4 Reasons to Fire Your Lawyer and Hire a New One

Posted on December 11, 2020 by admin

There are thousands of reasons why a client may want to fire their current lawyer and hire a new one. Of these countless reasons, there are 4 in particular that may indicate you are being poorly represented. Continue reading to learn what to examine when deciding whether or not your lawyer is meeting your legal needs.

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Thinking About Dropping Your Lawyer? Here are 4 Good Reasons You Should:

❶ Your Lawyer is Unprofessional.

There are many signs that indicate a lack of professionalism, from being on time and neatly dressed, to behaving in a respectful and dignified manner. More importantly, if your lawyer is seemingly disorganized, not properly preparing for court hearings, wasting time in meetings, mishandling your funds, losing important documents, and similar behaviors, it may be time to end that relationship and move onto more professional representation.

❷ Your Lawyer Does Not Communicate.

Communication is the key factor between an attorney and their client. Without proper communication, it is very challenging to resolve matters and issues. If your lawyer is not returning your repeated phone calls and emails, or ignoring your questions and requests, it could be a cause for concern. When you feel like you are working too hard to get in touch, or begging for information, your lawyer may not the best fit for your case.

❸ Your Lawyer Lacks Sufficient Knowledge of the Law

If it seems like your lawyer does not understand your case, or is having trouble grasping the laws surrounding your case, it is never a good sign. Experience and expertise are top qualities to look for in an attorney; after all, you have hired them because they know the law and you do not. Whether your lawyer is deviating outside of his actual area of expertise, or they are simply fresh out of law school, your best move is to find a seasoned Indianapolis attorney to represent your case.

❹ You Have Opposing Views on How to Handle Your Case

There are many ways you and your lawyer might disagree on how to handle your case. Although there is nothing out of the ordinary for a lawyer to encourage a client to settle for less than they actually want (or lower than originally thought possible), if your lawyer is trying to force you into a plea deal, this is a bad sign. Your lawyer’s job is to constantly reassess your case and recommend options that are in your best interest. If this is not happening, you may need to find a new lawyer.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indianapolis criminal defense lawyer. Attorney David E. Lewis will stop at nothing to ensure you are not sentenced to the maximum penalties when facing any level or number of criminal charges. With decades of hands-on experience, you can trust our law firm to build you a strong and impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Is Weed Legal in Indiana?

Posted on November 11, 2020 by admin

With so many other states in the country making or having made specific amendments to legalize or decriminalize cannabis, it is no surprise that many United States civilians are having trouble keeping track of which states are on board and which are not. This is especially the case with the recent elections taking place. Continue below to learn the current weed laws in Indiana, and what you need to do if you are facing charges for marijuana right now.

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Weed is Not Legal in Indiana

Although states like Colorado, Illinois, Arizona, and even Washington have passed laws that allow medical marijuana, or legalized and decriminalized weed in some way, Indiana is not there yet. In Indiana, weed is illegal. In Marion County, on the state level, marijuana crimes have been decriminalized in some way, but that does not mean it is decriminalized on a federal level. Federal law always trumps state law in the case of question. And as for cannabis, it is illegal under federal law by way of the Controlled Substance Act.

Here in Indiana, marijuana possession under 30 grams is a Class A Misdemeanor, which is the most serious misdemeanor level. It is punishable by up to one year in jail, and up to $5,000 in fines. For crimes of marijuana sales, cultivation (growing), and trafficking, the charges jump to a federal level, and the penalties are much harsher.

Indiana Code 35-48-2-1, et seq.; 35-48-4-10, 11 – Marijuana Possession and Sales

⚖► Possession Under 30 Grams – Class A Misdemeanor; Up to 1 Year in Jail; Up to $5,000 in Fines

⚖► Possession Over 30 Grams – Level 6 Felony; ½ to 2 ½ Years in Jail. Up to $10,000 in fines.

⚖► Sales 3o Grams to 10 Pounds– Level 6 Felony; ½ to 2 ½ Years in Jail. Up to $10,000 in fines.

