Law Offices of Paul D, Baugh, PC Law Offices Of Paul D. Baugh, PC 2026-06-03T14:17:10Z https://www.paulbaugh.com/feed/atom/ WordPress /wp-content/uploads/sites/1204594/2019/10/cropped-site-icon-32x32.jpg On Behalf of Law Offices of Paul D. Baugh, PC <![CDATA[Can a first-time drug charge in Indiana be expunged?]]> https://www.paulbaugh.com/?p=254122 2026-05-20T03:57:41Z 2026-05-20T03:57:41Z A drug charge on your record can follow you for years. It can cost you jobs, housing and educational opportunities long after your case ends.

What Indiana's Second Chance Law does

Indiana Code Title 35, Article 38, Chapter 9 is the primary law governing record sealing in Indiana. You may hear it called Indiana's Second Chance Law. Under this statute, a successful expungement seals your record from public background checks. You can legally state that you have never been arrested or convicted. The law does not erase your history entirely. It removes your record from public view so employers, landlords and licensing boards cannot access it.

How your case outcome affects eligibility

Your waiting period depends on how your case resolved. Here are the three main paths:
  • Dismissed or acquitted: Law requires a one-year wait from your arrest date. No filing fee applies.
  • Misdemeanor conviction: Law sets a five-year wait from your conviction date. You must pay all fines and fees before you file.
  • Level 6 or Class D felony conviction: Law requires an eight-year wait. You must have no new convictions during that period.
Each path also requires that you carry no pending criminal charges at the time you file.

Drug charges that cannot be expunged

Not every drug offense qualifies. Per Indiana Code § 35-38-9-5, certain charges permanently bar you from expungement:
  • Dealing or trafficking charges: Courts generally bar large commercial quantities from expungement.
  • Offenses involving bodily injury: The prosecutor must provide written consent before you can move forward.
  • Human trafficking convictions: Indiana law bars these from expungement regardless of when they occurred.
If your charge falls into one of these categories, the court will likely deny your petition without prosecutorial consent.

One rule you cannot overlook

Indiana law allows you to file an expungement petition only once in your lifetime. You must list every eligible conviction in your petition. You cannot return later and add cases you left out. 

When to speak with an attorney about expungement

The expungement process involves strict deadlines, court filings and notice requirements. A single procedural error can delay or end your petition. An attorney can review your full criminal history, confirm your eligibility and prepare a petition that meets every requirement under Indiana law.]]> On Behalf of Law Offices of Paul D. Baugh, PC <![CDATA[What to expect in the first 48 hours after an Indiana arrest]]> https://www.paulbaugh.com/?p=254115 2026-04-21T09:02:54Z 2026-04-21T09:02:54Z An arrest in Indiana sets a legal process in motion that moves quickly. Knowing what happens in the first 48 hours can help you protect your rights from the start.

Booking and processing

After your arrest, officers bring you to a police station or designated county jail for booking. This step typically takes one to four hours. During booking, staff collect your personal information and complete the following steps:
  • Fingerprinting: Digital and ink prints are taken and entered into law enforcement databases.
  • Photographs: Front and profile mugshots become part of your official arrest record.
  • Property inventory: Staff catalogue your belongings and store them until your release.
  • Medical screening: Staff assess any immediate health needs or required medications.
Your personal items go into secure storage, and you receive a receipt listing everything taken from you.

The 48-hour rule

Indiana Code § 35-33-7-1 requires that officers bring you before a judicial officer promptly after a warrantless arrest. In practice, most initial hearings happen within 24 to 48 hours. Weekend or holiday arrests may push this timeline slightly, but the law does not allow indefinite holds. If 72 hours pass without a probable cause finding, you must be released.

Your initial hearing

At your initial hearing, a judge reads the formal charges and advises you of your constitutional rights. The court enters a preliminary not guilty plea on your behalf. The judge also sets bail or other conditions for your release.  If you cannot afford a private attorney, the court may appoint a public defender. Indiana offers several release options at this stage:
  • Own recognizance: Release based on your promise to appear, common for low-risk or misdemeanor charges.
  • Cash bond: You pay the full bail amount directly to the court.
  • Surety bond: A bail bondsman charges roughly 10% to 15% of the total bail as a fee.
The option available to you depends on the charges and your criminal history.

