Category: Criminal Defense


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When Do You Need an Indiana Marijuana Defense Lawyer ?

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possession of marijuana in indiana

If you been arrested for possession of marijuana in Indianapolis? If so, it may be time to hire a top Indiana marijuana defense lawyer, Hayes Law Office at 317-759-1515 as soon as possible. You’re going to need help when you go to fight the crime you’ve been accused of committing.

Now, don’t get it wrong, it’s very possible for you to represent yourself when you decide to fight your criminal charges, but with the help of an experienced top Indiana marijuana defense lawyer by your side to be your advocate in court will be of more value than what you would expect.

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317-759-1515

While there are voters in many states in the United States that have taken the necessary steps to legalize the possession of marijuana. There still are a number of many other states, such as Indiana, that are still intent on waging losing war against drugs and the ancillary crimes that go hand in hand with active drug use.

An Indiana attorney, such as Philip Hayes of Hayes Law Office is very familiar with how the Indiana court system operates and the number of Indiana state laws that outlaw the possession and use of marijuana, be it for recreational or for medicinal use. If it looks as if you could possibly become convicted of a crime, Attorney Hayes will be there to assist you in making a plea bargain with your guilty plea. A plea bargain as the result of an arrest can result in a reduced sentence. Mr. Hayes can work with the prosecutor to possibly have your criminal marijuana possession charges dismissed or you could receive a decreased penalty for the crime that you could have possibly could have committed.

A Marijuana Conviction Can Mean Dire Consequences

You may not realize it, but there are dire consequences for your charges. Here are just a few:

  • A criminal record will always follow you, wherever you go
  • You may not be able to obtain employment or your employment options could be severely reduced
  • Your family life will always be affected
  • A Possible prison sentence
  • If you happen to get arrested again, even if you are arrested for a different crime, you will be considered a “repeat offender” and the penalties could/will increase drastically the second time around

The good news is there are programs you can enroll in that will help you get back on your feet and head in the right direction. A marijuana lawyer will know all about these programs and help you choose the most effective for your needs. Upon completion of such a program, you may even become eligible to have your criminal record completely cleared!

When is the Best Time to Hire Philip Hayes?

The best time to hire an attorney is immediately after you’re arrested. Time is of the essence as the old saying goes. The quicker you are able to hire a top Indiana marijuana defense attorney to help you, the easier it can be to help with your defense by finding the best evidence to best help defend your criminal defense case.
Evidence can be lost very quickly by mishandling or neglect from law enforcement. Also, he’ll be able to immediately enroll you in one of the programs mentioned above and that will greatly increase your chances of a plea bargain.

You Have Constitutional Rights

You have Constitutionally protected rights to defend yourself from what could be considered as the overreaching armed government. Even if you are accused of committing a crime, a good marijuana lawyer will know and will be able to help to protect your rights. Often a top Indiana marijuana defense attorney can use as the following defenses to possession of drug abuse and those possible defenses include:

  • Unlawful Search and Seizure
  • Drugs Belong to Another Person
  • Crime Lab Analysis
  • Missing Drugs
  • Drugs were Conspicuously Planted
  • Entrapment
  • Medical Marijuana Possession

If you become involved, either by knowingly potentially committing the crime of possession of marijuana or possession of marijuana or distribution or dealing the drug of marijuana by deception, please get help. There are so many ways you can do that as we’ve discussed in this article. You don’t have to continue down the road you’re on. With the right kind of assistance, you can get off that road of destruction and head down a new road – the road to a good and successful life. Call Hayes Law Office at 317-759-1515 for help today!

Methamphetamine Possession Charge in Indiana Attorney

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possession of meth

Receiving a methamphetamine possession charge in Indiana is a very serious charge for both adults and juveniles. The possession of meth is the illegal possession of a controlled substance on par with the possession of drugs like cocaine, ecstasy, or prescription medications that you do not have a prescription. The possession of methamphetamine drug charge in the State of Indiana is a felony.

Drug Possession Carries a Stiff Penalty

Drug possession charges often lead to very stiff penalties that most often include a prison sentence and hefty fines. Drug charges are prosecuted to the full extent of the law. If facing a drug possession charge, the right lawyer is imperative. This lawyer should have knowledge and experience dealing with drug possession charges and presenting the best defense possible in these cases.

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Do you need an Indianapolis disorderly conduct lawyer?

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disorderly conduct

Why do you need an Indianapolis disorderly conduct lawyer? We’ve seen it all before. There’s the cookout that gets a bit too much out of hand, and ultimately the police are called. When the police are called, they decide to make an arrest. The person(s) that are arrested at the event/protest/cookout/concert just happen to be charged with disorderly conduct. For times such as these, you need effective, competent and aggressive legal representation. We are one of Indiana’s best criminal defense lawyers. Call us. We can help.