⚖► Sales 10 Pounds or More – Level 5 Felony; 1 to 6 Years in Jail; Up to $10,000 in fines.

Were You Arrested for Marijuana Possession in Indianapolis?

If you were recently arrested for a marijuana crime in Indianapolis, your most critical priority is to hire an aggressive criminal defense lawyer to fight your charges, and avoid conviction. Choose a skilled and experienced criminal attorney who specializes in Indiana marijuana drug crimes.

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer who will stop at nothing to protect your rights and preserve your freedoms. We understand just how unsettling a marijuana charge can be for our clients. We know drug crimes immediately affect several aspects of a person’s life, as well as their families.

Whether arrested for recreational possession or large-scale trafficking, we provide our clients with the most effective legal strategies and options in order to best resolve their legal issues and protect their freedoms. Case dismissals, reductions, and alternative sentencing agreements for marijuana charges are absolutely possible when you call David E. Lewis, Attorney at Law.

FAQS About Felonies, Misdemeanors, and Infractions

Posted on June 24, 2020 by admin

Whether on a state or federal level, all crimes fall under one of three categories of offenses. Each category differs in severity of crime, level of punishments, and much more. We are talking about felonies, misdemeanors, and infractions. Regardless of the particular legal matter you are facing at the moment, it is in your best interest to educate yourself on what your charges mean, and what’s at stake in terms of your freedom.

Continue below to review some of the most frequently asked questions and answers about these 3 categories of offenses, and what you should do if you were just arrested for a crime.

Indianapolis Criminal Defense Law Firm 317-636-7514

What is a Felony?

A felony is any crime on a federal level that is punishable by more than 1 year in jail, and up to $10,000 in fines, but can also include a long list of additional penalties. Level 6 felonies are the least serious of all felonies, while Level 1 and 2 felonies are the most serious of felonies, with the exception of murder, which tops the list of serious offenses and sits in its own category.

What is a Misdemeanor?

A misdemeanor is a step down from a felony in terms of seriousness, but nonetheless, still very serious. They are state-level crimes that are divided into three “classes”, from most serious to least serious: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. Misdemeanors are punishable by up to $10,000 in fines, and up to 1 year, so those convicted will not be sentenced to longer than 12 months in jail.

What is an Infraction?

Infractions are the lowest level of crimes among the three categories. Therefore, they are the least serious and come with less severe penalties. Most often, infractions are penalized in the form of fines, which can range in price depending on several factors, mainly the subject matter of the offense. Examples of common infractions including parking and speeding tickets. In some states, infractions are not even adjudicated in criminal court, and instead, considered a civil matter.

What is a Wobbler?

A wobbler is an offense that is on the border of two categories of crimes. For instance, a Class C misdemeanor can wobble on the border of an infraction, and often times, is reduced to such. The same applies to Level 6 felonies, which can be reduced to a Class A misdemeanor, therefore, making it a “wobbler,”

Do I Need a Lawyer for an Infraction?

Often times, infractions can simply be paid off at the courthouse or local county clerks’ office. For this reason, there is usually not a need for professional counsel. Unless you are facing several infractions at once, or your infractions are false accusations, you likely do not need to hire a lawyer. You can, however, still seek out professional advice from a lawyer before managing your infractions.

What are the Penalties for a Felony Conviction?

Level 1 and 2 levels are punishable by up to 30 years or more, depending on the variables of the offense. Level 6 felonies are punishable by up to 3 years in prison and up to $10,000 in fines. Additional penalties include parole, probation, community service, rehabilitation, community victim panels, and more.

What are the Penalties for a Misdemeanor Conviction?

Misdemeanors are punishable by up to 1 year in county jail and up to $10,000 in fines. They are commonly ordered with additional penalties, including probation, community service, restitution, victim impact panels, rehab, drug and alcohol classes, and more.

Where to Get Trusted Criminal Defense in Indianapolis, Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense lawyer 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 Indiana criminal charges.

