Four Mistakes to Avoid In a High-Asset Divorce

While every divorce has a lot at stake, high-asset divorces present their unique problems. The financial future of both couples hangs in the balance when you decide to get a divorce, especially if no prenuptial agreement was crafted before entering into the union.

Depending on your steps, you can either start your new life on a sound footing or experience financial complexities post your high-asset divorce. When dealing with multiple complex marital estates, the stakes and risks increase. Mitigate the chance of making costly mistakes by hiring a competent divorce lawyer experienced in complex high-asset divorces!

Whether you have got substantial retirement savings, inheritance properties, a valuable art collection, or other expensive items that make high-asset divorces a tough feat, David R. Phillips can help you negotiate high standards of living so both parties come to an agreement without complications.

Acknowledging each other's contribution toward the marriage as well as the willingness to compromise, impacts how challenging the high-asset divorce will likely be. Call 219-929-7060 for further assistance from our knowledgeable family law attorney.

Mistakes to Avoid in High-Asset Divorces

#1- Do Not Agree to Unfavorable Terms Hastily

Many people who rush to get divorced consent to anything just to get past this emotionally overwhelming and heated time. Try to stay calm.

If your or your spouse entered the marriage with substantial wealth, consenting to anything just to expedite the process can have a negative impact on the settlement.

Many people tend to give up assets in a mad dash without any further closer inspection. Do not be reckless or impatient to wrap things up.

#2- Do Not Act Out of Spite

Bitterness, anger, hurt, and feelings of resentment often cloud people's judgement when their marriage is ending. Spouses want to punish or lash out at their exes through nasty terms when getting divorced.

While such feelings are natural, understandable, and cathartic, they do not make for a feasible divorce strategy. A conflict-heavy approach where you want to fight about each small detail takes time and costs a lot of money. Do not make rash decisions that can come back to bite you later!

#3- Do Not Hide Assets

While it may seem tempting to hide them, you must disclose all assets when getting divorced. People suffering from contentious breakups often transfer money or ownership to others to conceal them deviously so they do not have to share it with their ex.

Some people also divert funds from the joint account to their personal accounts. The consequences can be severe when judges or opposing divorce lawyers uncover hidden assets. Your case can lose credibility while the chances of a reasonable settlement reduce significantly.  

#4- Do Not Settle for Inexperienced Lawyers

High-asset divorces are complicated. It is usually in your best interest to work with a family law attorney who understands the complexities of your unique case rather than spoiling it for a legal fistfight.

However, the attorney must be equipped to represent you fiercely and practically, especially when multiple high-net-worth assets are involved. Choosing an experienced family law attorney early in the process can help protect your rights from the get-go.  

If you have concerns or questions regarding your high-asset divorce, please reach out to David R. Phillips for a consultation. Contact us for personal injury, family law, and criminal law cases.

Whether you need an expungement lawyer, DUI or OWI lawyer, criminal defense lawyer, or family law attorney for conflicts arising from divorce, alimony, child custody, and support, grandparents' visitation rights, and parenting time, you can rely on us for fair and competent legal representation.

Common Child Custody Arrangements Explained

Child custody is one of the most challenging battles parents face after a divorce attorney helps them through a separation. The legal proceedings dictate how much influence a parent will have on a child's life, along with how much and where the child spends time with each parent.

Regardless of the situation that led to the parent's relationship breakdown, David R. Phillips believes no loving and responsible parent should be denied involvement in their children's upbringing.

Sometimes terms surrounding child custody arrangements are easily agreed upon by divorcing parents. Mediation helps resolve differences amicably without parents battling it out in court.

But when divorcing spouses cannot reach any agreement, family law attorneys help present each parent's viewpoint and support it with evidence in court. After the trial, the judge grants the final custody or approves mutually agreed agreements if they won't cause harm to the children.

What's included in Child Custody Agreements?

The child custody agreement contains details about the visitation schedule and custody. It could be a weekly schedule or vacation, holiday, and special event schedule that decides where and with whom the child will spend time.

The agreement also included parenting provisions and rules regarding the way the children must be raised. It outlines how parents decide on the child's education, healthcare, religious involvement, and how disputes will be settled. Violations of this court order can be challenged in court by the other parent.

David R. Phillips understands child custody battles can be scary for children and parents alike. With an extensive industry experience of over three decades, the family law attorney can help resolve issues while minimizing the toll on all parties involved.

Before you set up a consultation with us, here are the main types of child custody arrangements to consider.

Main Types of Child Custody Arrangements

#1- Sole Custody

This is when one of the parents is awarded exclusive physical and legal rights. They are solely responsible for making decisions surrounding the child's well-being. The child lives with the parent full time. While a rare arrangement, sole custody occurs when the parent is deemed unfit for reasons such as drug addiction, violence, or degrading mental and physical health.

The law separates sole child custody into sole physical and sole legal custody. It grants the child's rights to one parent who doesn't need to confer with the other parent about issues concerning how the child is raised. However, if sole physical custody is granted, the noncustodial parent is granted visitation if it's in the child's best interests.