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Entrapment

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entrapment

Entrapment is a term many have heard before but few know the true meaning of the word in the legal world.

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Indiana BMV Point System

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indiana bmv point system

 

Have you ever received a speeding ticket or other type of moving violation? Have you ever wondered how that violation would affect your driver’s license privilege?

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Public Intoxication at the Indy 500. Be Careful.

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public intoxication at the indy 500

If you are an Indiana native or a racing fan, then you know May brings the famous Indianapolis 500 Race to the Indianapolis Motor Speedway. Indianapolis residents prepare for the big race by camping the night before the race, tailgating, and attending concerts in the “Snake Pit” at the racetrack. However, all of this excitement can lead to one thing: public intoxication charges.

Public Intoxication 

According to the Indiana Code, to be convicted of public intoxication, “… [defendant must have been] in a public place and (1) endangering defendant’s life; (2) endangering the life of another person; (3) breaching the peace or is in imminent danger of breaching the peace; or (4) harassing, annoying, or alarming another person. IC § 7.1-5-1-3 (Burns, Lexis Advance through the end of the Second Regular Session of the 120th General Assembly). Essentially, you are not legally allowed to be intoxicated in public if you create any type of disturbance.

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Indiana Open Container Law

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indiana open container law

Open container laws prevent people, particularly those operating motor vehicles, from consuming alcohol in certain places. These laws dictate if one can drink outside of their home or a restaurant or perhaps while walking down the street. Open container laws are enacted in order to reduce the risk of public intoxication or operating a vehicle while intoxicated. Be advised open container laws vary even inside a state.

Can a passenger of a vehicle have an open container?

No. According to Indiana Code § 9-30-15-3, “a person in a motor vehicle who, while the motor vehicle is in operation or while the motor vehicle is located on the right-of-way of a public highway, possesses a container: (1) that has been opened; (2) that has a broken seal; or (3) from which some of the contents have been removed in the passenger compartment of the motor vehicle commits a class C infraction. IC § 9-30-15-3 (Burns, Lexis Advance through P.L.210-2018, with gaps of P.L.177-2018, P.L.189-2018, and P.L.208-2018, from the Second Regular Session of the 120th General Assembly). Therefore, even if you are the passenger of a car, you are still not permitted to drink alcohol while the car’s motor is running.

Subject to various provisions, under Indiana Code 34-28-5-4, “…a judgment of up to five hundred dollars ($500) may be entered for a violation constituting a Class C infraction.” IC § 34-28-5-4 (Burns, Lexis Advance through P.L.210-2018, with gaps of P.L.177-2018, P.L.189-2018, and P.L.208-2018, from the Second Regular Session of the 120th General Assembly).

Can I drink on Indiana streets?

Surprisingly, the answer is a complicated “yes.” In Indiana, the law states that in public spaces, including sidewalks, you are allowed to have an alcoholic beverage so long as it is in its original container. While there is no statewide ban, be advised that only certain areas of the state allow for drinking in public, so you should check local laws. Additionally, please note that the term “public” does not generally include places such as restaurants or bars.

If you are caught violating an open container law, you will need a criminal defense attorney. Call Hayes Law Office at 317-759-1515 and together we can navigate your legal issues.

 

Operating While Intoxicated – Chemical Tests

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If you are stopped by a police officer in Indiana for operating while intoxicated (OWI), you will likely be asked to provide some type of chemical test, commonly either a breath or blood sample, in order to determine your blood alcohol content (BAC). Your BAC provides an indication of how much alcohol is in your blood and anything above .08% in Indiana will send you to jail.

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Indiana’s Sunday Alcohol Law Explained

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beer bottles indiana alcohol law

Even after the passing of the 21st Amendment, effectively overturning Prohibition, Indiana residents were prohibited from purchasing alcohol on Sundays, aside from ordering a drink in a restaurant or filling a beer growler. To the delight of many, a bill allowing carryout package liquor sales in Indiana recently passed both the House and the Senate (titled Senate Bill 1 and House Bill 1051 respectively). On February 28, 2018, Governor Eric Holcomb signed the bill into law.

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Possession of Marijuana in Indiana

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possession of marijuana in indiana

 

Notwithstanding the current legislation regarding marijuana, possession of marijuana is a crime in Indiana. If you find yourself charged with possession of marijuana in Indiana, you may face serious penalties.

What charges could you be facing?

In Indiana, “(a) A person who: (1) knowingly or intentionally possesses (pure or adulterated) marijuana… [commits] a Class B misdemeanor…” Ind. Code § 35-48-4-11 (2018). However, if a person has a prior drug offense, the Class B misdemeanor is elevated to a Class A misdemeanor. If a person has a prior drug conviction or “possesses at least thirty (30) grams of marijuana,” the class B misdemeanor becomes a Level 6 Felony. Ind. Code § 35-48-4-11 (2018). The punishments for possession are addressed below in turn:

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