What are Legend Drugs?

Posted on June 7, 2019 by admin

If you are on the prescription drug spectrum, whether as a medical professional, user, addict, or patient, you may have heard of the term, legend drugs. Continue reading to learn what you need to know about such drugs, including how to avoid the maximum penalties for prescription drug charges in Indiana.

Indianapolis Prescription Drug Lawyer 317-636-7514

Legend Drugs and the Law

Legend drugs, simply known better as prescription drugs, can be both controlled narcotic substances and non-narcotic drugs. They are drugs that are approved by the U.S. Food and Drug Administration (FDA) for dispersal to the public. However, both state and federal law require legend drugs to be dispensed only with a prescription from a licensed physician or other licensed provider.

Aside from medical practitioners, such drugs can be authorized by veterinarians, dentists, optometrists, and other licensed medical professionals. Nurses, medical assistants, midwives, emergency medical technicians, social workers, and even psychologists are not legally authorized to write prescriptions or disperse such drugs.

Prescription Drug Charges

Here in Indiana, it is against the law to a) forge prescriptions, b) write prescriptions as a medical professional to a patient that does not require them, c) write prescriptions as a non-authorized medical professional, possess controlled narcotics without a prescription, and sale, distribute, and transport controlled narcotics. Check out the levels of punishment for some of the most common prescription drug crimes, below. These are without enhancements and priors.

? Possession:

Class A Misdemeanor
0 Months to 1 Year in an Indiana County Jail Facility.
Probation up to 1 Year.
Fine up to $5,000 – Not including court costs and probation fees.

? Fraud:

Level 6 Felony
Minimum of 6 Months – Average 1 Year – Max 2 ½ Years in Prison.
Probation up to 2 ½ Years.
Fine up to $10,000 – Not including court costs and probation fees.

? Dealing (Less than 5 grams):

Level 4 Felony
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison.

? Dealing (5 – 10 grams):

Level 3 Felony
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison.

? Dealing (Over 10 grams):

Level 2 Felony
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison.

*Additional penalties may be applied to all of the above sentences, including drug and alcohol education, impact panels, community service, ankle monitors, ignition interlock devices, and more.

Criminal Defense for Drug Crimes in Indiana

Sadly, Indiana does not see drug addiction and usage as a health epidemic, but rather a crime, which means there will always be a need for a hard-hitting criminal defense drug crime lawyer. If you have been recently arrested for prescription drug possession or trafficking, you need an aggressive criminal defense lawyer on your side.

Indiana Criminal Defense You Can Trust

Call 317-636-7514 to schedule a consultation with aggressive Indiana prescription drug crime lawyer, 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.

State and Federal Penalties for Getting Caught With Prescription Drugs

Posted on March 19, 2019 by admin

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

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 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.

Frequently Asked Questions That Start With “Can I Get Arrested If”

Posted on June 13, 2018 by admin

When it comes to petty crimes, some people simply do not know that they are breaking the law. In other cases, people may be under the impression that certain acts are illegal when they are not. Continue reading to review some of the most frequently asked questions that begin with “Can I get arrested if”, and see what you learn and what you already know!

Indianapolis Criminal Defense 317-636-7514

Can I Get Arrested If I Give a Cop the Middle Finger?

You cannot get arrested, or even stopped, for giving a police officer the middle finger. As long as you are not simultaneously breaking the law, you are within your federal rights to flip off a cop; but that does not mean you should! After all, they are a vital line of defense for our city, and they risk their lives every day to provide our communities with a comforting and dependable level of security. Please respect our law enforcement officials.

Can I Get Arrested If I am Carrying a Knife?

Indiana established a switchblade ban in 1957, which abolished the ban on carrying switchblades. Although many states set restrictions on blade limits, and require knives to be concealed, Indiana does not have any limits or restrictions as of right now. You can legally carry a knife, concealed or not, on your belt or in your purse, so long as you are not on school property, at an airport, or in a government courthouse or building. There may be other places that restrict weapon possession, like zoos, theaters, nightclubs, and more.

Can I Get Arrested If I Spit My Gum Out?

Although Indiana may have some very archaic laws still in the books somewhere that criminalize spitting on the ground, it is very unlikely that these laws would be enforced today. But keep in mind, spitting in public is unsanitary and unbecoming, and in a worst case scenario, you can face legal trouble if your gum hits another person or their property.

Can I Get Arrested If I Litter?