#2- Joint Custody

Both parents are proactively involved in the upbringing of the children when joint custody is awarded. The court may grant joint physical custody in which the child moves back and forth between the residences of each parent. However, the critical decisions about their welfare are the sole responsibility of one parent.

If both legal and physical joint custody are awarded, both parents must cooperate to make important life decisions for the child.

The court may also award legal joint custody. The order requires the child to live with one parent. However, the other parent can be actively involved in long-term decisions impacting the child's upbringing. Moreover, depending on many factors, one parent may still have to pay timely child support to the other.

#3- Visitation of Third Parties

Many states allow third parties to have visitation with the child. This includes foster and stepparents, grandparents, and extended relatives. There are certain circumstances that the courts consider before granting anyone visitation rights.

Most states provide parents with the right and control over limiting interactions the child has with anyone and weigh the decision against what's in the child's best interests.

Work with a Trusted Family Law Attorney

Child custody cases significantly impact the entire family and your child's future. Choose reliable family law attorneys like David R. Phillips when you seek legal support to settle such intricate matters.

We advocate the well-being of the child and fairly represent you in court to help you in your fight for the most favorable child custody arrangements. Partner with us to experience relief and return to normal life sooner than later!

Whether you're a father or a mother, our family law attorney will establish an agreement that's in the best interests of you and your children.

You can also call us if you need a criminal defense lawyer, divorce lawyer, expungement lawyer, DUI or OWI lawyer, or a family law attorney for other legal issues. We serve many areas, including Lake County, Chesterton, and Valparaiso.

Mistakes to Avoid in a High Asset Divorce

Here are a few mistakes to avoid in a high asset divorce.

Why You Need an Experienced Lawyer for Your Divorce Process

Indiana is one of the no-fault states, meaning the reasons for the marriage breakdown are irrelevant to the court. However, divorces sometimes become difficult even if both spouses mutually decide to part ways.

An experienced divorce lawyer can help with the complicated and fairly emotional process of separating from someone you thought you’d grow older with. David R. Phillips is a divorce attorney who knows what the judge will require in the divorce petition or the questions that need to be answered before being granted a divorce. He works with the clients to prepare them for any situation during divorce trials.

As an experienced family law attorney, he can review the separation agreement to ensure your interests and rights are protected. He will ensure no important issues are overlooked, including child custody, asset division, child support, alimony, visitation, and other problems that can crop up to hurt you.

No matter how complicated or simple your divorce may be, our experienced divorce attorney will help you move forward while ensuring everything’s in order. Here are some benefits of teaming up with our divorce attorney to reduce the toll the separation may take on you, your children, or other loved ones.

#1- Unbiased Mediation

Divorce involves many intense emotions. It’s common to feel resentment, anger, sadness, or even betrayal. The feelings can add fuel to the flame, resulting in the divorce process becoming messier than it needs to be.

Frustration can interfere with the communication capabilities of spouses. A professional divorce attorney can mediate to prevent matters from getting out of hand.

Many people choose to communicate with each other primarily via their legal teams, especially when they’re on bad terms with their spouses. It spares them the awkward and painful conversations they would otherwise need to have with their spouse.

#2- Objective, Expert Advice

Despite how hard you try, it’s challenging for most people to stay detached so they can look at things objectively throughout the separation process.

Experienced attorneys can help you navigate through these complex issues and legal jargon so you can avoid costly mistakes and make emotionless, rational decisions.

Our divorce attorney has worked on countless unique cases over the past 30 years. He can advise you regarding everything - from responding to your ex’s demands to making the divorce as stress-free and quick as possible.

#3- Fair Share Negotiations

Working with a seasoned divorce lawyer helps ensure you get your fair share during legal proceedings. Attempting to take a DIY approach may result in your spouse taking advantage of you or prevent you from getting your share of assets. Call us to set up an appointment if you want to ensure all assets are divided equitably.

#4- Familiarity With Divorce Laws

Whether you’re in Lake County, Chesterton, or Valparaiso, our divorce attorney can help you navigate the intricacies of the state’s divorce laws. Most states have unique laws regulating how a divorce should occur, including laws governing spousal support, children’s custody, asset division, and other aspects impacting divorces.

Experienced family law attorneys like David R. Phillips take everything into account while ensuring your divorce follows all the state laws. We know going through a divorce is tough, and we want to make sure you don’t go through the painful time alone without the guidance and help of an attorney.

By partnering with our law firm, you can rest assured that someone is there to help you through every step of the divorce while watching out for your best interests. Our legal firm represents clients struggling with family lawsuits, personal injury, and criminal law cases.

Our criminal defense, divorce, expungement, DUI or OWI, and family law attorney is dedicated to providing an affordable and stress-free representation in all legal matters. Reach out to learn how we can help you navigate through this difficult time.

Custody Battle: Four Things That Can Sabotage Your Case

Getting separated from someone you thought you would spend a lifetime with can be difficult for anyone experiencing it. These difficult times can become even more stressful if the divorce involves a child custody battle.

The idea of getting to see children only on certain days can leave many feeling bitter and frustrated. A person likely acts or reacts irrationally in such situations, but this could be detrimental to the case.

