State and Federal Penalties for Getting Caught With Prescription Drugs

Prescription drug offenses have become an increasing epidemic, both nationally and internationally, within the past decade. Whether a person is taking prescribed drugs without a prescription, or abusing them as a result of a dependency, Indiana does not see drug addiction and usage as a health epidemic; instead, Indiana views illegal drug use as a crime, which means there will always be a need for a tough criminal defense drug crime lawyer.

Take a look below at some of the most common penalties for prescription drug charges.

Prescription Drug Crime Lawyer 317-636-7514
Prescription Drug Crime Lawyer 317-636-7514

State and Federal Prescription Drug Penalties

The most common prescription drug offenses here in Indiana include possession, trafficking, manufacturing, and variations of all three. There are penalties for each prescription drug crime, all of which vary in severity depending on several factors, such as the type of drug, the quantity recovered by law enforcement, Indiana drug schedules, criminal priors, criminal enhancements, and more.

As for enhancements, additional ones include, but are not limited to drug manufacturing, priors for dealing, possession of firearm, caught in drug-free zones, presence of children, on school grounds or within 500 feet, dealing to a minor, on or within 500 feet of a park or school bus, dealing to someone 3 years one’s junior.

Additional penalties may be applied to sentences, including hefty fines, probation, parole, drug screening, drug and alcohol education, impact panels, community service, ankle monitors, ignition interlock devices, and more.

Here is a general guideline to state and federal penalties for the above-mentioned prescription drug crimes:

STATE:

Possession (No Enhancements):
0 Months to 1 Year in an Indiana County Jail Facility
Class A Misdemeanor

FEDERAL:

Prescription Fraud (No Priors):
Minimum of 6 Months – Average 1 Year – Max 2 ½ Years in Prison
Level 6 Felony

Prescription Fraud (With Priors):
Minimum of 1 Year – Average 3 Years – Max 6 Years in Prison
Level 5 Felony

Dealing – 1 TO 5 GRAMS:
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

Dealing – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

Dealing – UNDER 1 GRAM (With Enhancements):
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

Dealing – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

Dealing – UNDER 5 GRAMS (With Enhancements):
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

Dealing – OVER 10 GRAMS:
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Dealing – 5 TO 10 GRAMS (With Enhancements):
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Indiana Prescription Drug Lawyer

David E. Lewis Attorney at Law
David E. Lewis Attorney at Law 317-636-7514

If you want to avoid jail time and other extreme drug crime penalties for prescription drug charges in Indiana, then you need the skills and determination of a licensed criminal defense lawyer. Attorney David E. Lewis will fight to reduce criminal charges, dismiss your cases, or enter you into alternative sentencing agreement in Indiana. He fights to protect and preserve your future and good name, and stops at nothing to win a more successful result for you. Call our office today at 317-636-7514 and schedule a free initial consultation to discuss and evaluate your case.

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Can You Go to Jail for Not Paying Your Debts?

If you are fearful of going to jail because you have not been able to pay off your cable bill or keep up with your car payments, you will be relieved to learn that the United States outlawed debtors’ prisons back in the early 19th century. However, there are still instances in which an Indiana resident might face jail time or other penalties as a result of owing a debt.

Continue reading to learn more about owing a debt in Indiana, including who to trust for accurate legal advice.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

The penalties for owing an outstanding debt vary from state to state. When it comes to being locked up for your debt, it can happen, but only under particular circumstances. If you have questions about facing criminal charges for owing money to a company, creditor, or collection agency, contact a licensed criminal defense attorney for accurate answers and legal guidance.

Common Cases of Debtors’ Arrests

✧ Arrest Warrants:

The umbrella factor for being arrested as a result of an outstanding debt are arrest warrants. If a warrant is issued for your arrest, you will have to surrender to the jail and post your bond to get out.

✧ Violation of Court Orders:

Most often, debtors are arrested and taken to jail as a result of neglecting to make court-order payments. If a court orders you to do something, and you fail to do it, you can be held in contempt of court.

✧ Small Claims Court Hearings:

Another circumstance that can land a debtor in jail is missing a court date. If a small claims court hearing is scheduled, and you do not attend, the court will issue a warrant for your arrest.

Statute of Limitations for Collecting Debt

Unfortunately, many debtors are never notified that they are expected in court, and thus, don’t even know they were sued. This is how arrest warrants can come about. As for law in Indiana, if a creditor successfully sues a person, they have 10 years to collect that judgment under its statute of limitations for court judgments.