It is recommended to speak to an attorney

The first 48 hours after an arrest involve fast-moving decisions. Speaking with an attorney as early as possible can help you understand your options at every step. Attorneys can advise you on how these rules apply to your situation.]]> On Behalf of Law Offices of Paul D. Baugh, PC <![CDATA[What is Indiana’s ‘one-pot’ theory in a divorce?]]> https://www.paulbaugh.com/?p=254110 2026-03-24T20:40:42Z 2026-03-24T20:39:05Z Why premarital assets are at risk When you enter the courtroom, the judge starts with a comprehensive list of all holdings. They calculate the total value of everything both parties own, whether held jointly or individually. This broad approach often surprises individuals who brought significant wealth into the relationship. Common items that fall into the "pot" include:
  • Real estate and vacation homes purchased years before the marriage
  • Retirement accounts and 401(k) plans, regardless of when you started contributing
  • Business interests and professional practices established before the wedding
  • Vehicles, jewelry and high-value personal collections owned by either spouse
Because the law pulls every asset into the pot, you cannot simply exclude or hide specific items. The court requires a full financial picture before it can legally determine how to distribute the wealth.

Splitting the pot without losing everything

Indiana law creates a legal presumption that an equal 50/50 split is "just and reasonable." However, you can rebut this presumption by presenting evidence that an equal division would be unfair. A judge may deviate from the 50/50 rule based on several specific statutory factors. The court reviews these details when deciding whether to order an unequal split:
  • The economic circumstances of each spouse at the time the division takes effect
  • The conduct of the parties during the marriage regarding the disposal of assets
  • The earnings or earning ability of each person based on their education and experience
  • The source of the asset, such as whether you received it as an inheritance or a gift
Proving you deserve more than half requires a clear, documented financial history. You must persuade the court that specific factors outweigh the law's preference for an equal split.

Protect your financial well-being

High net worth divorces involve complex valuations that require precise attention to detail. Small errors in how you present your assets can lead to significant financial losses during the final decree. A skilled asset protection lawyer protects your rights throughout the discovery and valuation process. An experienced attorney helps the court understand the nuances of your financial life so you can move forward with confidence.]]> On Behalf of Law Offices of Paul D. Baugh, PC <![CDATA[What to expect in the first 24-48 hours after an arrest]]> https://www.paulbaugh.com/?p=254102 2026-03-06T23:36:22Z 2026-03-06T23:36:22Z The booking and processing phase Immediately following an arrest, officers transport you to a local police station or county jail for booking, which creates an official record and establishes your identity in the system. Processing typically takes a few hours to complete, depending on how busy the facility is at that time. The police will do the following things during the booking phase:
  • Recording your full legal name and the alleged crimes
  • Taking a digital photograph, commonly known as a mugshot
  • Collecting a full set of fingerprints for identification
  • Conducting a full search and inventorying your property
  • Performing a basic medical screening for safety reasons
Once completed, you will move to a holding cell or a general housing area. Personal belongings stay in secure storage until your release. You should avoid discussing your case with other inmates or on recorded jail phones. Any statements you make can be used against you in court later.

Determining bail and pretrial release

After booking, the court must decide if you can leave while your case is pending. Indiana law requires a judicial review within 48 hours to determine if probable cause exists. If you face charges for a non-violent offense, you may post bail immediately according to a fixed schedule. The judge considers several factors when deciding your release conditions:
  • The nature and severity of the current charges
  • Your prior criminal record and history of court appearances
  • Your family ties and length of residence in the community
  • Whether you pose a physical danger to another person
  • Your financial ability to pay bail
  • Any history of substance abuse or mental health concerns
In cases involving domestic violence, Indiana requires a 24-hour cooling-off period. You cannot leave for at least one full day after an arrest for certain violent crimes. If the judge sets a bond you cannot afford, a lawyer can request a review hearing.

The initial hearing and your rights

The initial hearing is your first formal appearance before a judge. These hearings must occur promptly, usually within 48 to 72 hours of your arrest. Its primary purpose is to inform you of the charges and your legal protections. The judge will not decide your guilt or innocence at this stage. The judge completes these actions during your initial hearing:
  • Reading the formal charges and potential penalties
  • Advising you of your right to remain silent
  • Determining if you need an appointed public defender
  • Entering a preliminary plea of not guilty on your behalf
  • Setting the dates for your next pretrial conferences
Following the initial hearing, your defense team can begin the discovery process to review evidence.]]> On Behalf of Law Offices of Paul D. Baugh, PC <![CDATA[Everything you need to know about protective orders in Indiana]]> https://www.paulbaugh.com/?p=254101 2026-03-06T22:59:44Z 2026-03-06T22:59:44Z protective order is a critical step for anyone facing domestic violence, stalking or harassment. In Indiana, these civil orders provide a legal shield by prohibiting an abuser from contacting or approaching you. Knowing what evidence to bring and how the court evaluates your petition can significantly impact your safety and your legal outcome.