David R. Phillips, an experienced divorce attorney, recommends remaining calm and composed when approaching custody after divorce battles. The court observes the conduct of both parents to evaluate outcomes that are in the best interests of the child(ren) when determining the custody agreement terms.

Besides maintaining your best behavior, here are some other mistakes to avoid when filing for custody after divorce.

Mistake #1- Not Cooperating with the Ex

Maintaining a harmonious relationship with a former partner can be challenging. However, the court favors joint physical and legal custody. You must settle any differences and work together as parents for a better future for your child.

Not cooperating with the ex-partner only hurts your chances in court, even if you know you can raise your child well single-handedly. You and your former partner must work toward the common goal of giving the child the best possible life as a team.

The child's mental and physical health and future must be prioritized, even if you can no longer stand your ex. Smooth cooperation between ex-spouses helps make the transition into a new way of living easier for the child and also helps raise a happy and confident child, reducing any potential negative impact the divorce may have on them.

Mistake #2- Frequent Reschedules

When you are given temporary custody of your child, use your rights to the fullest. Do notreschedule or show up late frequently when it's your time to look after the child. It can make the judges think your priorities aren't in order.

As both parents are given pre-determined time with the child, failure to spend it properly can show a lack of care or negligent behavior.

You must honor the agreement, even if it means doing mundane activities with them to show them you are not just in it for the fun part. But rather responsible and serious about the not-so-glamorous things parents often have to do for their child's bright future.  

Mistake #3- Criminal Activities or Altercations

Assault, addiction, and other criminal activities can significantly alter your image in front of the court. It is easy for the custody battle to sway in your former partner's favor as soon as any such incident comes to light.

The tendency for physical violence or verbal aggression can ruin your chances of winning the child custody case. Yelling due to long-standing mental problems shows you are unfit for the responsibility of raising a child.

Mistake #4- Not Following Court Orders

Failure to follow court orders shows the judges that you have no respect for the laws created specifically to protect your child's best interests. Whether it is child support or alimony, make sure you make timely payments. Following the court's order diligently will help your cause, showing the judges that you take your obligations seriously.

Another mistake people make when fighting for custody after divorce is not hiring the right family law attorney. If you are in Lake County, Chesterton, or Valparaiso, David R. Phillips can help ensure you do not go through the tough time alone.

We can make the process easier for you while keeping your child's best interests in mind. Our legal firm represents clients struggling with family lawsuits, personal injury, and criminal law cases. Reach out to learn how we can help position you for success in any legal battle keeping you from living a stress-free life.

Why Should You Seek A Postnuptial Agreement?

Most people are aware of prenuptial agreements that allow couples to address varying issues concerning inheritance and property rights, and other financial obligations before getting married. But what about those who did not get a prenup?

Couples who did not sign a prenuptial agreement for any reason before exchanging the marital vows can consult David R. Phillips for a marital contract that can be drafted even after a marriage has been legally recognized.

Known as a postnuptial agreement, family law attorneys recommended drafting them from scratch to regulate critical aspects of marital finances. Or these contracts can be crafted to adjust provisions of pre-existing prenups as well.

The Primary Differences between Prenups and Postnups

Prenuptial agreements are completed before marriage, whereas postnuptial agreements happen after the couple has gotten into a civil union or matrimony. Both cover similar potential issues and situations, helping avoid conflicts about how everything will be divided in the unfortunate event of a divorce.

In some states, prenups require each spouse to have a separate attorney from their significant other. Meanwhile, it is common for the married couple to hire one family law attorney to craft a postnup agreement together. However, postnups sometimes come under more intense scrutiny if the court has questions regarding everything in the agreement being in the best interests of both parties.

Benefits of Postnuptial Agreements

#1- Asset Protection

If any or both parties have children from a previous relationship, they can use a postnuptial agreement to ensure certain assets go to their beneficiaries only. Moreover, if a spouse receives more finances from a family inheritance or a substantial promotion, they can protect the additional income without being liable to share it with their spouse.

#2- Simplify Debt Liabilities

Debt is one of the major leading causes of stress and issues for both partners in a marriage. Postnups can alleviate the stress by outlining who is responsible for paying off the debts. It can be under a single name or in both names, so the distinction helps clarify several potential financial obligations. It can also include how the debt will be paid and whether there is a particular repayment schedule for it.  

#3- Planning for the Future

Postnuptial agreements prove beneficial for establishing what is important for both partners and solidifying financial plans, such as saving up to buy a home, setting money aside for children's education, retirement plans, and so on.

Both spouses must also agree regarding what needs to be done in the event of one spouse's death or serious illness. The agreement can comprise the protections in place for the children and the other spouse if one dies or becomes ill.

Power of attorney, health insurance, estate planning, life insurance, updated wills, and many other aspects can be brought up when drafting a postnuptial agreement.

The document helps define both separate and shared financial goals and puts important boundaries in place. It successfully helps avoid conflict when dealing with financial issues later on while also safeguarding for an unknown future.

#4- Protection from a Messy Divorce

Many people mistakenly believe that postnups are only prepared for divorces or eventual death. It is a misconception because one of the main benefits of postnuptial agreements is that they help avoid nasty conflicts over finances during a divorce.

