DeVries Law Office 2025-10-14T17:23:44Z https://www.devries-law.com/feed/atom/ WordPress /wp-content/uploads/sites/1502916/2022/05/cropped-favicon-32x32.png On Behalf of DeVries Law Office https://www.devries-law.com/?p=46305 2022-05-18T20:49:01Z 2021-02-07T05:00:00Z

a university often holds itself accountable to obey its procedures through its written material. University Handbooks and Manuals When you sign a contract, you can hold the other party liable for a breach of contract if the other party does not honor its obligations. Your university probably did not offer a contract to you explaining its responsibilities to you. However, many private universities do explain their terms through a student handbook or a manual. These documents describe the rules of conduct for students and the rules and procedures for disciplining a student. Enforcing a Handbook Like a Contract Your university may try to include some leeway so you cannot strictly hold it to its judicial procedures. For example, your handbook may have a disclaimer stating that it is not a contract. An Indiana court may not go along with this argument, however. A court could hold a university accountable through the principle of the law of contracts. The university may not have signed a contract with you, but it did make promises to you through written literature. You have decided to attend the university based upon this knowledge. A court may look at this arrangement as a kind of legal contract and may hold the university responsible for breaking any promises with you. Enforcing Your Rights FIRE explains that courts frequently rule that universities must enforce their judicial procedures as written or conveyed to students. Still, some courts side with universities if they enforce their rules generally but not strictly, plus courts may not always award a student monetary damages for a university failing to honor its judicial procedures. Given the fact that many courts insist that universities follow their judicial rules, you should still have recourse if you feel your university is not honoring all of your rights.]]> On Behalf of DeVries Law Office https://www.devries-law.com/?p=46310 2022-05-25T20:07:22Z 2021-02-05T05:00:00Z

a first-time OWI, you may spend some time in jail, pay a steep fine and have to install an ignition interlock device on every vehicle you drive. An IID is a mechanical device that fits into your car’s ignition system. Before the device will allow your vehicle to start, you must provide an alcohol-free breath sample. You also must continue to breathe into the device periodically until you reach your destination. Who Installs the Device? If a judge orders you to install an IID on your vehicle, you must take your car to an approved installer. While there are many models of IIDs on the market today, the installer must select one from a list of approved models. How Much Do IIDs Cost? Indiana law requires you to pay for all IID installation, calibration, removal and leasing costs. The exact amount you must pay depends on the features of your IID and the length of your IID requirement. For budgeting purposes, you should expect to pay up to $150 for installation and between $40 and $100 per month for IID maintenance. Do You Need a Special License? While you have an IID on your vehicle, you must also carry a special driving permit. This permit allows you to drive despite your license suspension. It also tells any officer who may stop your vehicle that you must have an IID on it. Ultimately, while it may be inconvenient to have a special driver’s license and an IID on your vehicle, being able to drive may help you minimize the many life consequences that often accompany an OWI conviction.]]> On Behalf of DeVries Law Office https://www.devries-law.com/?p=46303 2022-05-18T20:50:10Z 2020-12-15T05:00:00Z

field sobriety tests, a police detection tool. There are two types: standardized and non-standardized. There are three types of standardized field sobriety test and many more non-standardized ones. This is because standardized tests have a universal rubric by which officers judge them. It is harder to make a test standardized. This is also why standardized tests see more use. As they have a rubric, officers have guidelines by which to judge results. In other tests, personal bias may color the way an officer views a participant’s actions and words. The courts understand this bias exists, too. This is why field sobriety test results are not strong pieces of evidence in cases. The tests lack in scientific backing and have a large margin of error and personal bias. Why Do Officers Use These Tests? Officers still use them to get a sense of the situation, though. If you fail a field sobriety test, an officer may administer other tests as well. This could include breath and blood tests, which courts view as a more accurate representation of your blood alcohol content (BAC) level. Regardless, failing any of these tests is not the end of the road. If you take and fail a field sobriety test, the next step is to contact a legal expert to see what your options are.]]> On Behalf of DeVries Law Office https://www.devries-law.com/?p=46313 2022-05-18T20:50:48Z 2020-12-01T05:00:00Z