Brief Explanation of Indiana Gun Laws

Posted on June 10, 2020 by admin

When the topic of gun ownership comes up, everyone’s primary concern is safety, whether a gun owner or part of the general public. Indiana, like all other states, use a system of laws and regulations that consider both public safety and gun ownership. However, some state laws overlap or contradict federal law. In these cases, one’s rights can be confusing.

Continue below to learn the basics surrounding Indiana gun laws, and better protect yourself from self-incrimination and accidents.

Indianapolis Firearm Crime Lawyer 317-636-7514

State Gun Control Laws

As mentioned, the purpose of our state’s gun control laws is to protect the general public, while also honoring civil rights. These laws regulate all sales, registration, and use of firearms, which include a wide array of guns. Under Indiana gun controls laws, certain firearms are illegal, including sawed-off shotguns, silencers, machine guns, and armor-piercing ammunition.

As far as requirements go to be a gun owner, Indiana does not have any laws that impose a waiting period. One does, however, have to meet certain, specific criteria to be approved to purchase a gun. Buyers are required to fill out a detailed survey, as well as a consent form for a background check. Once the data comes back, and a buyer is approved, they can complete the transaction for their new firearm.

When it comes to the criteria used to evaluate a gun buyer’s eligibility, there are come individuals who are automatically ineligible to purchase a firearm in Indiana. Such individuals include convicted felons, known drug or alcohol abusers, those who are mentally incompetent, and those who have been convicted of a crime that involved the inability to safely handle a gun. Minors under the age of 18 without a parent or guardian to sign for them cannot purchase a firearm either.

Federal Gun Control Laws

In addition to Indiana gun control laws, individuals must also adhere to all federal statutes surrounding the purchase and use of firearms. It is important to know these laws since they always trump state law in court in the case that they contradict each other. Although the 2^nd Amendment gives United State citizens the right to bear arms, the federal government has the discretion to place certain restrictions on gun procurement and ownership, as supported in the Brady Handgun Violence Prevention Act and the National Firearms Act. See our blog, “What is the Brady Bill and How Does it Relate to Gun Control?” to learn more. Some laws are the same for both state and federal. For instance, you cannot carry or have a firearm on or near school grounds (§ 35-47-9-20).

Gun laws are complex on many levels, which is why it is important to handle a firearm-related criminal charge aggressively. Do this by always taking advantage of your right to hire an attorney. Never waive your right to counsel.

Choose an Indiana Criminal Defense Lawyer Who Will Fight For Your Rights

Call 317-636-7514 to discuss your issues with your current legal representation with David E. Lewis, Attorney at Law. He is an aggressive and experienced Indianapolis criminal defense attorney 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 help you through the process of changing lawyers, and then build you a stronger and more impactful defense against your Indiana criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Will I Get Probation for a Misdemeanor Conviction?

Posted on June 5, 2020 by admin

Crimes are not all alike. Although morally wrong, crimes range in severity from minor infractions to major ones. This is why the law breaks down crimes into two categories: felonies and misdemeanors. Anyone convicted of a misdemeanor crime is called a misdemeanant, whereas anyone convicted of a felony is called a felon. Felonies are the worse of the two, including major crimes like murder, forgery, tax evasion, robbery, auto theft, and repeat offenses.

Misdemeanors on the other hand are less severe than felonies, but still carry a cumbersome load of consequences and legal penalties. This is why it is vital to retain the service of an experienced criminal lawyer for the best chance at reducing or dismissing misdemeanor charges in the case that you are ever charged with a crime. Often times, and especially for first-time offenders, lawyers can get lesser felony crimes reduced to misdemeanors. One of the most common penalties for misdemeanor crimes is probation.

Continue reading to learn the basics surrounding misdemeanor crimes and probation, and who to turn to if facing such charges.