They fairly regulate the issues faced by most couples when negotiating the terms of their divorce. Discussing the agreement in good times helps each spouse know how the assets will be divided if they file for a divorce in the future. This spares both parties a lot of unnecessary trauma and conflict.

Need a Postnup? Reach Out!

If you are all geared up to simplify legal and financial complexities that create stress in marriages, our experienced family law attorney is here to support you every step of the way.

David R. Phillips can help you define the expectations and needs to create a postnup that reflects the interests of both spouses in a marriage. We treat all clients with the utmost discretion and dignity, especially when dealing with delicate family law concerns.

Please contact us at 219-929-7060 to set up an appointment with our family law attorney!

Tips for Dads Seeking Custody of Child(ren)

Historically, 'the rule of one' has been followed in divorce cases involving child custody. The idea reflects a presumed notion that custody must be awarded to one parent while the other one can plan visits.

Additionally, thanks to the Tender Years doctrine, the mothers were more likely to receive custody. As a family law principle established in the 1800s, it was assumed that mothers were the more compassionate and capable parents. Unless there was extreme evidence regarding the unfitness of a mother, children always went to the mother instead of the father under the assumption.  

Fortunately, our understanding of parenthood and care has evolved over time. Society no longer devalues fathers as parents, and this is now reflected in custody arrangements as well.

While it has been established that fathers have as much right to be a parent as the child's mother, they still have to overcome the ingrained stereotypes that they lack the parenting qualities and instincts of mothers.  

Despite the additional burden and challenges, gaining custody as a father is not insurmountable. Family law attorney, David R. Phillips, shares some tips to help build your case in accordance with the father's custody rights.

#1- Respect All

Divorce and child custody proceedings can be stressful. However, you must show respect toward everyone involved, may it be the judge, your child, or the other parent.

Your attitude can be a huge factor in determining whether you are capable of raising the child properly. If you are rude or disrespectful, you harm the chances of getting custody. So be sure to keep any negative emotions or feelings in check.

#2- Pay Child Support Timely

While a father's custody rights cannot be undermined, it is important to adhere to court obligations to show that you respect their decisions.

Make sure you keep up with the child support payments, so it does not seem like you are not interested in the well-being of your child.

Maintain proof of compensation and records and request modifications if you find yourself struggling to make child support payments.

#3- Maintain a Good Relationship with the Child

Whether the child is in your custody or not, it is essential to maintain a strong relationship with them by visiting and calling them regularly.

Support your child at events, attend important meetings, and take an interest in events that may be meaningful for them. It shows your involvement in their lives.

Moreover, checking on their progress helps children feel secure and reassures them that both parents are there for them, which has a positive impact on their mental and physical health and overall development.

#4- Do Not Sabotage Yourself

Even if the space is limited, set aside some place for your child(ren) in the home. The court often asks about the accommodations, so it is best to remain prepared for such inquiries during custody hearings.

Additionally, avoid mistakes like taking the children unannounced for extensive time periods, physical altercations with the other parent, or moving in with another partner during the divorce proceedings. These things will tarnish your image in front of the judge and can come back to haunt you.

Instead, consider settling the differences through mediation. Contrary to adversarial court hearings, where judges decide the fate of your children based on small snippets, mediation allows you and your ex-spouse to craft a mutually agreed arrangement that best suits the needs of your family.

If the disputes are unsolvable, our family law attorney will be by your side to protect your rights while keeping the child's best interests a priority. Backed by extensive experience, our family law attorney fights for the father's custody rights to help them remain involved in the child's life.

Speak to our knowledgeable family law attorney now if you wish to learn how we help protect the father's custody rights in divorce proceedings.

Reasons A Court May Change or Modify Custody

When a couple with minor children divorces, an initial child custody order is also generated to outline parenting time arrangements, always tailored to be in the best interests of the children.

Parents may share custody according to a predetermined percentage or 50/50, or they may sometimes live full-time with one parent, depending on what works for everyone in the family. While custody arrangements are legally binding, they're not always set in stone.

At David R. Phillips, we understand that issues with the primary custodial parent or other changing circumstances can sometimes lead to child custody modifications at different points until the children turn 18.

Call now to discuss your unique child custody modification case with our esteemed family law attorney! With an experience that extends over three decades, we can guide you through everything you need to know about divorce, child custody and support, alimony, visitation, and more!

Why Do Courts Sometimes Modify or Change Child Custody Arrangements?

Reason #1- Changed Opinions or Needs of the Children

Most states take the children's opinions into account once they reach a certain age. Children need different environments to thrive at various life stages, so what worked for them as a toddler might not work as high school students.

The teenager may no longer want to live with the primary custodian or might express their desire to spend more time with both parents. Sometimes children who develop a physical, mental, or emotional disorder can need more attention from one or both parents, which could be a reason for the court to change custody.

When it's demonstrated in the court that the child's needs have evolved, it means you may have grounds for child custody modification. The judge will determine how to proceed once the parent files the motion to modify the custody in favor of the child's changed needs.

