Criminal Defense
Traffic Infractions
Traffic tickets are considered civil infractions and you cannot be put in jail if convicted. Penalties are limited to monetary fines and potential loss of driving privileges. Convictions for traffic tickets also mean points on your driving record. That often results in higher insurance rates, and potential long-term suspension of your driving privileges/license if you accumulate too many points or kinds of offenses. Don’t let a suspended license snowball into making you a Habitual Traffic Violator. Joe V. can help.
Felonies
Joe V. has prosecuted nearly every kind of felony offense in Indiana. He can help you with crimes like:
- Crimes against another person: Battery, Robbery, Reckless Homicide, Criminal Confinement, Voluntary Manslaughter, Attempted Murder, Murder
- Crimes against property: Arson, Theft, Burglary, Criminal Mischief, Forgery
- Gun and drug charges, and many others.
A number of felonies have what is called a “lesser included offense” which is a less sever version of the same or similar crime. Just because the prosecutor charged you with a certain version of a crime, doesn’t mean you are guilty of that particular version or the prosecutor wouldn’t accept an agreement to some lesser version. Let Joe v. negotiate on your behalf to get the best result possible!
Sentence Modification
Have you completed some programming while in DOC, or have a plea agreement which allows you to seek some kind of a modification after certain conditions are met? Modifications are almost always at the sole discretion of the judge. Joe V. can help make sure to provide a strong and comprehensive presentation to work to persuade the judge to modify you from your current circumstances. The number of times you can seek a modification is limited under IN law, so don’t waste what might be your shot at a better tomorrow by going it alone!
Gun Crimes
Juvenile Offenses
While the juvenile system works differently than the adult criminal justice system, your child still has the same rights. One of the most important is the right to “meaningful consultation.” That means before police can seek to question your child about anything they are obligated to allow you to speak with the child, in private, and decide whether you wish to make any kinds of statements. Your child also has the same rights to have an attorney present for any questioning just like an adult. Utilize your rights! Joe V. can help you and your child navigate the system and make sure his/her rights are protected. No all offenses remain in the juvenile system, and often time prosecutors try to “waive” a minor int adult court. Joe V. can help create a plan to fight against these actions.
Probation/ Corrections Violations
Judges have wide discretion in how to handle violations of probation, home detention, work release, etc. Don’t just throw yourself on the mercy of the court if you make a mistake. Joe V. can challenge the violation or help to mitigate the consequences through skillful negotiation.
Misdemeanors
In addition to any jail time and fine, depending on the crime, you can face a loss of your driving privileges or loss of firearms rights. There are options to avoid getting a misdemeanor criminal conviction altogether including through a program called Pretrial Diversion, which is offered by many counties. Joe V. can discuss whether those would apply to your situation.
Expungements
Is an old conviction hurting your ability to land that new job? Find out how Joe V. can help “expunge” or seal that old conviction from being able to be seen by your potential employer. Whether it’s one offense or multiple offenses from multiple counties, Joe V. can try to help.
Here is a brief overview of when you can seek an expungement:
Arrests where charges either were not filed or the case did not result in a conviction can be expunged after one year from the date of the arrest.
Most misdemeanor convictions—including Level 6 or old Class D felonies that are successfully reduced to misdemeanors—can be expunged five years after the date of the original conviction.
Most Class D or Level 6 felony convictions can be expunged after eight years from the date of conviction, but this does not include convictions for violent or sexual offenses.
Not all convictions can be expunged. Indiana law currently prohibits expungement for the following:
- An elected official who was convicted while serving in an official term or as a candidate for public office
- Someone classified as a violent or sex offender
- Someone convicted of a felony that resulted in physical injury to another person
- A person convicted of various crimes that fall within these categories:
- Perjury
- Official misconduct
- Homicide
- Human and sexual trafficking
- Sex crimes
How you can help Joe V. in maximizing your results in expunging your past records:
You may apply for an expungement only once, and must file simultaneous petitions in all counties where your arrest, charge, or conviction occurred within a limited period of time. You are the foremost expert on when and when these things happened. To prepare for filing all of your requests at once, you’ll need to gather the following information:
- Make a list of all of the criminal records, in any county, you are seeking to have expunged. Include in the list the specific dates of your arrests.
- Attempt to include the names of the arresting officers and of the law enforcement department or agency involved.
- Indicate for each incident whether charges were filed and, if so, include in the list the case caption, the cause number, the exact charges filed, the what happened with the charges (dismissed, convicted, acquitted), and the dates and actions of any appellate court decisions.
Collecting all of this information can be feel burdensome, but that information is crucial when cross-referencing with our search sources to ensure your entire criminal history of eligible offenses is documented. Getting it right the first time is critical because you cannot again seek a second expungement if you happen to forget an eligible record in your filing(s).
