Methamphetamine Possession Charge in Indiana Attorney

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.

Is Possession of Methamphetamine a Level 6 Felony?

As previously mentioned, in Indiana, a methamphetamine possession charge is generally always treated as a felony. A felony conviction can begin with probation and can easily receive a sentence of prison time and hefty fines. In the State of Indiana, possession of methamphetamine is a minimum of a Level 6 felony with a fine up to $10,000 with a 2 to 8 year prison sentence. According to IC 35-48-4-6.1 the penalties for possession of methamphetamines are as follows:
Sec. 6.1. (a) A person who, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally possesses methamphetamine

(pure or adulterated) commits possession of methamphetamine, a

Level 6 felony, except as provided in subsections (b) through (d).

(b) The offense is a Level 5 felony if:

(1) the amount of the drug involved is at least five (5) but less

than ten (10) grams; or

(2) the amount of the drug involved is less than five (5) grams

and an enhancing circumstance applies.

(c) The offense is a Level 4 felony if:

(1) the amount of the drug involved is at least ten (10) but less than twenty-eight (28) grams; or

(2) the amount of the drug involved is at least five (5) but less than ten (10) grams and an enhancing circumstance applies.

(d) The offense is a Level 3 felony if:

(1) the amount of the drug involved is at least twenty-eight (28)grams; or

(2) the amount of the drug involved is at least ten (10) but less than twenty -eight (28) grams and an enhancing circumstance applies.

Have You Been Charged with Possession of Methamphetamine? Call Hayes Law Office at 317-759-1515

Indiana state penalties can be stiff, and federal laws can be even more so. Currently, federal law requires a minimum prison sentence of 5 years for possession of any amount over 5 grams, with a maximum sentence of 40 years.

Both adults and juveniles with methamphetamine possession charges will find that that a conviction of these drug charges affect them for the rest of their entire life. Having a felony drug criminal record can prevent an individual from gaining employment, finding housing, receiving student loans and possibly other kinds of government benefits.

Every Methamphetamine Possession Case is Unique

While every methamphetamine possession case is different and unique, the penalties and repercussions of the possession of methamphetamine charges are often the same. The details of the case or reasoning often do not play into the decisions or the views of the merits of the case for prosecutors. This is where it’s important to have an top Indianapolis criminal defense attorney, Hayes Law Office at your side. Attorney Hayes will review every aspect of your case and the circumstances surrounding to help determine the best approach for your defense.

What is Methamphetamine?

Methamphetamine is also otherwise known as meth, crystal, crank, chalk, glass, speed or ice is one form of the drug methamphetamine. Crystal meth, as its more commonly known is an illegal drug in the same class as cocaine and other powerful street drugs. It is composed of pseudoephedrine, which is a decongestant and a number of other toxic ingredients like drain cleaner and battery acid. 

A Top Possession of Methamphetamine Charge in Indiana Attorney

With top methamphetamine possession charge in Indiana attorney, Philip Hayes, the outcome of your criminal case is often a great deal more favorable with a bit of leniency, with the potential to not have a drug charge haunt you for the rest of your life. Often, methamphetamine drug possession charges are the results of an addiction to the drug. Usually, meth users aren’t hardened criminals. The average meth user is someone with a severe addiction to a very dangerous drug that needs help.

A top Indiana criminal defense attorney can help you to get the help you need to overcome your drug addiction. A person suffering from an addiction to meth should not automatically be thrown in prison due to their meth addiction. They need treatment. A top rated Indiana drug possession criminal defense is often capable in helping you to receive help while helping to defend you against your drug possession charge. Give us a call today at 317-759-1515.

 

 




Do you need an Indianapolis disorderly conduct lawyer?

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.

What is a disorderly conduct criminal charge?

According to the Indiana Court of Appeals, the legal definition of disorderly conduct is when a person who recklessly, knowingly, or intentionally:

  1. Engages in fighting or in tumultuous conduct
  2. Makes unreasonable noise and continues to do so after being asked to stop
  3. Disrupts a lawful assembly of persons; commits disorderly conduct

You need to be aware that generally the type of laws allow police officers to arrest people whose public behavior is disruptive, generally offensive or whose actions interfere with the general enjoyment of public spaces by other people. Often these act as “catch all” laws that address behavior that would be considered tumultuous, severely disruptive, and possibly dangerous.

Disruptive Behavior Is the Difference

Disruptive behavior includes behavior that can readily seen such as, physical aggression, excessive argumentativeness, stealing, and other forms of defiance or a resistance to authority. Political protests have often been grouped or treated under Indiana disorderly conduct law.