Reason #2- Failure to Follow Custody Terms

When parents go to court and get a custody order through mutual agreement or the jury's decision, they're legally bound to follow it. If any parent doesn't hold to it by perhaps refusing to inform the other parent when they take the child out of town or simply not returning them home on time every week, a petition can be filed to modify the order.

A notice can be sent to the troublesome parent, and evidence must be presented in court to demonstrate the violations and how they're affecting the child's welfare. The parent who doesn't follow the custody terms can also be held in contempt of court.

Since these things can be complicated, it's best to work with a highly experienced family law attorney who can help you proceed. David R. Phillips has dealt with numerous child custody modification cases based on violations of the predetermined order or agreement. Schedule a one-on-one consultation now!

Reason #3- The Child is in Danger

The court often modifies the custody order when a child feels threatened in one parent's house. The non-custodial parent gets custody, while the parents with issues can be allowed supervised visitation.

The court takes child endangerment very seriously, so substance abuse, physical abuse, psychological or emotional abuse, and even outright neglect can influence the modification.

Even if the court finds the household of the primary parent to be abusive or unfit for any number of reasons, the child may be instantly removed from their custody.

Need a Top-Tier Family Law Attorney in Indiana?

If you want to request modifications in your current child custody arrangements for any reason, you'll need to go through proper legal channels. Our law firm's family law attorney David R. Phillips works diligently to meet and exceed each client's needs when getting divorced or fighting for child custody while ensuring everything works out according to the child's best interest.

When clients come to us for personal injury, family law, and criminal law cases, we always treat them with compassion and grace. Our goal is to work out the most cost-effective and least complicated ways to help you begin the next chapter of your life on the right foot. Discuss your case with us so we can help you understand your rights and the best way forward.

How to Draft a Strong Prenuptial Agreement

Prenups or prenuptial agreements help couples settle the consequences of a hypothetical separation even before they get married. The idea of imagining separation from a person you vow to stand by in sickness and in health, and in good times and bad, can be overwhelming.

However, the benefits of prenups outweigh the discomfort associated with the complicated conversion you ought to have with your soon-to-be spouse. With divorce rates soaring to a new high every year, planning for the possibility before the wedding can help you and your betrothed make fair and loving decisions for one another.

Benefits of Prenups

The superstitions and stigma surrounding prenups keep many from taking the leap. However, they make the divorce and asset division process fairly convenient by eliminating many sources of stress and conflict.  

In the US, automatic equal property rights are common in most states. The rights entitle spouses to properties they share during the marriage and sometimes also include the ones they had prior to marriage.

Meanwhile, prenuptial agreements can protect the real estate, business holdings, inheritance, and other assets and properties of each spouse. They also outline mortgages, debts, and financial obligations, along with a brief overview of agreed-upon marital responsibilities and each spouse's expectations regarding child custody and support or alimony.  

Although prenups do not enforce custody rights, they can be used in the family court if needed to determine arrangements that are in the best interests of the child(ren). If you wish to sign a pre-nuptial agreement, you can discuss more benefits of prenups by calling us at +12199297060.

What to Include in Prenups?

#1- Property Division

Prenups specify the properties each spouse owned before the marriage. They allow you to ensure these properties remain separate from your partner once you marry them. Prenuptial agreements can outline how marital property will be handled in the event of a divorce.

Many couples tend to sell shared properties and split the profits equally, but you can discuss more options with your divorce attorney to move forward with the one that suits your situation.

#2- Financial Obligations

A lot of couples utilize prenups to organize how finances would be managed after the wedding. For instance, a spouse can agree to pay for the utilities while the other can handle housing expenses.

#3- Debts

If any or both parties are entering the marriage with debt, it can be clarified in the prenuptial agreement what each spouse is responsible for, ensuring the burden remains on the debtor. In the event of a divorce, this could prevent the other spouse from being held responsible for the remaining debt. This is especially important when one of them has serious financial liability.

While there are a lot of topics that can be covered in prenups, some states have their own set of requirements that must be followed for the agreement to hold its validity. Therefore, it is best to consult with a reliable family law attorney to avoid the complications of getting into an unenforceable agreement.

Who can Draft Prenups?

Certain states permit couples to write their own prenups as long as they are notarized and signed by a notary. It is recommended that you hire a licensed family law attorney to draft them.

Credible lawyers know the legal terms and technicalities that draw the line between enforceability and nullability. If you need help with any legal procedures concerning family law, personal injury, or criminal law, speak to our criminal defense lawyer, expungement lawyer, DUI or OWI lawyer, or family law attorney at David R. Phillips law firm.

Schedule an appointment to learn how we can help you win legal battles with stress-free and compliant legal proceedings.

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Federal Vs State Criminal Charges In Indiana

State Criminal Charges

Many criminal offenses are handled by the state in Indiana, but the federal government holds jurisdiction over several key areas. One of the more common questions that David R. Phillips hears revolves around this distinction, as many wonder whether their case will stay within the state or go to the federal courts.

We thought this would be a good opportunity to explore some of the key differences between federal and state crimes in Indiana, which this post aims to explore. Remember, if you’re looking for more in-depth legal assistance, we invite you to reach out to us directly at your earliest convenience.