Where to Get Accurate Legal Advice

David E. Lewis Attorney at Law
David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 if you were issued an arrest warrant for a debt owed in Indiana. You can schedule a free initial consultation to discuss the best course of action for your case with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!

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Which Constitutional Rights Can Be Waived in a Criminal Sentencing Hearing?

If you are awaiting criminal sentencing, it is wise to educate yourself on the criminal justice process in order to know what to expect on this impending journey. Although your publically or privately-appointed criminal attorney will take on the majority of the legal load in building your defense, it helps to do your part by being well-informed and prepared to make the best legal decisions for yourself. One of the most important area of law to understand are your Constitutional rights, especially during your sentencing hearing.

Continue reading to learn which Constitutional rights can be waived at your upcoming criminal sentencing hearing.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Prior to pleading guilty, or not guilty, at your sentencing hearing, a judge must ensure that you fully understand certain Constitutional rights. You must know these rights so that you can make the best decision for yourself in terms of pleading guilty; because once you plead guilty, you forever waive these rights and cannot go back and undo your decision.

Here are the typical Constitutional rights you will be expected to understand prior to pleading guilty at your criminal sentencing hearing:

⚖ The right to a public and speedy trial by jury.

⚖ The right to a speedy trial by jury.

⚖ The right to not testify against yourself, or the right against self.

⚖ The right to see, hear, face, and cross–examine witnesses against you.

⚖ The right to compel people through subpoena power of the court to testify on your behalf at no expense to you.

⚖ The right for the state to prove you guilty beyond a reasonable doubt and be presumed innocent.

⚖ The right to have an attorney appointed to you at no expense to you if you qualify.

⚖ The right to appeal your sentence if convicted by the court, including challenging the sentence imposed by the court on any open term.

Where to Get Trusted Legal Counsel

Indianapolis Criminal Defense 317-636-7514

To best protect your rights and preserve your freedoms, you must have a seasoned and aggressive Indianapolis criminal defense lawyer on your side, building you an impactful and strong case so that you can avoid the maximum penalties for your criminal charges. Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation with a licensed Indiana criminal defense lawyer you can trust.

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Factors That Affect Jail Sentences

After being arrested or charged with a crime, there are handfuls of common questions that start to go through your mind. Some of the most commonly asked questions has to with jail time. Defendants want to know whether or not they have to serve time in jail, and if so, how long. If this is something that is also a concern to you as a person facing criminal charges, continue reading to learn which factors affect jail sentences.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

⚖ Nature of Charge

The first factor that will be scrutinized by the prosecution and court magistrates is the nature or severity of the crime. For those charged with violent or sexual offenses will face a stricter level of scrutiny and judgement compared to those charged with non-violent and non-sexual offenses. In Indiana, jails are very overcrowded, so most often, those charged with a misdemeanor are not sentenced to jail time. In terms of felony charges, jail time is more likely. It all depends on the nature of the crime, as well as, the other factors discussed in this blog. Felonies are divided into 7 categories in Indiana: Level 1through Level 6, and then Murder. Level 6 felony crimes are the least serious type of felony, however, they are still punishable up to 3 years in prison.

⚖ Criminal History

Another major factor considered when facing jail time is criminal history. Prosecution and judges will look to see if a defendant has a history of being a habitual offender, or if they have any current pending charges against them. If someone has committed a series of serious offenses, especially the same ones, the state will likely want to seek a jail sentence. For instance, if a person is habitually being arrested for stealing cars, they will likely be sentenced to jail after a habitual felony arrest. On the other hand, if a person has a history of drug abuse and possession offenses, they may be order to rehabilitation programs in lieu of jail time. Again, it all depends on a variety of factors.

⚖ Strength of the Case

Another leading factor in determining a jail sentence for an accused defendant is the state’s case. If the state does not have a strong enough case against a defendant for their suspected crime, it is not likely that they will have to spend any time in jail. If the state does not have a sufficient amount of evidence to prove a defendant’s guilt at trial, the defendant’s legal team will have more luck negotiating out from jail time. If the state has a lot of evidence, and thus, a strong case, they have more leverage to seek jail time. But without a strong case, they are more likely to be lenient.