Can you go to jail for disorderly conduct in Indiana?

In Indiana, if you are charged with disorderly conduct you are looking at a Class B misdemeanor. Penalties in Indiana for disorderly conduct, include a fine of up to $1,000, up to six months in jail, or both. Generally speaking however, most people that get a conviction for disorderly conduct either end up with a fine or a fine and probation. With the stakes so high with a disorderly conduct charge it makes sense for you to call a lawyer that can handle a disorderly conduct charge in Indiana.

When is disorderly conduct a felony in Indiana?

Disorderly conduct is primarily a misdemeanor in the State of Indiana, however, there are a few instances when disorderly conduct is considered a felony. In Indiana, disorderly conduct becomes a felony when it:

  1. adversely affects airport security;  and
  2. is committed in an airport (as defined in IC 8-21-1-1 ) or on the premises of an airport, including in a parking area, a maintenance bay, or an aircraft hangar.

(c) The offense described in subsection (a) is a Level 6 felony if it:

(1) is committed within five hundred (500) feet of:

(A) the location where a burial is being performed;

(B) a funeral procession, if the person described in subsection (a) knows that the funeral procession is taking place;  or

(C) a building in which:

(i) a funeral or memorial service;  or

(ii) the viewing of a deceased person; is being conducted;  and

(2) adversely affects the funeral, burial, viewing, funeral procession, or memorial service.

 

An Indiana Lawyer for Your Needs

Nearly every state has a disorderly conduct law on the books. Often disorderly conduct law includes laws such as public intoxication, disturbing the peace, loitering and so on. Indiana is no different, which is why you need an attorney that can help navigate Indiana’s disorderly conduct law that will help achieve the best outcome for your situation. Call or email us today for help.

An Indiana disorderly conduct lawyer

If you have been charged with disorderly conduct then you need a disorderly conduct attorney, contact Hayes Law Office today at 317-759-1515.

Now helping clients with disorderly conduct defense charges in:

  • Avon
  • Beech Grove
  • Boone County
  • Brownsburg
  • Carmel
  • Danville
  • Geist
  • Greenwood
  • Fishers
  • Hamilton County
  • Lawrence
  • Marion County
  • McCordsville
  • Plainfield
  • Zionsville



Entrapment

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

According to Griesemer v. State, “the government may use undercover agents to enforce the law.” Griesemer v. State, 26 N.E.3d 606 (Ind. 2015). Effectively, when a police officer acts in such a way that induces another to commit a crime they would not otherwise have committed, that is entrapment.

Entrapment as a Defense

 

Generally, entrapment is used as a defense, and it is the state’s burden to prove entrapment did not occur. In fact, entrapment,

“(a) … is a defense that:

(1) the prohibited conduct of the person was the product of a law enforcement officer, or his agent, using persuasion or other means likely to cause the person to engage in the conduct; and

(2) the person was not predisposed to commit the offense.

(b) Conduct merely affording a person an opportunity to commit the offense does not constitute entrapment.”  IC § 35-41-3-9 (Burns, Lexis Advance through the end of the Second Regular Session of the 120th General Assembly).

Essentially, this means if an undercover officer offers to purchase drugs from you, and you were already planning to sell drugs to the next person who contacted you, that is not entrapment.

 

In order to constitute entrapment, you must not have already been planning to commit the crime. If you were, using entrapment as a defense will fail.

Why is there an Entrapment Law?

The goal of this law is to protect citizens from being convicted of crimes they would not have otherwise committed but for the inducement of the action by a law enforcement officer. The central point of this law is to be certain law enforcement agents are working within their scope when arresting individuals while undercover.

If you have charges pending against you and feel the evidence used for your charge was gained only via entrapment, contact Hayes Law Office at 317-759-1515 for assistance.

 

 




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?

In Indiana, the BMV uses a point system that is connected to your driver’s license. The point value ranges from 0-10. As listed in the Indiana BMV Drivers Manual, these points stay on your license for two years, beginning on the date of your conviction.

 

How do points on my license affect me?

If you receive too many points, it could affect your license status and increase your insurance costs. The number of points on your license corresponds to a specific punishment. If you receive 20 points, for example, you will lose your license for a month. If you are convicted of any of the following offenses, “your license will be suspended…:

  • 2 major offenses resulting in death or injury:
    • Non-DUI: Suspension for 10 years.
    • DUI-related: Suspension for life.
  • 10 traffic violations or more, including 1 major violation: Suspension for 5 years.
  • 3 major violations: Suspension for 10 years.