Defining the Differences between Federal and State Crimes

Generally, the type of crime determines whether an offense is considered a state crime or a federal offense. The vast majority of criminal acts fall under state jurisdiction, and involves charges such as drug offenses, burglary and theft, weapons charges, misdemeanor offenses, sex crimes, domestic battery, etc.

Federal crimes are considered more serious and often carry heavier penalties. Worse yet, federal prosecutors often handle a much lower caseload and have a larger array of resources at their fingertips. This means that they are often successful in their pursuit and prosecution of federal charges in Indiana.

Federal jurisdiction usually covers criminal acts such as fraud, embezzlement, drug conspiracy charges, child pornography charges, internet offenses, sex offenses, weapons charges, and more. That said, the manner in which jurisdiction is determined can become confusing and convoluted at times. This is why we always suggest that, when it comes to criminal defense attorneys in Indiana, you need to trust your matters to someone who is well-versed with both federal and state criminal law. You need someone that is equipped to put forth an aggressive defense on your behalf and help ensure that your life is not derailed by your pending criminal charges.

Rely on a Qualified Criminal Defense Attorney

We hope this brief breakdown was useful in explaining the differences between state crimes and federal offenses in Indiana. For more guided assistance, reach out to a skilled criminal defense attorney, someone who possesses an in-depth knowledge of state and federal law and can help you mount an effective defense.

Call David R. Phillips, attorney at law, to schedule a free initial consultation, where you can learn more about how he can help you with any type of criminal charge in or around Indiana. Call Attorney David R. Phillips at 219-929-7060.

Breaking Down Indiana’s Felony Drug Crimes

While penalties for drug possession have been relaxed in various jurisdictions across the nation, Indiana still treats drug crimes, particularly the sale and distribution of narcotics, as serious offenses that carry long-term implications.  If you’re facing any type of drug offense in Indiana, you need to speak with a criminal defense attorney as soon as possible in order to minimize the risk of facing jail time, tens of thousands of dollars in fines, the loss of financial aid or other government assistance, and more.

What is a Felony Drug Crime in Indiana?

While drug offenses in general are serious matters in Indiana, felony drug crimes up the ante even more, and those accused of felony drug crimes often face severe consequences and penalties. As per Indiana Code 35-48-4-1, felony drug crimes usually involve the sale and distribution of narcotics, although prosecutors can use a bevy of “enhancing circumstances” to upgrade possession charges to felony drug crimes in some cases.

Drug laws in Indiana are complicated affairs. Below you’ll find a general rundown of the penalties associated with different felony drug crime levels. Do note that each case is different and additional circumstances can upgrade a felony drug crime to a “higher,” more penalizing tier.

Level 6 Felony – Prison sentence ranging from 6 months to 2.5 years, generally involves possession of a narcotic or sale of marijuana while having previous convictions

Level 5 Felony – Prison sentence ranging from 1 year to 6 years, involves the sale and distribution of narcotics involving less than 1 gram (or more than 10 lbs of marijuana)

Level 4 Felony - Prison sentence ranging from 2 to 12 years, involves the sale and distribution of narcotics between 1 and 5 grams

Level 3 Felony - Prison sentence ranging from 3 to 16 years, involves the sale and distribution of narcotics between 5 and 10 grams

Level 2 Felony - Prison sentence ranging from 10 to 30 years, involves the sale and distribution of narcotics weighting at minimum 10 grams or more

Speak to a Reputable Indiana Criminal Defense Attorney

Are you or a loved one facing felony drug charges, or any other type of criminal offense in Indiana? Do not roll the dice with your future and schedule an appointment with a qualified criminal defense attorney as soon as possible. Call Attorney David Phillips or fill out our “contact us” page to schedule a free initial consultation and learn more about how he can provide the legal assistance that you need. 219-929-7060.

Felony Drug Crimes

Injuries Are Not Always Apparent Or Obvious At The Scene Of An Accident

Injuries Are Not Always Apparent

After an accident such as a car crash or severe slip and fall, many injuries such as lacerations, fractures, and bruises are obvious and can be easily spotted with the naked eye. However, other types of injuries might not be so obvious, and some could even days or even time to manifest themselves.

Considering the shock of the accident itself, it can be difficult for a victim of an accident to account for all of his/her symptoms, which means that potential issues could be overlooked. In order to help individuals protect themselves and their loved ones after an accident, we decided to spend some time exploring some of the delayed or “hidden” symptoms that you should be on the lookout for. This information is especially relevant when dealing with insurance claims or any type of litigation involving a personal injury in Indiana.

Common Types of Delayed Symptoms

There are a plethora of reasons as to why symptoms might be delayed. Some of these are physiological: the release of adrenaline and other hormones can contribute to delayed symptoms. Other times, victims are simply too emotionally disoriented or distracted to notice symptoms, at least at first.

Delayed symptoms can include:

§  Back and other muscle pain: delayed back pain and other types of muscle pain are very common after an accident, especially those involving vehicles. Whiplash, trauma to the ligaments, and herniated discs can contribute to this type of symptom.

§  Headaches: headaches and dizziness can manifest days or even weeks after an accident, and could be a sign of a serious underlying injury such as whiplash, neck injuries, and blood clots.

