-4118
Contact

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Balance the Scales of Justice: Aggressive Court Battles in Indiana Require an Aggressive Attorney https://www.ziemerlaw.com/balance-the-scales-of-justice-aggressive-court-battles-in-indiana-require-an-aggressive-attorney/ Thu, 25 Jun 2020 09:26:02 +0000 https://www.ziemerlaw.com/?p=1900 International attention to overzealous police tactics has come into strong focus following the death of George Floyd – sparking outcry demanding reform across all demographics.  But changes take time to […]

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International attention to overzealous police tactics has come into strong focus following the death of George Floyd – sparking outcry demanding reform across all demographics.  But changes take time to achieve and many defendants need assistance now or risk losing much, not the least of which is freedom.  

Evansville Criminal Defense Attorney Jay Ziemer and his team see these possibilities in the eyes of worried clients every day.  As a former Chicago public defender and Evansville prosecutor, Jay is familiar with how investigations develop along with the possibility first responders may abuse their position in the Justice System.  

That’s why Ziemer Law, LLC, is so fervent when it comes to defending the rights, property, and freedom of our clients.

Whether facing Indiana Criminal Charges or need an Evansville divorce attorney to represent you in court, Ziemer Law is ardent about getting the best results.  Indiana has high numbers of substance abuse which reverberates throughout the community, making Vanderburgh drug charges and demands for a competent Indiana family lawyer common.  

With every case having its own intricate details that could make all the difference to our clients, Ziemer Law, LLC, ensures that we understand the particulars to reach the best possible outcome.  

It’s too frequent that innocent people are charged with crimes, because of intimidating police and obsessive prosecutors, making a rush to wrong judgment something regular.  Law Enforcement can be unprofessional during investigations and The State often seems only concerned with conviction.  Even when defendants think they’re guilty, an experienced criminal defense lawyer can win the case or secure a better plea bargain with the proper maneuvering.  

Sometimes the Justice System is aggressive and unjust – making your need for a defense or family law attorney in Vanderburgh critical.  Jay Ziemer makes sure The Scales of Justice are balanced for those we represent, achieving results that matter.  Just because you’re innocent till proven guilty doesn’t mean the stress of these circumstances isn’t heavy so you need someone one who can lift that burden off your back.  

Ziemer Law, LLC, does all the legal heavy lifting.

Experienced with success all over Indiana, Jay believes everyone truly is innocent until proven guilty and they have the right to a strong defense.  There are several ways to take a stand – let Jay take a stand for you.

7180 Olive St
Evansville, IN 47715
(812) 568-4118
Contact

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Ziemer Law Remains Open https://www.ziemerlaw.com/ziemer-law-remains-open/ Sat, 18 Apr 2020 10:46:24 +0000 https://www.ziemerlaw.com/?p=1893 In these uncertain times, one of the best things one can offer another is heartfelt consolation. Ziemer Law would like to extend the Vanderburgh County community, as well as the […]

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In these uncertain times, one of the best things one can offer another is heartfelt consolation.

Ziemer Law would like to extend the Vanderburgh County community, as well as the rest of Indiana, a message of solace to all impacted by the spread of COVID-19. As non-essential services close and communities reel from the impact, Ziemer Law stands strong with the citizens of Evansville, eagerly waiting to serve the public – as our reputation proves – once again. Collective responsibility demands we practice social distancing and we encourage solidarity with the affected by taking control of personal health and doing the same.

Though this may make “normalcy” a memory, it doesn’t mean that we don’t have to manage the other circumstances in our lives. Ziemer Law encourages awareness concerning the ongoing pandemic through the Indiana COVID-19 Information Website for any updates and tips relevant to Hoosiers, as well as following local news outlets. It’s critical for citizens of Evansville and all Vanderburgh County to be informed of any changes that come to be in the upcoming future.

With that in mind, we’d like to announce that Ziemer Law is still open and actively taking cases.
If you are a client or know someone in need of a Vanderburgh criminal defense attorney, don’t hesitate to call Ziemer Law now. The Indiana Judicial System has limited its capabilities, but arrests continue throughout Evansville, making Jay’s work as important as ever.

Don’t procrastinate on your case – send Jay a message and see how Ziemer Law can help you.

Ziemer Law would like to extend the Vanderburgh County community, as well as the rest of Indiana, a message of solace to all impacted by the spread of COVID-19. The Indiana Judicial System has limited its capabilities, but cases continue throughout Evansville. With that in mind, we’d like to announce that Ziemer Law is still open and actively taking cases. Don’t procrastinate on your case – and see how Ziemer Law can help you.

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