Category: Criminal Defense


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Possession of Marijuana in Indiana

  • Darrin Marion,
  •   Criminal Defense
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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

  • Darrin Marion,
  •   Criminal Defense
  •   Comments Off on Possession of a Controlled Substance
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?

  • Hayes Law Office,
  •   Criminal Defense
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What is a Criminal Defense?

criminal defense lawyer

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

  • Hayes Law Office,
  •   Criminal Defense
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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.

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What is a DUI lawyer? | Indianapolis DUI Lawyer

  • Hayes Law Office,
  •   Criminal Defense
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What is a DUI lawyer?

A lawyer is a trained professional who has a law degree and has passed the bar exam in the state that they practice in. Once an attorney passes the bar exam and is admitted to practice law, they must obtain a particular amount of continuing education courses per year. These continuing education hours ensure that attorneys keep their licenses and maintain a current and sharp skills set. Lawyers who focus on a particular area of law spend the majority of their time litigating and practicing a specific area of law.

How is an Indianapolis DUI lawyer different than other types of lawyers?

An Indianapolis, Indiana DUI lawyer will typically spend a higher amount of time on these offenses, versus another type of law. In the State of Indiana, if someone is found to be driving while under the influence of alcohol, they could be charged with Operating a Vehicle While Intoxicated, also known as OWI or OVWI.  Operating a Vehicle While Intoxicated charges can range from misdemeanors to felonies, depending on criminal history.

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What does pro se mean?

  • Hayes Law Office,
  •   Criminal Defense
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What does pro se mean?

The term pro se is derived from the Latin language, translating to “on behalf of oneself” or “for oneself”. Pro se means to advocate or represent on one’s own behalf before a court, civil or criminal, whether plaintiff or defendant. Going into a court proceeding on one’s own behalf means that the decision was made to not hire legal representation.

Most courts will advise against the attempt to proceed in a court without legal representation. It is important to know that law, procedure, and rules that may have influence on your case can often times be extremely difficult to understand. The State of Indiana provides forms and guides for those who choose to handle a civil case pro se.

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Indiana Code 9-30-16-3 | Driver’s License Suspension Penalties 

  • Hayes Law Office,
  •   Criminal Defense
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Driver’s License Suspension Penalties 

If your Indiana Drivers License is ever suspended, there are a number of potential penalties that you may incur. This is a list of the potential drivers license penalties that you may incur. In the instance that you may need a Specialized Driving Privileges Lawyer.

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