The initial filing process

The process begins when a petitioner files a formal request with the court. You can file online or in person at your local clerk's office. Once you submit your paperwork, a judge reviews it to decide if an emergency order is necessary to ensure your safety. The court typically requires several pieces of information to process your request, including:
  • The full name and current residential address of the respondent
  • A detailed description of the most recent incidents of violence or threats
  • Physical descriptors of the respondent, including height, weight and hair color
  • Any history of military service or existing military protective orders
  • A list of any other pending legal cases between you and the respondent
If the judge grants an emergency order, it goes into effect immediately. However, a final hearing is usually required if you seek long-term relief or the surrender of firearms.

Preparing evidence for a contested hearing

At a final hearing, you must prove by using evidence that domestic violence, stalking or harassment occurred. Gathering evidence is the best way to move beyond mere finger-pointing. Judges in Indiana often look for evidence like the following:
  • Text messages, emails or social media posts containing threats
  • Detailed police reports from past calls to law enforcement
  • Photographs of physical injuries or damaged property
  • Medical records from hospital or urgent care visits
  • Recordings of 911 calls or voicemails from the respondent
  • Witness testimony from friends or neighbors who saw the abuse
Organizing these documents before you enter the courtroom helps you stay calm under pressure. You should bring at least three copies of every exhibit: one for yourself, one for the judge and one for the other party.

Tips for a successful court appearance

Appearing in court can be an intimidating experience. Your lawyer will handle the questioning, but you still need to be prepared to speak about your experiences directly. These tips can help you prepare for your day in court:
  • Arrive at least 30 minutes early to clear security and find your courtroom
  • Dress professionally to show respect for the court
  • Bring a written timeline of events to help you remember dates
  • Listen carefully to the judge's questions and answer them directly
  • Avoid emotional outbursts or interrupting the other party during their testimony
  • Request a no-contact provision that includes your workplace and your children's school
After the hearing, the judge will decide whether to grant a final order, which usually lasts for two years. If the respondent violates the order, you must report it to the police immediately to ensure your safety remains protected.]]> On Behalf of Law Offices of Paul D. Baugh, PC <![CDATA[New 2026 OWI penalties: What Hoosiers need to know]]> https://www.paulbaugh.com/?p=254100 2026-03-06T22:01:50Z 2026-03-06T22:01:50Z operating while intoxicated (OWI), you must understand these new rules. They affect everything from mandatory jail time to how the state defines a motor vehicle.

Increased mandatory sentences for repeat offenders

The most notable 2026 law change involves harsher penalties for those with prior convictions. While Indiana has always been tough on repeat offenders, the new statutes increase the minimum time spent in jail and give courts less discretion to suspend these parts of a sentence. If you have a prior OWI on your record, you may face the following mandatory requirements:
  • At least 10 days of imprisonment for a person with one prior conviction
  • A minimum of 20 days in jail for those with two or more priors
  • At least 48 hours of any jail sentence must be consecutive
  • Mandatory substance abuse assessments and potential treatment programs
  • Execution of the entire sentence within six months of the court order
These mandatory days are now part of Indiana's criminal code. Judges may still offer community service as a jail alternative in some cases. Consult a legal professional to see if you qualify for these options.

New rules for watercraft and motorboats

Another major shift in the legislation involves the consolidation of boating and driving laws. Previously, operating a motorboat while intoxicated was treated as a separate offense with different penalty structures. The new law repeals those sections and moves all watercraft offenses under the general OWI statutes. This change means that a vehicle now legally includes the following watercraft:
  • Traditional motorboats and powerboats
  • Personal watercraft, like jet skis and wave runners
  • Sailboats equipped with any type of motor
  • Any other motorized vessel used for transport on water
Consequently, a conviction on the water now counts as a prior offense for any future traffic stop on land. This creates a much higher risk for recreational boaters who may not realize they’re building a criminal record. Authorities' training now tells them to apply the same roadside testing standards to boaters as they do to drivers.

