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Part I: Expungements–Second Chances, Use Them Now!

Having a criminal record is not only embarrassing but stands in the way of so many opportunities such as being approved to go on a school field trip with your child or grandchild, being approved for a loan, being eligible for lower insurance premiums, obtaining a handgun license, gaining admission to college, or successfully finding a desirable job. Misdemeanor and/or felony convictions on your record can now be expunged.

Expungement Law: Expanded in 2014 with additional amendments effective July 1, 2015

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WTHR Reporter David MacAnally recently visited with Attorney B. Joseph Davis at our Law Offices to cover one of our newest cases. This Landmark Case is the first wrongful death lawsuit relating to Bath Salts (synthetic cathinones–similar to cocaine) in the United States. If you or a loved one has been physically injured or damaged financially by the consumption or use of bath salts or synthetic marijuana please contact our offices. We can help even if it was you that consumed the substances and were injured and/or damaged.

Text and Video of the News Piece can be viewed here:

http://www.wthr.com/story/19059955/family-sues-convenience-store-over-bath-salts

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WISH TV’s Karen Hensel recently visited with Attorney B. Joseph Davis at our Law Offices to cover one of our newest cases. This Landmark Case is the first wrongful death lawsuit relating to Spice (synthetic marijuana) in the United States. If you or a loved one has been physically injured or damaged financially by the consumption or use of synthetic marijuana or bath salts please contact our offices. We can help even if it was you that consumed the substances and were injured and/or damaged.

Text and Video of the News Piece can be viewed here:

http://www.wishtv.com/dpp/news/i_team_8/suing-over-spice-mans-death-prompts-lawsuit

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Conditional Deferment, sometimes referred to as the Title 12 Deferral Program, is used in some Indiana counties to address Operating While Intoxicated Charges (OWI/DWI/DUI, etc.). It can also be used to address other crimes, but usually other misdemeanor charges, if deferred, are done so via a Diversions Program. The specific Indiana Code section that applies to the Title 12 Deferral of Drunk Driving cases is IC 12-23-5.

Title 12 of the Indiana Code is entitled “Human Services”. Article 23 is entitled “Addiction Services”. And Chapter 5 is entitled “Conditional Deferment of Judicial Proceedings After Commission of Misdemeanor or Infraction” This Title-Article-Chapter hierarchy explains a lot of what the program is about; treatment/education in lieu of prosecution.

Each Indiana County is different in its approach to the prosecution of Drunk Driving cases. Some counties do not offer Conditional Deferment (Title 12) on drunk driving charges at all, some counties have limitations relating to the Defendant’s blood alcohol level, some counties will not allow a Conditional Deferment (Title 12) if the Defendant refused the breath test. Also, some counties will disqualify an applicant if they have any criminal history whatsoever, while other counties will allow a Conditional Deferment in spite of prior criminal convictions.

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You may have heard the recent news about the complications suffered by actor Dennis Quaid’s newborn twins after they were given massive doses of the blood thinner Heparin® by accident. Well, now, a scientific study conducted by the National Initiative for Children’s Healthcare Quality confirmed that nearly 1 in every 15 children hospitalized are given either the wrong medications, someone else’s medications or are accidentally overdosed – all to suffer some bad adverse drug reaction.
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On Friday, Merck & Co., Inc. announced that it had agreed to settle thousands of lawsuits filed against the company by patients who took Vioxx and suffered either a heart attack or stroke. While this sounds like a lot, it is far less than original estimates of liability the company faced when it withdrew its blockbuster arthritis drug on September 30, 2004.
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Did you know that in Indiana, any bar or restaurant who knowingly serves alcoholic beverages to someone who appears to be intoxicated can be sued if that person then is involved in an automobile accident with another person and injures or kills the other person? They can according to Indiana Code § 7.1-5-10-15.5(b)(1)-(2). In addition, bars can be found liable if the person drinking is over 21 or older and suffers injury or death due to the overintoxication. Indiana Code § 7.1-5-10-15.5(c).
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