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Misdemeanor Classes

Misdemeanor offenses are crimes that are punishable by up to one year in jail. There are three “classes” of misdemeanor crimes. Depending on the state you live, these can include a series of letters or numbers. In states that classify misdemeanors with letters, they generally range from “A” to “C”, with Class C misdemeanors being the least serious and Class A being the most serious. In states that use numbers to classify their misdemeanors, they generally range from Class 1 to 4, with four being the least serious.

Misdemeanor Penalties

Even though misdemeanors are less serious, but still come with notable penalties. A misdemeanant (person convicted of a misdemeanor) can expect to pay fines, complete a certain amount of community service hours, serve probation, and possibly pay restitution. The combination or extent of penalties largely depends on the defendant’s criminal history, the particular crimes they are convicted of, and the strength of their legal defense. Probation is generally between 3 months and one year for misdemeanants.

Misdemeanor Probation

Terms of probation can include, but is not limited to, regular drug screening, monthly meetings with a probation officer, mandatory employment, refraining from committing any more crimes, and more. Breaking the terms of probation results in a probation violation, which in turn, carries a whole other set of penalties, including extension of probation and even possible jail time. It is critical to the sake of your freedom and your rights to obtain the services of a licensed criminal lawyer if ever charged with a crime of any level.

Where to Find a Skilled Defense Lawyer in Indianapolis, Indiana

If you do not already have a licensed Indianapolis criminal defense lawyer working on your misdemeanor crimes case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Federal or Indiana criminal charges so that you have a chance at avoiding the maximum penalties for your alleged crimes. Our esteemed criminal defense law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

What is the Indiana Implied Consent Law?

Posted on May 27, 2020 by admin

When a driver is arrested for a drunk driving offense in Indiana, the most important piece of evidence law enforcement can collect at the scene is the driver’s blood alcohol level, or BAC. This simple, numeric figure is vital to the prosecution, as it is their primary tool to prove that a defendant was operating a vehicle under the influence of alcohol, and over the legal limit at the time of their arrest.

The legal BAC limit in Indiana is 0.07%, so a person who operated a vehicle at a BAC higher than this percentage is subject to drunk driving criminal charges and subsequent penalties. Many drivers feel confident that they can simply refuse a chemical breathalyzer test in order to avoid giving BAC evidence to police. However, Indiana has an implied consent law, which places certain legal obligations on licensed drivers.

Continue reading to learn more about the Indiana Implied Consent law, and what you need to know about protecting yourself after being charged with a DUI in Indianapolis or its surrounding areas.

Indianapolis Drunk Driving Attorney 317-636-7514

Indiana Implied Consent Law

The Indiana Implied Consent law is pretty straightforward, and therefore, easy to understand. You see, as a licensed Indiana driver, you automatically agree to a legal obligation called “implied consent.” So, this means that it is against the law to refuse chemical testing by law enforcement when under the suspicion of drunk driving. In addition to breathalyzers, law enforcement might use other types of testing, such as blood testing, urine testing, and field sobriety tests.

If you do refuse to take a chemical breathalyzer test, you are automatically, without adjudication, penalized. Refusal to submit to alcohol testing is an offense that results in an automatic 1 year drivers’ license suspension, effective immediately at the time of arrest, and then will also subject them to SR22 high risk auto insurance for 3 years after the arrest. This happens whether a person is guilty or not of intoxicated driving.

How to Deal With DUI Charges

If you were recently arrested for a DUI in Indianapolis or its surrounding counties, your first priority should be to retain the services of a licensed criminal defense attorney who specializes in drunk and drugged driving cases. From there, your next priority is to continue going to work and obeying the law. If you fail to hire a skilled drunk driving lawyer to protect your rights and preserve your freedoms, you will risk being sentenced to the maximum penalties for your charges.

Get Aggressive and Skilled DUI Criminal Defense in Indianapolis

Call David E. Lewis, Attorney at Law at 317-636-7514 if you have been charged with a DUI misdemeanor or DUI felony in Indianapolis, Indiana or within its surrounding counties. Attorney David E. Lewis is here to ensure your rights are protected and you avoid jail time. Our law firm offers free initial consultations to discuss the best course of action for your DUI defense. Contact our Indianapolis criminal law firm today to get started.