⚖ Alternative Sentencing

As mentioned, the state might offer drug rehabilitation as an alternative to jail time. They may also do this for other offenses as well. Rather than jail time, the state may allow a defendant to be sentenced to alternative programs, such as substance abuse rehabilitation, community service, victim impact panels, and similar community corrections programs.

Who to Call for Legal Advice and Representation

Criminal Defense Lawyer

Call 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney, David E. Lewis, who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

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What You Need to Know About Resisting Arrest

The United States of America is one of the greatest countries on Earth because of the civil liberties and rights bestowed upon us as citizens. These protections are what separates our nation from so many others. A current hot topic regarding such protections involves discussions on police misconduct and false arrests. As citizens, we are protected against injustices like these, but that does not mean they never occur. On the other hand, even if police may be wrong in an arrest, a person should never, under any circumstances, resist.

Continue reading to learn the importance of complying with law enforcement no matter what, and who to call if you have been charged with resisting arrest in Indiana.

Resisting Arrest Lawyer 317-636-7514
Resisting Arrest Lawyer 317-636-7514

The Risk You Take On

If you counterattack arrest by law enforcement, not only will you face the original charges they are arresting you for, you will also be charged with a second crime of resisting arrest. This reason alone is enough to warn you about the risk of resisting an arrest by a police officer. If you are ever in a situation where a policeman wants to arrest you, you must let it happen and comply peacefully; otherwise, it will come back to hurt you and your case in the end, which can lead to higher fines, longer jail time, and harsher penalties.

Indiana Laws for Resisting Arrest

Indiana Code 35-44.1-3-1 defines “resisting arrest” as, “(…) when a person knowingly and intentionally: Forcibly resists or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in executing their duties; Forcibly resists or interferes with the authorized service or execution of a civil or criminal process or court order; or Flees from a law enforcement officer after the officer has identified themselves* and ordered the person to stop.” The state allows police officers to identify themselves either visibly or audibly, which also includes their police lights and sirens.

Possible Penalties

If charged with resisting arrest, convictions can range from Class A misdemeanors to a Level 2 felonies, depending on enhancements, priors, and other factors of the specific details of the crime. Furthermore, those charged face fines up to $5,000 and up to 30 years in prison; a Class A Misdemeanor is up to 1 year in jail, while a Level 2 Felony is 10 to 30 years.

Facing Charges for Resisting Arrest?

When it comes to addressing police misconduct, abuse, or false arrests, it is best done after the arrest and release from jail have taken place. Your first step to refuting or fighting a false arrest is to hire a seasoned Indiana criminal defense lawyer who can aggressively investigate your case and build a strong defense against your charges.

Indiana Criminal Defense You Can Trust

Indianapolis Criminal Defense 317-636-7514
Indianapolis Criminal Defense 317-636-7514

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

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Frequently Asked Questions About Defense Attorneys

If you are preparing to hire a criminal defense attorney, you are likely filled with a whole list of questions. After all, there are probably hundreds of defense lawyers to choose from in your town, making the task seemingly perplexing. On top of all of your choices, you also have the option of going with a public defender. So, in order to relieve some of your stress, start by reviewing some basic answers to questions others are asking about defense attorneys.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Do I Need a Criminal Defense Attorney?

Yes, if you want to avoid jail or have your charges dropped or reduced. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case.

Are All Criminal Defense Lawyers the Same?

No. There are many unqualified and inexperienced lawyers that may claim to have knowledge of a certain area of law, but not extensively enough to beat federal or state criminal charges. It is important to find an attorney that has several years of experience and that has represented cases similar to yours, successfully. Be sure the lawyer you hire is proficient in the particular area of law that your charges fall under. You wouldn’t want a divorce lawyer fighting your theft charges, would you?

Is a Defense Attorney Better Than a Public Defender?

Public defenders often work for larger firms, and do not do the investigation and research on their cases themselves. Instead, paralegals and investigators do most of the work, leaving the public defender out of the loop on details about the case circumstances. This leaves them unqualified and unequipped to effectively fight a person’s criminal charges. A criminal lawyer does all the investigative research themselves, and personally commits to every detail of the case. This is just one reason why they are the most promising choice for defense.

How Much Does it Cost to Hire a Criminal Defense Lawyer?

When your life and freedom are on the line, don’t let money get in the way. It is important to never establish your decision on a criminal attorney based on price. Some law firms charge more than others, while some charge less than they should. If the price quote seems too good to be true from a defense attorney, it may be because they are inexperienced and trying to build their practice. Choose an experienced attorney that will get you the fairest possible outcome for your case, not an attorney with a cheap retainer fee. Your future depends on it!