States spend millions of dollars every year to keep our roads, streets, parks, and coastal areas clean. So it should not be a surprise that littering is not tolerated under Indiana law. If caught littering, a person can face hefty fines, as well as court-ordered penalties like litter cleanup or community service. Indiana Code §35-45-3-2 states that littering is a “Class B infraction punishable by a fine up to $1,000 (§34-28-5-4(b)). For littering within 100 feet of a body of water, class A infraction punishable by a fine up to $1,000.”

Can I Get Arrested If My Roommate is Using Drugs in the Home?

Although the circumstances are unique in every case, if your roommate is using, selling, or possessing illegal substances in your shared home, it is possible for you to face legal consequences too. This is true even if you are clean and sober, and had no part in the use or distribution of the drugs.

Can I Get Arrested If I am Panhandling?

In Indiana, panhandling is illegal. Under Indiana Code 35-45-17-2, it is a Class C misdemeanor, which is punishable by up to 1 year in jail, up to $5,000 in fines, and several possible court-ordered penalties (i.e. house arrest, ignition lock, probation, community service, etc.).

Can I Get Arrested If I Have Prescription Pills on Me?

In Indiana, if you are caught with prescription pills on you, and they are not in a bottle with your name and recent date, you must be able to provide proof that you are currently prescribed to them, or you will be arrested on drug charges.

Indianapolis Criminal Defense Attorneys

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 your criminal 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!

Information You Need to Know About Prescription Drug Abuse in Indiana

Posted on January 16, 2018 by admin

Prescription Drug Criminal Defense 317-636-7514

If you or someone you love is suffering from prescription drug abuse, it is important to know that there are hundreds of resources available that will help you find a path to recovery. Below you will find a list of prescription drug abuse facts that are reported by the Office of the Indiana Attorney General. Not only can these realities can give you the knowledge and inspiration you need to get help for you or your one you love, they can protect you against health complications, death, and legal trouble.

Where to Find Help

There are many resources to choose from here in Indiana that can help addicts and drug users in need. Here are some to consider:

www.drugs.indiana.edu

www.recoveryindiana.org/selfhelp.php

www.addictionnomore.com/indiana

www.freerehabcenters.org/state/indiana

www.drugfreemc.org

The Truth About Prescription Drug Use:

💊 Every 25 minutes, a person’s life ends due to a prescription drug overdose.

💊 Prescription drug abuse is more prevalent than cocaine, heroin, hallucinogens, and inhalants, combined.

💊 In the United States, it is estimated that 1 in 20 people have used prescription drugs for non-medical and recreational purposes.

💊 In most cases, prescription drug overdoses are accidental. People fall asleep under the influence, only to never wake up. Overdoses are even more common among people who mix alcohol with prescription drugs.

💊 Anyone can become a prescription drug user, regardless of age, gender, race, religion, social class, geographic region, and profession. Teachers, students, parents, college athletes, doctors, and more are just as likely to abuse prescription drugs as a repeat offenders and criminals, homeless people, teenagers, elderly, and poverty-level individuals.

💊 People assume that prescription drugs are a problem. But the real problem is the misuse or abuse of prescription drugs. This is why prescription medication education is so important. It can teach patients how to safely take and discontinue prescription medicine.

💊 An effective way to prevent theft or tampering of prescription drugs is to lock them in a cabinet or safe. It is also important to discard prescription medications properly as to not endanger others.

💊 The most commonly abused prescription drugs are antidepressants, painkillers, and stimulants. Examples of such drugs include codeine, opiates, benzodiazepines, SSRI’s, phenethylamines, and more.

💊 Prescription drug abuse and misuse is an issue that affects more than just users. It affects our health and welfare, and implicates our society socially and economically.

💊 It is common for prescription drug use to lead to more serious habits like heroin and intravenous drug use. A large percentage of heroin users claim their drug addiction started with prescription pills.

💊 Many people have developed an addition after taking doctor-prescribes medication following an injury or medical issues. Often times, they become addicted to the pills without even knowing it.

💊 Unfortunately, some doctors will over-prescribe and/or neglect to pay attention to a patient’s medicinal usage, which can lead to patients abusing or misusing their medication, and subsequently, becoming an addict.

💊 If you are facing prescription drug charges, it is important to hire an experienced Indianapolis criminal defense lawyer to protect your rights, preserve your freedoms, and help you on a path towards drug-free living.

Call David E. Lewis, Attorney at Law