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Criminal Defense In Bloomington, Indiana

Bloomington Criminal Defense Law Blog

Study says sexting tied to drinking

Many have at least anecdotal evidence that sexting usually involves drinking, but now there is a new study on drinking and sexting among college students. research, sexual expectations regarding drinking are driving more frequent sexting among students. The key point here is “expectations,” which could lead to problems. The expectations of consensual sexual encounters could lead to disagreements on intent or what those expectations involve.

The research surveyed 534 undergraduate students about their sexual drive, drinking habits and sexting behaviors. According to the survey, 40 percent of the students reported requesting sexts, while about half reported sending them.

'Weed breathalyzer' to be tested by several cities this fall

When it comes to marijuana-impaired driving, everyone agrees that a fairer test is needed. When marijuana was illegal nationwide, it made some sense to have a so-called "per se" rule. If a properly performed test found marijuana in your system, you were considered guilty.

Even then, people were prosecuted who had not been impaired. Marijuana can stay in your system for weeks even though the intoxicating effect dissipates within a couple of hours. People were found guilty regardless of their actual impairment, simply because marijuana was illegal in the first place.

Drug-related homicide charges on the rise

Drug charges are traditionally applied to those who sell or use drugs. However, it is now becoming increasingly common for drug or even homicide charges to be applied to non-dealer friends involved in supplying drugs for an overdose, those who shared drugs, or those who arranged the transaction to purchase the lethal drugs.

With the opioid crisis now claiming more lives per year than AIDS did during the height of that epidemic, law enforcement and the justice system is increasingly using the more severe charges in efforts to (in their eyes) curb the sale and distribution of drugs.

Woman's poor judgment led to series of charges

People have lapses in judgment sometimes. The trick is to avoid making life-changing mistakes or harm others. A Florida woman would be doing better if she had exhibited some common sense, but instead she did quite the opposite and it has led to serious problems.

The woman was driving her Chevy Tahoe in June with a suspended license when she hit a sheriff’s patrol car in the parking lot of the St. Lucie County jail. She was actually in the parking lot reserved for law enforcement personnel when she passed a parking spot. Rather than moving on to the next spot, she reversed the large SUV and hit the Sheriff’s car. According to a local news story, she said in an affidavit that she was “too lazy to walk from the public parking lot.”

Don’t overshare with police during a DUI stop

For young drivers especially, knowing how to interact with an officer during a DUI stop is very important. From the moment that a police officer flips on the blue lights and follows a car, that officer is already gathering information about the driver, attempting to determine if he or she committed a crime.

No matter how casual the officer may seem when he or she comes to the window of a vehicle, it is crucial to understand that every single thing that a driver says during the stop may count as evidence. It is important to carefully control what you say and do during the stop to minimize the evidence that the officer can collect.

When does OWI become a felony?

The penalties for drunk driving are severe, and increase with the number of times that individuals are charged. Generally speaking, the first few OWI convictions will be considered a misdemeanor. That can change to a felony, however, which may result in a more severe punishment, including a prison sentence that can range from 6 months to 20 years. It also leads to higher fines, lengthier probations and other potential penalties. While OWI laws vary, there are some general guidelines.

When the first OWI is a felony

False confessions still happen

It may be hard for some people to understand, but it is a very real and tragic occurrence that people admit to crimes they didn’t commit. One recent high profile example is the groundskeeper for the Chicago White Sox who spent 23 years in jail for murder. The police coerced a false confession out of him during a 12-hour interrogation where he was physically abused by officers and insulted with racial slurs. The man was not cleared until modern day DNA testing of sperm found on the victim cleared the way for the man’s release in 2017.

According to, there have been six studies since the late-‘80s documenting an estimated 250 false confessions induced by interrogations. Thirty percent of these cases involve innocent people making incriminating statements, confessing to the crime and eventually pleading guilty in court. DNA testing has become extremely helpful in exonerating defendants like the groundskeeper.

What a few grams of pot can mean for your college career

For many people, college is a time of firsts. It’s an opportunity to branch out on your own, figure out who you really are and have new experiences. In addition, college students are twice as likely to experiment with drugs and alcohol than if they don’t attend college.

Drug use in college is so pervasive, it can be easy to forget that it’s actually against the law. College students caught with drugs—even just a couple grams of marijuana—can face long-term consequences in many areas of their lives.

July 4 one of the most dangerous holidays for driving

July 4 is the holiday where we celebrate the birth of our country. But it also has a long tradition as a day and holiday where friends and family gather to have fun, fire up the grill, have a few cold beverages and watch the fireworks.

The other side of this equation is the fact that it also one of the most dangerous days of the year for alcohol-related accidents and fatalities. The Department of Transportation has recently released the figures for how deadly it can be for drivers and their passengers.

3 ways to fight against peer pressure in college

If you are a recent high-school graduate, you may be enjoying your last summer at home before you go off to college in Bloomington. In just a few months, you will be living in a dorm, making new friends and living a life out from under the watchful eyes of your parents. There will be clubs to join, new sports to try, lecture halls filled to bursting with other first-year students. In addition, there will probably be a party every weekend if not every night.

Most college parties involve alcohol of some kind, beer, at the very least, and harder liquors like vodka or tequila. If you attend a party that has drugs or alcohol present, you might feel pressured by your new friends to drink, smoke marijuana or consume other substances. While the desire to fit in may seem very strong, it is important to keep in mind that you do not have to give in to peer pressure to make and keep your new friends. These tips can help you fight back against peer pressure in college.

For experienced help in criminal defense, including DUI defense, call Shapiro & Lozano at 812-336-8192.

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