Where Can I Find a Skilled Defense Attorney in Indiana?

David E. Lewis Attorney at Law

Call Attorney David E. Lewis at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

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FAQS About Indiana Criminal Courts

If you are currently facing criminal charges, it is likely that you are nervously awaiting your trial hearing. And just like many other defendants facing criminal charges, you have questions and concerns about the criminal court process and the potential outcomes you face.

To give you some peace of mind, continue reading to learn some answers to the most frequently asked questions about criminal courts in Indiana. This may relieve some of the anxiety commonly experienced while awaiting your court date.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

What is the Difference Between State Court and Federal Court?

State courts are established by the state, and may include local courts as well. Local courts are usually established by individual cities, counties, townships, or other types of common municipalities. They adjudicate cases that involve crimes that break laws set and enforced by the state (also known as state laws). In contrast, federal courts are established under the United States Constitution, and adjudicate cases that involve crimes that break laws passed by Congress. See our article, “The Difference Between Federal Law and State Law” to learn more.

What is the Indiana Court of Appeals?

The Indiana Court of Appeals is the court with the power to review the judgements of lower courts and tribunals. An appeal is a post-trial request asking a higher court (i.e. Court of Appeals) to investigate whether or not the trial was conducted properly and justly. See our blog, “Information About State Felony Appeals and Criminal Defense” to learn more.

What are Circuit and District Court Systems?

District courts are subordinate courts that hold trials for federal-level criminal cases, including general litigation issues and challenges to federal laws. They also deal with sentencing and hand down penalization orders. Circuit courts are one step below the Supreme Court, which can send cases back to district or circuit court to be reviewed. They are also known as “Federal court of appeals” because they are appellate courts responsible for overseeing criminal appeals for cases arising from the district court system.

Is there Court for Juveniles and Minors?

Juvenile crimes are handled in a special court system structured just for the purpose of managing juvenile delinquency cases. This is called juvenile court, and in this system, most matters are treated as civil or family law matters rather than criminal. This generally alleviates minors of being tried under the state’s penal code for crimes. Juveniles are people who are under the age of 18 years old but older than 10 years old. They are also called minors. Common juvenile crime cases range from truancy and shoplifting, to drug possession, underage alcohol consumption, and more.

Where Can I Find a Criminal Defense Attorney for Both State and Federal Crimes?

David E. Lewis Attorney at Law
David E. Lewis Attorney at Law 317-636-7514

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense, whether on a state or federal level. Get started as soon as today!

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What You Need to Know About Indiana Protective Orders

Whether you are interested in pursuing a protective order for yourself, or on the other end of one, there are some things you need to know about the state laws surrounding such court-ordered documents. If you feel like you are in immediate danger, contact the local police station or call 911 for protection. If you are simply looking to learn more about protective orders in Indiana, continue reading.

Restraining Order Violation Lawyer Indiana
Did You Violate a Restraining Order in Indiana? Call 317-636-7514 TODAY.

What They Are

Protective orders, also known as “restraining orders”, are court-ordered documents that force an individual to keep a certain distance from the person petitioning for the order. They are often used in cases of domestic violence to protect abused spouses, as well as, cases of stalkers, extortionists, and similar threatening situations. Most restraining orders are valid for up to 60 days.

You can find details of the exact laws surrounding protective orders by reviewing the Civil Law and Procedures of Indiana Code 34-26-5-1, et seq.

Protection Order Registry

You can look up local, state and national protective orders in a database. The Indiana Supreme Court joined forces with the Indiana Criminal Justice Institute, as well as the State Police, to be approved for two federal grants in order to develop and execute a statewide Protection Order Registry (POR). Learn more about this registry, here.

Where to Get a Protective Order in Indiana

Either yourself of a member of your household can legally petition for a protective order in Indiana. In order to do so, you must go to the Circuit Court Clerk in your county of residence and fill out a petition. You may also get online assistance via a victim advocacy organization. Visit here to learn where to find advocate organizations in Indiana.

Did You Violate a Protective Order?

David E. Lewis Attorney at Law
David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced criminal defense in Indianapolis, Indiana. Our law firm offers free initial consultations to discuss the best strategies for defense against your criminal charges. Call 317-636-7514 to schedule your consultation with a trusted Indianapolis criminal lawyer, today.