Habitual Traffic Violator (HTV)/License Suspensions
Have a horrible driving record which resulted in you being a Habitual Traffic Violator (HTV)? You might not have to live with that lifetime suspension or 5/10 year suspension. Indiana law allows many individuals to get back on the road and Joe V can work with you on that.
OWI/DUI
In Indiana a person can be charged under two different theories for Operating While Intoxicated. The state can allege your consumption of alcohol and/or drugs caused you to become impaired and unable to operate a motor vehicle safely. They can also seek to charge you based on a BAC of above .08. Both types of charges are allowed to be filed against you simultaneously, but have very different approaches when you are defending against them.
Both styles of drunk driving cases can be very technical in nature and many prosecutors and police will cut corners in the investigation and gathering of evidence in these cases. Whether you agreed to a breath test, or police got a warrant to forcibly draw your blood, they need to have followed the correct steps in order to be able to use it as evidence. As someone who prosecuted numerous OWI cases, up to and including OWI causing death, Joe V. knows what prosecutors need to secure a conviction, and when they have fallen short. Hiring an attorney like Joe V. before your first appearance in court (called the Initial Hearing) can mean the difference in whether your license gets suspended or you are able to continue driving during the pendency of your case.
Domestic Violence
Domestic Violence cases often times break down into a “he said, she said.” Make sure you know how to protect your rights and don’t make matters worse by violating the terms of a No Contact/Protective Order which almost always accompany these kinds of filings. Joe V will work to have these kinds of Orders removed or modified when neither party actually involved wants it. During his decades as a deputy prosecutor Joe V. has seen his fair share of both men and women who were falsely accused of domestic violence. There are two sides to every domestic violence story. Domestic violence convictions can impact your ability to own a firearm and your rights as a parent. Don’t become another statistic, let Joe V. help today.
Drug Charges
Drug charges are some of the most common charges in our criminal justice system. Those suffering from addiction often find themselves with various drug possession charges. The same holds true for some people who are charged with drug dealing. The prosecutor will attempt to portray many accused of dealing drugs as some kind of a “kingpin,” when in reality these individuals are more often addicts themselves who sold to a fellow addict trying to work off charges themselves as an undercover informant. Recovery is possible, and Joe V. can work with you on programming to help present yourself as someone who is a completely different person than the one charged with the drug crime.
BMV Fee Waivers
Indiana law now allows for people to seek to have the courts waive outstanding reinstatement fees which are currently causing their license to remain suspended. Commonly known as “traffic amnesty” you are eligible to apply if you meet the following three requirements:
- You are indigent
- You have provided proof of future financial responsibility (insurance)
- Waiver of the fees would be appropriate in light of the individual’s character and the circumstances surrounding the suspension.
These cases almost always require a hearing, and the prosecutor has the right to appear and contest your request, so it’s crucial to have someone who knows how to present the evidence the judge wants to side with you. Judges have the discretion to waive all or part of the outstanding fees, and that can save you thousands of dollars. Don’t gamble away your chances to get reinstated faster and cheaper, let Joe V. help you!
Special Driving Privileges
Indiana drivers whose licenses have been suspended by the Indiana Bureau of Motor Vehicles or a court may petition to obtain a Specialized Driver’s Privilege (sometimes called a “hardship” license). Specialized Driving Privileges allow Indiana residents to drive for specific purposes while their Indiana driver’s license is suspended.
Specialized driving privileges are not available to individuals who:
- Have never been an Indiana resident;
- Refused to submit to a chemical tested offered under I.C. 9-30-6 or I.C. 9-30-7 (however a court may grant this person driving privileges under I.C. 9-30-6-8(d) if an ignition interlock device is used;
- Have a sentence resulting from operation of a motor vehicle causing death;
- Have previously been granted specialized driving privileges and have more than one (1) conviction for knowingly or intentionally violating a condition imposed regarding issuance of a specialized driving privilege when the condition arose from a motor vehicle offense involving serious bodily injury or death of another person
- Were suspended or revoked by the Bureau of Motor Vehicles as incompetent or unfit to operate a motor vehicle under I.C. 9-24-10-7(b)(2)(A), or who were suspended under I.C. 9-21-8-52(e) or I.C. 9-21-12-1(b) concerning passing a school bus. See I.C. 9-30-16-1(a), 2(c) and 3(e)
Don’t risk getting caught driving, and possible felony charges, when you might be eligible under our SDP laws. Those with OWI and HTV charges can regain driving privileges in many instances, and Joe V. knows how to help.
Bond Hearings
Recently arrested and can’t afford to post a large cash bond, but still want to try and get out? You may only get one opportunity to present your arguments to the judge, so don’t blow it by doing it on your own! Joe V. knows what judges are looking for to feel comfortable placing someone in somewhere other than jail. Let him work with you to present a comprehensive plan of action and accountability to the judge.
