We handle all Indiana felony and misdemeanors throughout the State of Indiana. When it comes to defending against criminal charges anywhere in Indiana; all cases are important. Whether it is a misdemeanor or felony you or a loved one is dealing with, all cases deserve the same personal representation and attention to detail. As an Indiana Criminal Defense Attorney, a large part of my legal practice deals with the proper application of Indiana criminal laws to my client’s best advantage. Whether your case involves any crime under Indiana drug laws, a theft or shoplifting crime in Indiana, a disorderly accusation such as Resisting Arrest, Criminal Mischief/Recklessness, Battery, Disorderly Conduct, or any other type of felony or misdemeanor in Indiana, we know how to defend you.
This page focuses on drug and alcohol offenses in Indiana. In a large percentage of cases in one way or another, drugs or alcohol become a focus of a criminal investigation. For example, it is following traffic stops where a large number of drug & alcohol prosecutions develop. In other criminal cases such as disorderly conduct, battery or theft cases, drugs or alcohol often are a contributing cause to the criminal conduct alleged. In other circumstances my clients may not presently be charged but under investigation. It is not uncommon for me to assist in shielding one from a drug prosecution who lives in another state or country. However my clients have found me, in my capacity as an Indiana criminal attorney, I represent both adults and juveniles wherever they may be who have been accused of all drug or alcohol related offenses within the State of Indiana.
For minor drug or alcohol offenses, (first offense Possession of Marijuana, Public Intoxication, Juvenile/ Under 18 Illegal Possession/Consumption of Alcohol, Disorderly Conduct), there may be valuable options available to the experienced Indiana criminal defense attorney. In such cases all efforts must be made not only to eliminate the prospect of criminal punishment but to seek dismissal of the charges. For one who has never been arrested all efforts must be expended by the criminal lawyer in Indiana to provide such individuals the second chance that Indiana drug laws and alcohol provisions can allow if the lawyer knows where to look.
If Charged With an Indiana Drug or Alcohol Offense Anywhere in Indiana, We Know How To Help You.
Within the Indiana code exist valuable statutes to employ in these cases to protect the future prospects of a young adult or child or an otherwise law abiding citizen caught up in a possession of marijuana prosecution or minor alcohol offense. Whether the terminology is called “an agreement to withold prosecution” or “conditional discharge” it is the obligation of your Indiana criminal defense lawyer to otherwise educate the prosecution and/or judge as to these sentencing options that can keep a criminal conviction off of the client’s record. In my experience as a criminal attorney in Indiana I have often been surprised at how inexperienced some Indiana criminal attorneys and prosecutors are in utlizing these provisions of the Indiana code to a client’s significant benefit.
In taking advantage of the these Indiana drug laws and alcohol crime statutes that can dismiss Indiana marijuana and/or alcohol offenses without the risk of trial, your Indiana criminal defense attorney will be in position to preserve one’s employment, driver’s license (minimum 180 day license suspension in Indiana if connection between drug possession/usage and operation of a motor vehicle) and or potential educational scholarships that may otherwise have been lost.
How a more serious Indiana drug laws prosecution proceeds (Dealing/Possession of Controlled Substance, Prescription Fraud, Dealing/Possession of Marijuana with Prior Conviction(s)) is often dependant on several factors; 1.) What county in Indiana is the case being prosecuted in? 2.) Will the Indiana drug laws prosecution be filed in state or federal court? 3.) At what stage of the prosecution have I been retained to represent the person(s) accused? 4.) Does the prosecution and/or police need or want my client’s testimony against other co defendants or uncharged suspects?
Where a client is under investigation for a violation of drug laws in Indiana, all steps must be aggresively pursued by an Indiana criminal defense attorney to steer such a case away from the federal court system. Under federal drug laws, what are called “mandatory minimum sentencing” apply mandating prison time for certain drug crimes. Had these same cases be filed in Indiana state court, the Indiana criminal defense lawyer could potentially eliminate incarceration altogether depending upon the client’s criminal history. For example, one who mails and/or crosses state lines with the intent to distribute marijuana subjects themselves to possible mandatory imprisonment within federal court, even if no prior criminal history. The same circumstances in state court would allow your Indiana criminal defense attorney to employ indiana drug laws to potentially suspend the potential for incarceration.
Where many types of drug prosecutions have been decreasing over the years, an emerging focus of Indiana prosecutors statewide is on the prosecution of Prescription Drug Offenses and the Forgery and/or Deception in obtaining such drugs. Prosecutors and law enforcement value such prosecutions for they often target professionals (doctors, nurses, pharmacists, lawyers, paralegals, etc.) who otherwise would never expect to be the focus of the criminal justice system. Unlike prosecutions directed at the hopeless addict, these prosecutions allow law enforcement potential media attention and the notion that they are being tough across the board on all citizens.
Whether investigated or prosecuted, whether in state or federal court, whether a criminal history or not, one answer is clear; if being investigated or charged with a crime under Indiana drug laws you must contact the Indiana criminal defense attorney as soon as possible. In doing so, you will be in the best position to preserve your legal rights, to shape where such a case can potentially be filed and to safeguard favorable options that could otherwise be lost.
Brief Summary of Indiana Drug & Alcohol Laws
Possession of Marijuana (Under 30 Grams) : Class A Misdemeanor: Zero to Maximum penalty of 365 days in jail. Fine up to five thousand dollars. If operation of vehicle involved with the possession, mandatory minimum one hundred eight day license suspension.
Possession/(Over 30 Grams), Possession With a Prior Marijuana Conviction, Dealing Marijuana, Prescription Fraud, Cocaine (Under 3 Grams): Class D Felony: Six months minimum jail time up to three years in the Indiana Department of Correction. If have not been released from probation or parole within three years for a prior felony conviction, minimum time in jail can be suspended. Fine up to Ten Thousand dollars.
Possession of Marijuana Ten lbs or More, Dealing on School Bus or Within 1,000 feet of public park, family housing complex, youth program center, Possession of Controlled Substance: Class C Felony : Two years to eight years in the Indiana Department of Correction. If have not been released from probation or parole for a prior felony conviction within seven years the minimum two year sentence can be suspended. Fine up to Ten Thousand Dollars.
Dealing/Possession Intent to Distribute Controlled Substance, Methamphetamine: Class B Felony: Six to twenty years in the Indiana Department of Correction. Up to ten thousand dollar fine. Sentence is non suspendible if any prior felony conviction. Charges within this section increase to an A Felony ( twenty to fifty years in prison) based upon weight or if distribution occurs on school bus or within within one thousand feet of areas enompassing school zone, family housing complex, youth activity center.
Public Intoxication, Minor in Possession of Alcohol, Minor Illegal Consumption of Alcohol: Class B Misdemeanor: Zero to One Hundred Eighty Days in county jail. Fine up to one thousand dollars.
Operating Motor Vehicle While Intoxicated: Please Review Hompeage
* Please know the above referenced information is intended to provide you with a brief outline of select Indiana drug & alcohol offenses most commonly prosecuted. As there are many more drug and/or alcohol offenses within the Indiana Code, please feel free to call me at any time to discuss your particuliar case, and any additional laws or penalties that could apply.