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Should I Perform a Background Check on Myself?

There are several reasons to perform a background check on someone else. If you are a business manager who plans to hire new employees, you will want to review each applicant’s criminal and work history. If you are looking for potential roommates, you will want to know their criminal and credit history. If you are a landlord preparing to rent out a property to a new tenant, you will also want to know their criminal and credit report, as well as, their rental history. Even those involved in the dating scene are wise to perform a background on a person before agreeing to a first or second date.

Needless to say, there are many cases in which a background check is handy, and even necessary. But have you thought about doing a background check on yourself? You may be surprised what you find. Continue reading to learn why you should take a look at your own personal history report, as well as, where to get started.

Criminal Record Expungement Attorney 317-636-7514
Criminal Record Expungement Attorney 317-636-7514

Online Background Check Databases

Performing a background scan on yourself is beneficial for a few reasons. For one, you can see what type of information is out there about you, and if the information is accurate or not. Second, you are better prepared to answer questions about your criminal, renters, credit, and work history when you have up-to-date information on those specific records. No matter what the reason, this is YOU we’re talking about, so consider running a background check on yourself soon!

Background Check Websites and Portals

Fortunately, you are only performing this scan on yourself, so you can use just about any old site that provides such services. If you were an employer or landlord, for instance, you would have to use the services of a consumer reporting agency (CRA) for legal purposes. These sites use human intelligence rather than a computer to look up your information. The CRA sites are not free and sometimes expensive, but since you are planning to scan yourself, you can use a free online background check database site. There are numerous of these websites online, including PeekYou, The Beat, and White Pages Neighbors.

Most records are available as general public information, so you can also just visit your city’s government website and use their services, which are most likely free of charge also. Consider doing a simple Google search of yourself as well. You would be surprised which photos and content pops up about you, or someone that shares your same name!

Want to Clean Up Your Criminal Record?

If you are not proud of what you find about yourself after completing a background check, consider criminal record expungement services. If you qualify, some states allow you to expunge or conceal past criminal histories so they are not publicly accessible by employers, landlords, and more. Call reputable lawyer that is well-versed in your states criminal expungement laws, and see if criminal record expungement services are right for you!

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to learn your eligibility for Indiana criminal record expungement and restricted access. Our criminal defense law firm offers free initial consultations to do just that! That means no out-of-pocket charges to see if you qualify! And rates start as low as $850 of those who do! Call 317-636-7514 to schedule your consultation for criminal record expungement, today.

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Can I Buy Marijuana in Michigan and Bring it Home to Indiana?

Michigan has joined the various other states in their 2018 ballot initiative to legalize recreational and medical marijuana consumption. This means that Michigan residents, 21 years and older, are able to possess, transport, use, and even grow marijuana. As a bordering state to Indiana, many Hoosiers want to know if they can visit Michigan, purchase marijuana products, and then bring them home to Indiana for personal use. This is a very relevant and predictable inquiry, as marijuana laws are constantly changing around the country, every day.

Continue reading to learn what you need to know as an Indiana resident visiting Michigan.

Marijuana Possession Lawyer 317-636-7514
Marijuana Possession Lawyer 317-636-7514

Michigan Residents

Before Michigan enacted their marijuana legalization laws, possession of marijuana was a misdemeanor crime, punishable by 1 year in jail and $2000 in fines. Trafficking and cultivation rendered even more serious penalties. But in late 2018, Michigan inducted the Michigan Regulation and Taxation of Marijuana Act (MRTMA) after their ballot to legalize recreational and medical marijuana was approved by voters.

So Michigan state law now permits the consumption and possession of recreational and medical marijuana. But keep in mind that even though it is legal under state law, it is still illegal under Federal law throughout the entire country by way of the Controlled Substance Act. For Michigan residents, this means that, at any time, the state laws regarding marijuana can be overturned by Federal legislation.

Indiana Residents

Here in Indiana, marijuana is illegal across the board. And there is no talk of legalizing it anytime soon. So if you decide to visit Michigan and purchase marijuana, you CANNOT bring it back across Indiana borders. If you do, and you are caught by law enforcement, you will be prosecuted according to Indiana’s drug schedule. Read our blog, “An Introduction to Indiana Drug Schedules” to learn what this could mean in terms of penalties and repercussions.

Charged With a Marijuana Crime?

David E. Lewis Attorney at Law
David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss the best course of action for your marijuana drug charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!

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