§  Stomach pain: pain in the abdomen can signify internal injuries or bleeding. This is especially dangerous because these symptoms usually go unnoticed for days, and can lead to life-threatening complications.

§  PTSD: Many victims of accidents start to exhibit symptoms of Post-traumatic stress disorder, and often suffer from disturbing and vivid memories of the event. Emotional damage is often overlooked by medical professionals and family members alike, making these types of symptoms more likely to be ignored.

Consult with a Knowledgeable Personal Injury Attorney in Indiana

If you or a loved one were recently involved in an accident, it is important that you keep up with all symptoms, especially when dealing with insurance companies. These entities are quick to dismiss legitimate claims and always prioritize minimizing payouts above all else.

If you want to learn more, or to speak with an experienced personal injury attorney in Indiana, know that you can reach out directly to David R. Phillips. Contact us through our website or call 219-929-7060 to schedule a free initial consultation.

Preparing For A Child Custody Hearing In Indiana

Are you facing an upcoming child custody hearing in Indiana? If so, you are likely feeling anxious and stressed out. After all, these hearings can have long-term implications on your living arrangements and your day to day interaction with your loved ones. We figured we would take the opportunity to draft up a brief overview on what to expect when preparing for a child custody hearing in Indiana. For more specific advice, we recommend that you reach out to a family attorney directly, someone like trusted attorney David R. Phillips.

Remain Calm and Composed At All Times

Remember, to the family law courts in Indiana, child custody hearings are about determining the course of action that promotes the best interests of your child above all else. While this is a highly emotional and stressful time, you need to ensure that you retain your cool and demonstrate your ability to provide and care for your child. While nobody can fault you or anyone else for reacting strongly to such life-changing events, remember that judges are there to scrutinize you and your ex-spouse fully to protect the interests of minor children before anything else.

Prepare all Documents Ahead of Time

In general, it pays to be prepared. Be sure to show up to your hearing with everything that you need, including all relevant documents and records. Every case is different, and if you’re unsure about what to bring to your hearing, don’t delay in contacting a family law attorney. He/she will certainly be able to guide you in the right direction and ensure that you will be ready in time for your upcoming hearing.

Consult With an Indiana Family Law Attorney

There isn’t an easy solution or obvious answer when it comes to child custody hearings in Indiana. This is why it is so important that you consult with a family law attorney, someone who can help steer you towards a favorable outcome and help you prepare for your upcoming hearing.

When dealing with child custody, divorce, or any other type of family law matter in Indiana, know that David R. Phillips can provide you with the legal expertise that you need. Fill out our easy to use form on the “contact us” page or call us at 219-929-7060 to schedule a free initial consultation. www.DavidPhillipsLaw.com

Child Custody Hearing

Key Facts About DUI Laws In Indiana

In the United States, over 1.5 million people are arrested for DUI offenses on an annual basis. Needless to say, states like Indiana have taken a hard stance on the offense, and with alcohol present in nearly every facet of society, it is important that you take the time to familiarize yourself with DUI laws and key facts in Indiana.

Remember, if you or someone you know was arrested for a DUI conviction, your priority should be to reach out to a criminal defense attorney who can provide reliable legal counsel. For now, here are a few key facts about DUI laws in the state of Indiana.

Implied Consent is the Law in Indiana

In Indiana, you have to relinquish a urine, breath, or blood sample when requested by law enforcement. Refusal to consent is a criminal offense as per the law, and your license is automatically revoked for a year. Not only that, but additional refusals down the line lead to longer periods of suspension. In general, refusal in Indiana will only worsen the consequences of your arrest.

Additional Factors Affect Potential Jail Time

DUIs are punished harshly in Indiana, and several factors go into play when defendants are sentenced to jail. Previous arrest or convictions, unusually high BACs, and resulting collisions or injuries all play a role into the sentencing that is handed down, which is why the representation of a qualified attorney is so critical.

Multiple Convictions Lead to Steeper Fines

Make no mistake, a single DUI/OWI conviction carries harsh penalties. First-time offenders face fines ranging from $500-$5,000 and up to a year in jail. However, repeat offenses ramp up these tough penalties even, and habitual offenders might face consequences such as fines up to $10,000, up to an additional eight years in jail, the suspension of your driver’s license for up to ten years, and more.

To learn more, call Attorney David R. Phillips, skilled criminal defense attorney, to schedule a free initial consultation. 219-929-7060. You may also fill out the form on our “contact us” page.

Key Facts About DUI Laws

Planning A Divorce In Indiana? Be Sure To Check These Items Off Your List

As you move towards your divorce, your head is probably reeling and you might be having trouble figuring out exactly where to start. This is perfectly normal, given that you're moving towards a fresh start and a new life. To help make things a little easier, we've compiled a list of items that you should fully check off before finalizing the planning stages of your divorce.

To learn more, remember that you can always call David R. Phillips, seasoned Indiana family law, to schedule a free initial consultation. For now, here's a checklist of things to account for when planning for a divorce in Indiana.