See the Indiana Administrative Code section 1-4.5-10 to view the full list of point values and corresponding punishments.

How can I get points off of my license?

If you are looking to lower the number of points on your license, you have options.

You could first choose to wait. According to 140 Indiana Administrative Code 1-4.5-4, after 2 years from the date of conviction, the points will be removed. However, this means you need to be cautious not to not violate a traffic law again out of fear of receiving a potentially harsher punishment for the next offense.

Additionally, you are allowed to complete a Driver’s Safety Program (“DSP”). Upon the successful completion of the program, you may have four points credited to your license. It should be noted that the credit may only be applied once every three years. The Driver Safety Program Course can be taken in person or online, but remember there will be a cost associated with the course.

If you are unsure how many points are on your license, or if you need help figuring out how to reduce the number of points you have, call Hayes Law Office at 317-759-1515 for assistance.




Public Intoxication at the Indy 500. Be Careful.

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.

The purpose of this statute is to ensure all people have a safe environment to enjoy themselves without the fear of being annoyed or endangered by thousands of unruly drunk people.

The elements of this statute are very broad due to the subjective nature of words such as “annoying.” Therefore, you should plan to exercise extra caution to not bother those around you if you plan to drink while near the racetrack.

Law enforcement agents will use a “reasonableness standard” to assess your behavior. If they believe your behavior is not that of a reasonable person, in Indiana, they may charge you with public intoxication.

What happens if you a charged with public intoxication in Indiana?

If caught violating the public intoxication statute, you are likely to face a Class B misdemeanor charge.

“A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000).” IC § 35-50-3-3 (Burns, Lexis Advance through the end of the Second Regular Session of the 120th General Assembly).

If you are caught violating Indiana’s public intoxication law by a police officer at the race, you will need a criminal defense attorney. Contact Hayes Law Office at 317-759-1515 for competent and compassionate advice.




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

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.

 

What is implied consent?

Under Indiana Code § 9-30-6-1, “a person who operates a vehicle impli[citly] consents to submit to the chemical test provisions…” IC § 9-30-6-1 (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). This means if you are stopped by a police officer and are suspected of operating while intoxicated, because you operate a vehicle in Indiana, you are obligated to take a chemical test. If you refuse to submit to a chemical test, then you are in violation of Indiana’s implied consent law and could face additional charges. Additionally, a prosecutor may try to state your refusal was actually an admission of guilt.

What constitutes a refusal?

According to Burnell, “… a refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test.” Burnell v. State, 56 N.E.3d 1146, 1151 (Ind. 2016). Essentially, if a police officer reasonably believes you are capable of assenting to the test but you simply do not comply, this will be construed as a refusal to take the chemical test.

If you choose to refuse a chemical test, be advised you risk your license being suspended by the Indiana Bureau of Motor Vehicles (BMV). IC § 9-30-6-7 (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).

Do police officers need a warrant for a blood test?

Yes, in Indiana police officers must obtain a warrant from a judge before taking you to have a chemical blood test administered because of the invasive nature of the test.

If you are asked to submit to any type of OWI test, you might wonder if you really have to submit or if you can refuse in order to limit potential evidence mounting against you. In order to make this decision, you may exercise your right to contact an attorney. Call Hayes Law Office at 317-759-1515 and together we can help you decide what to do.




Indiana’s Sunday Alcohol Law Explained

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.

What does the new law say?

The law states alcohol can be purchased from liquor stores, groceries, pharmacies, and convenience stores from 12:00 p.m. (noon) until 8:00 p.m., a limited scope of time compared to the 7:00 a.m. until 3:00 a.m. time frame for Monday-Saturday, beginning on March 4, 2018.

As far as restaurants are concerned, the law made no changes to their previous policies, and alcoholic beverages can still be purchased by the glass from 7:00 a.m. until 3:00 a.m.

What about beer?

While the law has always allowed beer growlers to be filled on Sundays, so long as the beer comes from a brewery that brews on its premises, non-cold beer can now be purchased from the store on Sundays.

However, while legislation regarding non-cold beer has changed, the law on cold beer remains unchanged. A Senate bill was proposed to allow cold beer sales by grocery and convenience stores but did not move beyond the Senate. Indiana is the only state in the nation that regulates beer dependent upon temperature. While purchasing cold beer at a convenience store is still prohibited, it can be purchased in liquor stores on Sundays.