Changes to license suspensions and hearings

The update also streamlines the administrative process following an arrest. These changes aim to move cases through the system more quickly while providing some relief for those who need to drive for work. Understanding the timing of these hearings is crucial for protecting your driving privileges. The new procedural rules allow for several actions after your initial arrest:
  • The option to waive your initial court hearing to speed up the process
  • Immediate eligibility to apply for specialized driving privileges in some courts
  • New limits on when ignition interlock devices are required for alcohol offenses
  • The use of roadside chemical tests to establish probable cause more efficiently
These updates provide a path for some drivers to remain on the road while their case is pending. Nevertheless, the legal system remains difficult to navigate without a clear understanding of the new deadlines. You must act fast to ensure you do not lose your license automatically.]]> On Behalf of Law Offices of Paul D. Baugh, PC <![CDATA[Safeguarding professional assets in a Columbus divorce]]> https://www.paulbaugh.com/?p=254099 2026-03-06T20:07:41Z 2026-03-06T20:07:41Z Overcoming the presumption of equal division Indiana courts are legally required to start with the presumption that an equal 50/50 split of the marital estate is fair and equitable. However, a judge has the authority to deviate from this even split if the evidence shows it would be unfair to one party. For a high-wage earner, proving that an unequal division is appropriate is the primary way to protect a professional portfolio. To determine if a deviation from the 50/50 split is warranted, the court evaluates the following financial factors:
  • Contribution of each spouse: This includes the extent to which one spouse’s professional efforts or capital directly grew a business
  • Pre-marital asset growth: If a significant portion of a retirement account or company equity was earned before the marriage, it may justify a larger share for the original owner
  • Economic circumstances: A judge considers the future earning capacity of both parties and their respective tax liabilities after the divorce is finalized
  • Inheritances and gifts: If certain business interests were gifted by a family member to one spouse only, they can often be excluded from the standard split
Presenting a clear financial history is the most effective way to shift the court’s perspective. If the evidence demonstrates that the value of a business or executive benefit was largely independent of the marriage, there is a much stronger chance of retaining those assets.

Valuing executive benefits and business equity

The most difficult part of a corporate divorce is putting a price tag on assets that aren’t easily converted to cash. Executives often have compensation that may not be accessible for years, such as unvested stock options. Without a precise and professional valuation, a spouse risks losing a disproportionate share of liquid assets to cover an estimated, non-liquid business value. To ensure a fair outcome, the legal process must address these technical valuation issues:
  • Enterprise vs. personal goodwill: In Indiana, the value of a business based solely on a person's reputation is generally not considered a divisible marital asset
  • Vesting status of RSUs: Only the stock options that "vested" during the period of the marriage are typically eligible for division
  • Double-dipping prohibitions: Courts must ensure that the same business income isn’t used for both property division and the calculation of support payments
  • Tax consequences of liquidation: High-value retirement accounts or stock sales carry heavy tax burdens that must be factored into the final settlement value
A strategic approach helps prevent the unnecessary liquidation of a business or the loss of long-term retirement security. By focusing on these complexities early, it’s often possible to trade other marital property, such as real estate or cash, to keep professional interests and equity intact.]]> On Behalf of Law Offices of Paul D. Baugh, PC <![CDATA[How an Indiana personal injury settlement impacts your divorce]]> https://www.paulbaugh.com/?p=254097 2026-03-06T17:37:10Z 2026-03-06T17:37:10Z Understanding Indiana’s one-pot theory Unlike other states that separate marital and separate property, Indiana law throws almost everything into a single pool for the court to divide. This includes assets you owned before the marriage and personal injury settlements. The court typically treats injury proceeds using these standards:
  • Judges begin with the legal presumption that all assets in the pot should be split equally
  • Depositing your settlement into a joint bank account increases the likelihood that it will be viewed as a marital gift
  • A judge may change the split if one spouse has a lower earning capacity due to their injuries
  • Any compensation for an injury that occurred during the marriage is usually considered marital property
Following these specific rules is essential because the court has broad power to divide that pot. Without a clear strategy, you may find your recovery funds split with a spouse who did not experience the trauma.