Account for All Expenses and Have a Financial Reserve

Many separating couples go through the phase where they're living separately but are still legally together. During this time, the household costs essentially double and can wreak havoc on your budget. In addition, many surprise expenses can test your limits, especially when you no longer rely on the support of your soon-to-be ex-spouse. This is why you need to get your financial ducks in order before initializing divorce proceedings. Ensure that you’ve built up a solid financial reserve and remember to separate your finances sooner rather than later.

Sort out your Transportation Needs

On a similar note, make sure to account for your transportation needs ahead of time.  Sort out who gets which vehicle at the time of filing and consider opting for a new trade in when dealing with older cars. The last thing you need on your plate during this time is a faulty or broken vehicle.

Collect and Organize all Critical Documents

In addition, give yourself enough time to collect and organize every important document that you'll need to move forward with your divorce proceedings. You'll need tax returns for the past three years, financial statements, property and car titles, passport, birth certificates, and other key documents. Preparing these ahead of time will make a world of difference down the road, especially when working with a divorce attorney.

Seek Qualified Legal Counsel

Moving forward without legal counsel at this stage is reckless and opens you up to a variety of serious legal consequences. Remember, disputes are always a possibility even in the most amicable of divorces, especially when it involves matters such as child custody and alimony/spousal support.

If you're planning for a divorce or are dealing with any other type of family law matter in Indiana, know that you can rely on skilled divorce attorney David R. Phillips. Call us today at 219-929-7060 to learn more about how he can help, and to schedule your free initial consultation.

If you are planning for a divorce in Indiana be sure to check this items off list

Sleeping In Your Car After A Few Drinks: Precautions To Know

Precaution to know to fight against sleeping while driving your car

The fight against drinking and driving has only ramped up in recent years, and Indiana police have increased their efforts in catching drunk drivers. Their expansion of efforts has included setting up DUI checkpoints and increasing their scrutiny of everyday drivers in an attempt to identify illegal behavior.

Not everyone is so quick to engage in drunk driving, however, and plenty of smart people opt to sleep off their drinks inside their car instead of driving off. Unfortunately, the increased vigilance of police everywhere means that they often come across these drivers, and things don’t always play out in their favor. Police in Indiana can and often do arrest people who are simply “sleeping it off.”

In order to help drivers who are smart enough to avoid getting behind the wheel and choose to sit tight instead, this post covers some of the precautions that you need to be mindful of when sleeping off a few drinks in your car.

Precautions to Take When “Sleeping It Off”

The reason that police are able to arrest you in this scenario is because, when inside of your car, you are technically in control of the vehicle. One way to help mitigate this is by making your intentions clear. For example, napping in the back seat as opposed to the driver’s seat helps convey that you’re simply in need of rest and have zero interest in operating a vehicle while under the influence of alcohol.

Likewise, having the keys in the ignition, or anywhere else on your person, is a big no-no. Play it safe, place your keys in the trunk instead. This can be the definitive proof that you need to prove your innocence if questioned, and later down the line if you are unlucky enough to be arrested.

Want to Learn More?

Whatever your approach is in ensuring that you don’t drink and drive, always be mindful of police, the way they seek out arrests, and your rights. When dealing with any type of matter relating to DUIs in Indiana, know that you can count on seasoned criminal defense David R. Phillips.

If you want to learn more, or to schedule a free initial consultation, we invite you to call us directly at 219-929-7060, at your earliest convenience.

Key Questions To Ask Before Taking A New Medication

Medical errors continue to be a prevalent problem within the healthcare industry, and these oversights or mistakes at the hands of medical professionals are now the third leading cause of death in the U. S. A large portion of these mistakes center around medication. Whether a doctor forgot to prescribe a given medication, recommended an incorrect dosage or formula, or even if there was a labeling mistake at the pharmacy, these mistakes can have serious implications to patients.

The best way to protect yourself and your loved ones from medical errors involving medication is to remain vigilant and always ask the right questions, For this post, we’re looking at some key questions you should ask your doctor before you proceed with any new prescription or medication.

Why do I Need this Medication?

Perhaps the biggest question involving any new prescription, it’s important that you understand why your doctor is recommending or prescribing a given medication. Make sure you’re fully clear on the benefits and the risks of the recommended medication, and ask your doctor about expected results, timelines, and dosage instructions.

Are There any Known Side Effects?

Most medications have side effects. These can range from mild to severe, and while the benefits of a medication will often outweigh the side effects, it’s still important that you remained informed about potential effects and reactions, and whether your doctor needs to prescribe additional medications to help alleviate side effects.

Is a Generic an Acceptable Replacement?

Patients will often opt for the most cost-effective solution, especially if they expect to regularly take the medication for a long period of time. Ask your doctor if generic alternatives are ok, or if you need to stick to the name brand that he/she recommended. If a generic is acceptable, your doctor should include that information in the prescription itself.

Want to Learn More about Medical Errors or Other Personal Injury Matters?

Keep these pointers in mind next time you visit your primary care physician, and remember that, if you want to learn more about this or other topics related to personal injury law, seasoned attorney David R. Phillips is just a quick phone call away.

Call today at 219-929-7060 to speak with a knowledgeable personal injury lawyer, where you can schedule a free initial consultation.