Category: Criminal Defense


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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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Possession of a Controlled Substance

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possession of a controlled substance

 

Regulated Under Indiana Code 35-48-4-7

In Indiana, possession of a controlled substance without a prescription is a crime. A controlled substance is everything “classified in schedule I, II, III, or IV, except marijuana, hashish, salvia, or a synthetic cannabinoid” and constitutes a Class A misdemeanor. IC § 35-48-4-7 (Burns, Lexis Advance through P.L.169-2018, with gaps of P.L.152-2018 to 154-2018 and 161-2018, from the Second Regular Session of the 120th General Assembly).

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What are the Types of Criminal Defense Used?

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What is a Criminal Defense?

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So you’ve been charged with committing a crime, and you’ve just left speaking with your Indianapolis Criminal Defense Lawyer.  In your meeting, hopefully your lawyer covered the various types of criminal defense arguments available to you.

A Criminal defense is a challenge made by the accused that argues the overall validity of the evidence presented by the prosecutor. The prosecutor is a party that has been tasked with proving whatever crime you’ve been charged with committing.

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Drug and Alcohol Abuse Treatment Centers

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If drug and alcohol abuse are a problem here’s help.

As a criminal defense attorney in Indianapolis, we understand that there are some people may face an alcohol or drug use addiction that they are facing. There are a number of addiction treatment centers in the Indianapolis, Indiana area, and we’ve compiled a non-exhaustive list. This is not a direct endorsement of any one of the centers that we’ve linked to in this document. It is however a number of direct links to a number of drug and alcohol abuse treatment centers in the area. If you think you may have a problem with heroin, this is a link about methadone clinics in Indianapolis.

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