Differentiating between past and future losses

While the one-pot theory is broad, Indiana case law creates an important distinction for injury victims. The court often considers what the money is intended to replace. Not every dollar in a settlement is treated the same way when it is time to divide assets. To determine how to split a settlement, the court examines these specific categories:
  • Pain and suffering damages are often marital if the injury happened during the marriage
  • Money for lost wages during the marriage is usually split between both parties
  • Compensation for money you have not earned yet is generally excluded from the marital pot
  • Reimbursements for medical expenses paid by marital funds are typically treated as shared assets
Distinguishing between these categories requires a thorough review of your settlement agreement. Proving that a large portion of your award is for future losses is one way to protect those funds.

Strategic advocacy for overlapping legal issues

Handling the intersection of personal injury law and family matters requires a big-picture approach. Experience in both practice areas helps when navigating how these laws overlap. We focus on pragmatic strategies to ensure your settlement serves its intended purpose. Taking the right steps today can prevent your personal recovery from becoming a shared marital asset tomorrow.]]> On Behalf of Law Offices of Paul D. Baugh, PC <![CDATA[What to expect if an IU student is arrested for DUI or drugs]]> https://www.paulbaugh.com/?p=254055 2026-02-10T14:23:19Z 2026-02-10T14:23:19Z Immediate steps after an IU student arrest A DUI or drug arrest of an IU student usually starts two separate processes at the same time. One moves through the local court system, the other follows IU’s disciplinary procedures. During this early stage, families commonly focus on how they respond and what information they share:
  • Being mindful when discussing the situation publicly or on social media. Online comments may later appear in court or university reviews
  • Being cautious when speaking with police or school officials before fully understanding the situation
  • Choosing to speak with an attorney who has experience handling IU student DUI or drug cases to gain early clarity about the process
  • Keeping copies of important paperwork, such as citations, police reports and communication from the university
These actions reflect how families often approach the first phase of a case that involves both the courts and the university. Early developments can feel fast-moving, and this initial period often shapes how the rest of the process goes.

Criminal charges vs IU discipline

Local courts handle DUI and drug charges involving IU students. The university may also review the incident under its own policies. Criminal outcomes depend on the specific charge and surrounding facts. In DUI cases, results may affect driving privileges or require completion of certain programs. Drug charges depend on the substance involved and other details of the incident. At the same time, the university may review whether the situation violates its code of student rights, which can affect a student’s standing at IU. Because each system follows different rules and timelines, a decision in one does not automatically reflect the other.

Protecting your student’s record and future

Parents and students may worry about how an arrest could affect future jobs, graduate school or professional licensing. In some student cases, options exist that may reduce long-term impact, depending on the facts and how the matter concludes. Looking beyond the immediate situation helps families place both the criminal case and any university review in a broader context. Understanding these longer-term considerations can bring perspective and help clarify what lies ahead.  ]]> On Behalf of Law Offices of Paul D. Baugh, PC <![CDATA[How does a second OWI alter your life?]]> https://www.paulbaugh.com/?p=253878 2025-05-01T21:13:54Z 2025-04-30T21:12:21Z Legal consequences A second OWI offense in Indiana brings severe legal penalties. You might face up to three years in jail and a fine reaching $10,000. The court mandates a substance abuse assessment and treatment. You must participate in a victim impact panel, which emphasizes the harm caused by impaired driving. License suspension becomes a reality. You could lose your driving privileges for up to two years. During this time, applying for limited driving privileges requires installing an ignition interlock device.

Impact on employment

An OWI conviction can jeopardize your job and future career prospects. Employers often conduct background checks, and a second OWI on your record might raise concerns about reliability and judgment. If your job requires driving, losing your license can lead to termination. Moreover, some professions may have strict policies against criminal convictions, limiting your employment options. Seeking new employment becomes challenging. You may need to explain the circumstances of your conviction to potential employers, which can be uncomfortable and difficult. Rebuilding trust and proving your commitment to change are crucial steps in overcoming these obstacles.

Personal relationships and well-being

A second OWI can strain personal relationships. Trust issues can arise, and repairing these relationships requires time and effort. Seeking legal guidance is highly recommended when. It can help you understand your rights and options, alleviating some of the stress involved Your well-being also takes a hit. The stress of legal battles and financial burdens can lead to anxiety and depression. Engaging in substance abuse treatment and counseling can help address these issues. Building a healthier lifestyle and seeking support from loved ones are essential for recovery. A second OWI charge carries significant legal and personal consequences. The impact on your life extends beyond fines and jail time, affecting employment opportunities and personal relationships. Acknowledging these effects can guide you toward making positive changes and seeking support.]]>