Category Archives: Drug Crimes

The Penalties for Getting Caught With Marijuana in Indiana

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Indianapolis Drug Crime Lawyer 317-636-7514

Indianapolis Drug Crime Lawyer 317-636-7514

Although there has been a rising trend of legalizing certain forms of marijuana possession, use, and cultivation throughout the country, Indiana is not a state that has joined in with the rest. Marijuana laws are still in full-effect, which means the possession, use, and cultivation of marijuana is still very-much illegal in all senses. If you are caught breaking any drug possession laws for marijuana, you are bound to face penalties. Continue reading to learn what you can expect if you are facing marijuana possession charges in Indiana.

Indiana Marijuana Laws

Under Indiana criminal law, marijuana also includes hash and hash oil. The legal ramifications you face depend on the amount of marijuana you are caught with, and your intended use. Penalties are harsher for those who intend to sell or distribute marijuana, rather than those who only intend to use it for personal use. Then there are several enhancements that can increase the penalties you face for possession of marijuana. Common enhancements factored into drug possession penalties include priors, manufacturing, within 500 feet of school grounds or school bus, in the presence of children, dealing to minors, and more. If any of these factors are true of your crime, penalties will likely be more severe.

Under 30 Grams of Marijuana =

‣ Class A Misdemeanor
‣ Up to 1 Year in Jail
‣ Up to $5,000 in Fines

Over 30 Grams of Marijuana =

‣ Level 6 Felony
‣ Up to 3 Years in Prison
‣ Up to $10,000 in Fines

Enhancements and Conditional Discharges

Indianapolis Drug Crime Lawyer 317-636-7514

Indianapolis Drug Crime Lawyer 317-636-7514

If certain enhancements apply, including intent to sell and distribute, charges can be increased to Level 5 felonies, which are punishable by up to 8 years in prison and $10,000 in fines. If a person is caught for the first time with marijuana, they may be eligible for “conditional discharge”, which is basically a “free pass” on a marijuana charge. Upon conditional discharge, an offender is usually ordered to perform other forms of penalties, including supervised probation, random drug screening, community service, and fines.

Marijuana charges are not simple. They vary from case to case, and can be quite complex. For this reason, it is vital to hire an experienced Indianapolis criminal defense lawyer if you are facing marijuana charges in Indiana. They have the knowledge and resources necessary to protect your rights and preserve your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis IN

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing drug charges in Indiana. We work around the clock to ensure your rights are protected and your freedoms are preserved. Our criminal defense law firm offers free initial consultations to discuss the best strategies for defense. Call 317-636-7514 to schedule yours, today.

Current Law Enforcement Trends for Detecting High Driving

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Indianapolis Drug Crime Lawyer 317-636-7514

Indianapolis Drug Crime Lawyer 317-636-7514

Many states with the U.S. are moving toward some form of legalization for cannabis, or marijuana. However, Indiana is not one of those states. Driving high will render you the same legal consequences as driving drunk here in the Hoosier state. But how do cops know a person is under the influence of marijuana? Testing for alcohol is a much easier process, but law enforcement is finding new ways every day to monitor and regulate the increasing amounts of high drivers.

Driving Drunk

When is a driver is suspected of being under the influence, cops simply use a variety of tests to read gauge their level of intoxication, otherwise known as blood alcohol level (BAC). This includes breathalyzer tests, which have been used since the early 1930’s, as well as, field observation tests and blood tests. Having a blood alcohol level higher than 0.08% will get you a drunk driving charge, which is a serious criminal offense in Indiana. Sadly, the majority of fatal car crashes are alcohol-related. Regulating blood alcohol levels is easy to do, and has been for quite some time, however, the story is not so similar in terms of driving high.

Driving High

Indianapolis Drug Crime Lawyer 317-636-7514

Indianapolis Drug Crime Lawyer 317-636-7514

Currently in Indiana, there is not an accurate, roadside equivalent test for marijuana, but there is a zero tolerance policy for driving high. And although it is more difficult to test for cannabis during a routine traffic stop, it may be possible. Officers are trained to look for a wide range of visual, physical, and behavioral signals that are known indicators of intoxication. This includes impaired speech, bloodshot eyes, lack of focus, odd behavior, residual marijuana smell (or smoke), and more. They can also implement standardized field sobriety tests (horizontal gaze nystagmus, walk and turn test, one-leg stand) to gauge a person’s reflexes and agility.

There are a variety of roadside oral fluid testing devices being tested by select law enforcement departments. These devices basically swab a person’s saliva, but they are not yet proven or even approved methods of measuring THC in Indiana. In states where recreational or medicinal marijuana are legal, it is allowed to drive with a certain, pre-determined level of THC, or Tetrahydrachloride (the chemical in cannabis that appears on drug screens). For example, Colorado allows up to 4 nanograms of THC in a drivers system, legally. Anything higher is considered intoxicated driving.