the disciplinary hearing to their own students, but they could apply just as well to students at other universities. 1. Be on Time Having received ample notice of the hearing’s date and time from the committee beforehand, make every effort to attend and be on time. Arriving late does not make a favorable impression on the committee. If you fail to attend at all, the hearing may still proceed without the benefit of any additional evidence you have to submit. 2. Tell the Truth It may be tempting to embellish or exaggerate the facts to improve your position. However, the committee will likely recognize any discrepancies and ask you to account for them. 3. Organize Your Materials Beforehand You should have the opportunity to present statements or documents supporting your case at the disciplinary hearing. You also have the opportunity to review statements and ask questions. Preparing and organizing these beforehand makes you more ready to present them effectively at the hearing. In most cases, you need not face the disciplinary hearing alone. You can choose an advisor to assist you. This institution determines who you may choose to serve in this capacity.]]> On Behalf of DeVries Law Office https://www.devries-law.com/?p=46311 2022-05-18T20:51:06Z 2020-11-17T05:00:00Z

wait for the officer, advises the Huffington Post. Try for Silence Over Candid Statements You have every right to remain silent about anything that may incriminate you. Do not offer any unnecessary information to the police. Only answer specific questions and be careful o the answers that you give. You do not need to tell him or her where you came from, whether you had any drinks that night or who you hung out with. Stay Polite and Calm It does not help your case to act uncooperatively or to disobey the police. While you may feel anger over the DUI stop, you can still practice being polite. Often, cops react more negatively to swearing, disobedience and disrespect. The cop may use your actions against you. While the whole situation may be jarring, keep your cool. Whether or not the officer arrests you, you should try to stay as calm as possible. Anything that you do, the cops can use against you in court. You can politely decline to answer any possibly incriminating questions.]]> On Behalf of DeVries Law Office https://www.devries-law.com/?p=46296 2022-05-18T20:51:12Z 2020-10-19T04:00:00Z

more rights at a public school than at a private one because public schools are government organizations that must follow the U.S. Constitution. Public School Rights In general, you have the same rights in front of the disciplinary board as you would in front of a judge in court. The board must provide you with due process by standardizing hearings so they all occur in the same general way for everyone. If you face suspension or the board may kick you out of school, then you have the right to present your side of the situation, to know what charges you face and to hear the college’s evidence. For serious cases, you also may have the right to an attorney. Private School Rights Private schools are a different situation because they do receive government funding and individuals or companies own them. They do not have to provide you with due process. The good news is that they usually have a contract in place to cover such situations and therefore the contract binds them to handle hearings in a specific way. In this case, instead of the Constitution governing things, contract law does. It may be easier to fight against contract law violations because they are more black and white than the constitutional rights afforded to you at a private school.]]> On Behalf of DeVries Law Office https://www.devries-law.com/?p=46280 2022-05-26T13:06:04Z 2020-10-12T04:00:00Z

comprehensive rehabilitation program may be eligible for sentence reduction or dismissal. Eligibility Criteria You can ask your attorney to refer you for this program if you live in Marion County. You must be at least 18 years old without a history of violent offenses or convictions involving drug delivery. You must also be free of outstanding charges in other counties. After referral, program staff and the deputy prosecutor will review mental health and substance use screening criteria to decide if you qualify. Drug Court Requirements If the county admits you to this diversion program, they will appoint you a case manager who will guide you through the requirements. The three-phase program lasts about 12 months, during which you must comply with drug screening, treatment and rehabilitation. You must also pay all required fees and restitution as ordered by the court. During the program, you will receive employment and housing resources. You must either create and begin to implement a plan for your educational and professional goals or continue to maintain gainful employment. Phases of this program include:

• Recovery and Responsibility to Self
• Maintenance of Recovery and Responsibility to Others
• Maintenance of Recovery and Responsibility to Self and Others

As you move through each phase, you graduate from weekly to monthly court visits and therapy sessions. The county will dismiss your felony drug charges upon successful graduation from Marion County Drug Treatment Court.]]> On Behalf of DeVries Law Office https://www.devries-law.com/?p=46270 2022-05-25T20:49:40Z 2020-09-08T04:00:00Z

drug charges. If you receive a conviction for a sexual offense, you will become ineligible for Federal Pell Grants. And if your charges lead to incarceration, you will no longer qualify for most types of aid if you attend a state institution. Your school’s disciplinary policies could also lead to further penalties. Some institutions give students ample opportunity for redemption. Yet, most take criminal charges seriously. The consequences you may receive, regardless of conviction, could include:

• Loss of scholarship money
• Loss of eligibility to participate on school sports teams
• Loss of campus housing privileges
• Community service
• Academic probation
• Suspension or expulsion

Ways You Can Protect Yourself If your charges led to incarceration – no matter how brief – you could regain your eligibility for federal student aid once you serve your sentence. So long as you were not convicted of a drug or sexual offense, you can reapply for aid before your release. If you received a conviction for drug charges, you can regain eligibility for student aid by participating in a rehabilitation program and passing two drug tests, given at random. Furthermore, your school will likely hold a disciplinary hearing to determine the penalties for your criminal charges. Before you attend it, you will want to consult an attorney. They may be prohibited from speaking during your hearing, but their presence could help protect you. And they can offer you guidance and advice for making your case beforehand.]]> On Behalf of DeVries Law Office https://www.devries-law.com/?p=46265 2022-05-18T20:51:39Z 2020-09-02T04:00:00Z

News articles about the campaign note that law enforcement will be using a range of strategies to catch alleged drunk drivers, including unmarked cars, DUI checkpoints and high-visibility DUI patrols. They’ll be looking for drivers over age 21 who have a blood-alcohol concentration at or above 0.08 percent. But they may also be arresting drivers with a lower BAC if those drivers show signs of impairment. And if you’re under age 21, remember that you can be arrested with a blood-alcohol concentration at or above just 0.02 percent. To be sure, drunk driving is physically dangerous as well as illegal. In 2018, nearly 4,000 alcohol-impaired crashes on Indiana roads claimed 83 lives. Approximately 48 of those crashes and one fatality occurred during the Labor Day enforcement period that year. If you’ll be drinking, please plan alternative transportation such as a designated driver, cab, bus or rideshare service. Even if you drink moderately and ensure that you are under the legal limit, you may still be pulled over due to heavier-than-usual police presence on the roads. During periods of increased enforcement, there is always the risk that police will make mistakes and violate the rights of drivers who haven’t broken the law. If you find yourself facing DUI or any other criminal charges this weekend, please contact our firm to discuss your rights and legal options with one of our skilled attorneys.]]> On Behalf of DeVries Law Office https://www.devries-law.com/?p=46278 2022-05-25T21:20:34Z 2020-08-31T04:00:00Z

under the legal drinking age of 21 will face even harsher penalties. As college students return to class in the fall, understanding these penalties can help young people make smarter and safer decisions. Young people can also avoid making a mistake that can impact the rest of their life. Consequences Under Indiana Law Indiana operates under the implied consent law. This law dictates that anyone operating a motor vehicle in Indiana automatically consents to a chemical test when arrested for an OWI. The legal blood alcohol content (BAC) limit for Indiana is .08 but drops to .02 for those under age 21. Failing this test will result in license suspension lasting 180 days. Refusing a test will suspend one’s license for a year. Indiana considers an OWI a Class C misdemeanor if a person’s BAC is below .15, even for underage offenders. The offense carries maximum penalties of:

• $500 in fines, plus court fees
• 60 days in jail

An OWI offense becomes a Class A misdemeanor if the driver tests at .15 BAC or was driving dangerously. Penalties include:

• $5,000 fine
• One year in jail

Offenders must also attend and pay for a victim impact program (VIP). These programs highlight the victims drunk driving and focus on the devastating effects that drunk driving can have on a person and their family. Special Considerations A good defense can help ease sentencing, suspension periods and even one’s criminal record. Judges may allow special driving privileges by installing an ignition interlock device (IID) in a person’s car. Judges may also require those under the age of 18 to attend a service program. Secure Legal Protections An OWI conviction can have devastating consequences on a young person’s life. Convictions may appear in background checks for school applications, job interviews, rental applications, or home loans. Those convicted of an OWI find more success working with a lawyer familiar with Indiana’s OWI law.]]>