Remember, drinking and driving is still a crime, even on a Sunday. The legal limit for your Blood Alcohol Content (BAC) in Indiana is .08. If you are pulled over, breathalyzed, and exceed .08, you will be charged with a OWI (Operating While Intoxicated) under Indiana law.

If you find yourself charged with a OWI, call us at 317-759-1515 to discuss your options today!




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:

 

  • Class B misdemeanor: is a fine of not more than $1000 and imprisonment of not more than 180 days. Ind. Code § 35-50-3-3 (2018);
  • Class A misdemeanor: is a fine of not more than $5000 and imprisonment for not more than one 1 year. Ind. Code § 35-50-3-2 (2018);
  • Level 6 Felony: is a fine of not more than $10,000 and imprisonment for between 6 months and 2 and 1/2 years, with an advisory sentence of one year. Ind. Code § 35-50-2-7 (2018).

What next?

If you receive a summons or are arrested, you must appear in court. Your first appearance will be an initial hearing, where you will hear the charges against you along with your constitutional rights. Your jurisdiction might allow for pre-trial diversion or the prosecutor may be willing to accept a plea deal. The lawyers at Hayes Law Office will work with you to determine the appropriate next steps and guide you through the process.

Is Smell Probable Cause?

Edmond v. State acknowledges the smell of fresh marijuana is enough to establish probable cause for an officer to search a vehicle. 951 N.E.2d 585, 591 (Ind. Ct. App. 2011). However, only smelling marijuana does not automatically equal a potential conviction of possession, unless marijuana is actually found on the person. (Id. at 592). If an officer smells marijuana, there is probable cause for the officer to begin a search of you and your property.

What is Constructive Possession?

If no proof of actual possession of marijuana exists, the State can still charge you with constructive possession. Under Lampkins v. State, a person constructively possesses marijuana when the person intends to, and has the ability to, maintain “dominion and control” over the drug. 682 N.E.2d 1268, 1275 (Ind.) modified on reh’g 685 N.E.2d 698 (Ind. 1997). This means if you are close to marijuana that is in plain view, a court will impute intent to possess marijuana.

Will the State be fair during my case?

According to Boyd v. State, “the interpretation of a statute is a question of law reserved for the courts.” 889 N.E.2d at 324. This means if your case does not fit exactly into the statute, the courts will hear your case and interpret the statute as needed. It is the State’s burden to present sufficient evidence to convict a person of possession of marijuana. If you are dealing with any type of marijuana possession issues, you need a criminal defense attorney. At Hayes Law Office, we are experienced in drug offenses and can offer you adequate representation in court. Call us at (317) 759-1515 to discuss your case.

 




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).

 

However, if an “enhancing circumstance applies,” a possession charge would increase to a Level 6 felony. Id. Below are examples of drugs falling in schedules I-IV.

  • Schedule I: heroin, marijuana, ecstasy
  • Schedule II: cocaine, Adderall, methadone
  • Schedule III: anabolic steroids, ketamine
  • Schedule IV: Xanax, Valium, Tramadol
  • Schedule V: Lyrica, Lotomil

In. gov. (2018). ISDH: Drug Schedules 1-5 [online] Available at: https://www.in.gov/isdh/27380.htm

Penalties for Possession of a Controlled Substance

The potential penalties for possession of a controlled substance are either a Class A misdemeanor or a Level 6 felony.

“A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).”  IC § 35-50-3-2 (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).

Additionally, if an enhancing circumstance applies, which might include possession on school property or having a prior conviction, one may be convicted of a Level 6 felony.

The penalty for a Level 6 felony is “imprison[ment] for a fixed term of between six (6) months and two and one-half (2 1/2) years, with the advisory sentence being one (1) year. In addition, the person may be fined not more than ten thousand dollars ($10,000).”  IC § 35-50-2-7 (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).

What if I’m in a Car while in possession of a controlled substance?

In Garcia v. State, , the court held an open pill container laying in plain sight in a car amounts to the necessary probable cause needed to search a person without a warrant so long as he is already lawfully stopped by a Police Officer for another purpose. Garcia v. State, 47 N.E.3d 1196 (Ind. 2016) citing U.S. v. Robinson, 414 U.S. 218, 94 S. Ct. 467, 38 L. Ed. 2d 427 (1973).

This means you could be charged with possession if you have non-prescribed controlled substances in your car, even if you were initially just pulled over for speeding.

If you find yourself faced with a charge of possession of a controlled substance, contact Hayes Law Office at (317) 759-1515 to discuss your options.