Indianapolis Criminal Defense Lawyer

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing marijuana drug charges in Indiana. Our law firm works day and night to develop a strong and impactful defense for your case. We do everything in our power to protect your rights, preserve your freedoms, and obtain the fairest outcome possible for your case. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer who will fight for you.

Common Drug Crime Terminology

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Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Within the criminal justice system, there are laws at both the state and federal levels that prohibit the possession, sales, and manufacture of illegal substances. Common illegal substances include drugs like marijuana, cocaine, heroin, and methamphetamine. If you are facing criminal drug charges for possession, trafficking, or manufacturing of an illegal substance, you will soon be meeting with your attorney. And as you start building your defense, you will likely come across several terms and legal jargon that may confuse you.

Continue reading to learn some common drug crime terminology you can expect to come across during the criminal justice process.

Controlled Substance

If the use and distribution of a medication or drug is governed by law, it is classified as a controlled substance by federal and state governments. These governments categorize all the different types of controlled substances by assigning them to a certain “schedule.” The different drug schedules represent the seriousness, danger, and risk of addition of a certain drug. The most serious drugs are Level 1 substances, like Marijuana and Heroin. The least serious are Level 5 drugs, such as codeine.

Trafficking

When a person is charged with the crime of selling, delivering, or distributing a controlled substance, it is called trafficking. On the streets, it is known as drug dealing. Generally, those facing trafficking charges also face between 3 years to life in jail. However, the level of punishment will vary depending on the:

➔ Type of Drug
➔ Amount of Drug
➔ Location of Crime
➔ Criminal History
➔ Age
➔ And More

Manufacturing

Engineering, cultivating, or producing an illegal substance is called drug manufacturing. And it is highly illegal in the United States. Cultivation is the process of growing, possessing, or producing naturally-occurring elements for the purpose of making an illegal substance. Chemically-produced drugs that are developed in labs include LSD (acid), cocaine, and meth.

Possession

The most common drug crime in the United States is possession. Being in possession of an illegal substance is against the law. This means a person cannot have illegal substances anywhere on their person, including underneath clothes and inside bags and vehicles. Possession charges can get tricky since there are many loop holes in the law. It is important to have an experienced criminal defense lawyer manage your case professionally.

Diversion

Many people arrested under the influence of an illegal substance are court-ordered to attend a diversion program. Diversion programs are meant to teach people about the dangers and corruptions associated with using illegal drugs. Often times they are ordered in place of jail time. Diversion programs include drug and alcohol abuse classes, victim impact panels, community service, and more.

Indianapolis Criminal Defense

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 for reputable drug crime lawyer in Indiana. He handles a wide range of felony and misdemeanor criminal charges for both adults and minors. He also offers free initial consultations, so be sure to schedule yours today! Just call 317-636-7514 to speak with an Indianapolis criminal defense attorney you can trust.

Are Synthetic Drugs Illegal?

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Drug Crime Lawyer Indianapolis Indiana

Drug Crime Lawyer 317-636-7514

Synthetic drugs are artificial versions of well-known illegal street drugs like marijuana, cocaine, and heroin. They have gained a substantial amount of popularity over the years because they give similar highs at a lower cost. From marijuana knock-offs like Spice and K2, to synthetic versions of opiates like cocaine and heroin, artificial drugs come in a variety of forms, and are consumed by kids, teens, and adults alike. But are synthetic drugs legal? Many people are under the impression that artificial drugs are legal since they are “fake.” But these people are misinformed.

Continue reading to learn the basics surrounding the legalities of synthetic drugs so that you are better protected and prepared
for the consequences of possession and use.

Illegal in Indiana

Synthetic drugs are illegal in Indiana, as well as, most states across the country. And the laws surrounding the prosecution for possession, consumption, and distribution are highly-complex. In fact, there have been a couple recent cases where the Indiana Court of Appeals said the synthetic drug laws are unconstitutional because they are too vague and complex for a regular person to understand.

Regardless if artificial or not, in order for a person to be convicted of drug possession or trafficking, the prosecution must prove that the defendant knew the drug was an illegal substance. But this also presumes that if a substance is listed in the state’s statutes, a person should know it’s illegal. For this reason, it is complicated for the state to prosecute someone, so it is ultimately at the discretion of the Indiana Supreme Court to decide the validity of synthetic drug laws.

Although these complexities exist, it does not mean you are safe from conviction. You can still be convicted for a synthetic drug charge in Indiana. This is why it is critical to your future and your freedom to retain the services of a skilled criminal defense attorney that can challenge and scrutinize the prosecution in your synthetic drug charge case.

Indiana Criminal Defense

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 drug crimes lawyer in Indianapolis, Indiana. When you are facing drug charges in Indiana, you need a skilled criminal lawyer that will fight for your rights in order to preserve your freedoms. He is that criminal defense lawyer in Indiana you can trust when you are charged with drug possession in Indianapolis and its surrounding counties. Call 317-636-7514 for schedule a free initial consultation to discuss the best strategies for defense, today.

Getting Busted With Heroin in Indiana

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Heroin Defense Lawyer 317-636-7514

Heroin Defense Lawyer 317-636-7514

What was once only a harsh and glorified pop-star drug among the rock and roll crowds is now a popular new attraction for teens and adults alike. We are talking about heroin and opioid usage. It can start out innocently as a prescription to pain medication, or a dare to try something new, and then quickly turn into a life-shattering dependency that seems to take priority over everything and everyone else in life.

The complexities of drug addiction and usage are infinite, and unique to every individual, but when it comes to the law, it’s all across the board. Getting busted with heroin comes with some harsh penalties and consequences, as well as, some unexpected obligations. Continue reading to learn about heroin arrests and who you should talk to if you were recently charged with possession in Indiana.

Heroin Arrests

When a person is arrested for possession of heroin, or any opioid-related crime, it is critical to hire a heroin defense lawyer as soon as possible. An experienced criminal lawyer can build a strong defense against heroin charges, without passing judgement or entertaining rehabilitation. They are only there to get their clients’ charges dismissed or reduced, or obtain the best possible outcome to their case. Never be afraid to call a lawyer for help with your own criminal charges out of fear that they will judge you. This is not how they operate.

In Indiana…

All Heroin Arrests are Felony Offenses. Heroin is a Schedule 1 drug. Even possession under a few grams of heroin is a Level 6 felony. That comes with a potential penalty of 6 months to 2 1/2 years in jail, with an average of one year, as well as, fines probation, court orders, limited freedoms, and more.

Serious Heroin Charges for Trafficking and Possession Can Include Life Sentences. If a person is caught with hundreds of grams of heroin, or caught dealing equivalent amounts, they could face consecutive life sentences and spend
the rest of their natural lives in prison.

Heroin Possession Felonies Can Increase With Enhancements. If a person is arrested for one gram of heroin, they are facing a Level 6 felony, the least serious felony. But if that person was arrested near a school or park, the felony can be bumped to a Level 5 felony. There are several scenarios where enhancements apply.

Enhancements Include:

• Drug Manufacturing
• Possession of Firearm
• Children Present
• Near or On School Grounds
• Priors for Dealing
• Drug-Free Zones
• Dealing to Minors (or 3yrs’ one’s junior)
• 500 Feet of Park or School Bus

A Level 5 Felony for Heroin Possession Includes Jail Time. A person arrested with more than 6 grams of heroin faces a Level 5 felony or worse, depending on the total amount. If under 5 grams, a person can still face a Level 5 Felony or lower with enhancements. Without enhancements, standard penalties or heroin convictions look like this:

Possession Under 5 Grams:
Level 6 Felony
Min 6 Months in Jail – Max 2 ½ Years in Jail
Up to $10,000 in Fines
Probation Up to 2 ½ Years

Possession 5-10 Grams:
Level 5 Felony
Min 1 Year in Jail – Max 10 Years in Jail
Up to $10,000 in Fines
Probation Up to 8 Years

Possession 10-18 Grams:
Level 4 Felony
Min 2 Years in Jail – Max 12 Years in Jail
Up to $10,000 in Fines
Probation Up to 8 Years

Dealing Under 1 Gram:
Level 5 Felony
Min 1 Year in Jail – Max 10 Years in Jail
Up to $10,000 in Fines
Probation Up to 8 Years

Dealing 1-5 Grams:
Level 4 Felony
Min 2 Years in Jail – Max 12 Years in Jail

Dealing 5-10 Grams:
Level 3 Felony
Min 3 Years in Jail – Max 16 Years in Jail

Dealing Over 10 Grams:
Level 2 Felony
Min 10 Years in Jail – Max 30 Years in Jail

Additional Penalties for Heroin Convictions Include: community service, victim impact panels, revoked or suspended driving privileges, ignition interlock devices, ankle monitors, drug and alcohol education, addiction rehabilitation, and more.

Indianapolis Heroin Defense Lawyer

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 are facing heroin charges in Indianapolis, Indiana. Schedule a free initial consultation to discuss your arrest and charges with a seasoned lawyer you can trust. David E. Lewis, Attorney at Law, fights hard to protect his clients’ rights and preserve their freedoms. He works around the clock to obtain the fairest possible outcome for your particular case. Call 317-636-7514 to learn more about heroin criminal defense in Indiana.