Indiana Incarceration Times for Misdemeanor and Felony Convictions

Posted on May 5, 2020 by admin

Your first priority after being charged with a crime is to contact a lawyer and schedule a consultation to discuss your case and learn your rights. This consultation will also help you understand how to protect yourself during the criminal law process. Additionally, your next priority, aside from obeying the law, is to learn as much as you can about your potential charges. Some criminal convictions come with a sentence of jail time, while others do not.

Continue reading to learn what the current incarceration schedule is for all misdemeanor and felony convictions.

Factors that Impact the Probability of Incarceration

There are several factors that determine whether or not an offender will be sentenced to jail time after being convicted of a crime. The most impactful factors are the severity of the crime, the offender’s criminal history, and whether or not the offender is a threat to themselves or the surrounding community. See our blog, “Factors That Affect Jail Sentences” to learn more about what might influence a judge or jury to recommend incarceration. These same factors, and more, will also influence the type of jail or prison an offender will be sent to, following a conviction of incarceration.

Incarceration Sentencing Statutes for Indiana

Murder → 45 Years in Jail – Death

Level 1 Felony → 20 – 40 Years in Jail

Level 2 Felony → 10 – 30 Years in Jail

Level 3 Felony → 3-16 Years in Jail

Level 4 Felony → 2 – 12 Years in Jail

Level 5 Felony → 1 – 6 Years in Jail

Level 6 Felony → 6 Months – 2.5 Years

Class A Misdemeanor → 0 – 1 Year in Jail

Class B Misdemeanor → 0 – 3 Years in Jail

Class C Misdemeanor → 0 – 30 Days in Jail

If you were just charged with a crime, take comfort in the knowing that there is a skilled criminal defense attorney nearby, ready to fight for your rights!

Where to Get Legal Advice For Your Indiana Criminal Charges

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis regarding your felony crimes. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. 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.

Will I Go to Jail for Underage Drinking?

Posted on February 26, 2020 by admin

After you turn 18 years old in the United States, you are legally an adult. However, even though you are deemed an adult in the eyes of the law, you are still in fact, a minor, which means you are also still restricted from partaking in certain activities, primarily consuming alcohol. Currently, the legal drinking age is 21 years old, which means that anyone under the age of 21 years old is subject to arrest and underage drinking charges if caught by authorities. As a result of being caught intoxicated or in possession of alcohol while under the legal drinking age, many types of penalties can ensue; one of which could be jail time.

Continue reading to learn how Indiana law penalizes underage drinking, and what you can do to ensure you avoid the maximum sentence for your underage drinking charge.

Indiana Underage Drinking Lawyer 317-636-7514

Indiana Underage Drinking Laws

You must be 21 years old to legally consume or purchase alcoholic beverages in Indiana, and virtually all other states. If caught in possession of, under the influence of, or consuming alcoholic beverages as a minor adult, the law has a set schedule on how you are to be penalized.

Although judges have the discretion to modify the ultimate sentence handed down for underage drinking as they see fit, the basic statute for possessing, consuming, or transporting alcohol as an underage adult is a Class C Misdemeanor.

In Indiana, a Class C Misdemeanor is punishable by 0 to 60 days in jail, up to $500 in fines (§ 7.1-5-7-7). Fines do not include court costs, filing fees, nor attorney fees.

Potential Penalties for Underage Drinking:

⚠ Driver’s License Suspension – 0 to 12 Months
⚠ Alcohol Treatment Program
⚠ Community Service

How to Prepare for Underage Drinking Charges

If you were recently arrested for underage drinking, and you are 18 years old or older, you need to retain private legal counsel as soon as possible. Licensed criminal defense attorneys can build you a strong and impactful defense that will protect your rights and preserve your freedoms. Mostly, they can keep you out of jail. Just be sure to choose the right lawyer for your Indiana underage drinking charges, as it takes a motivated and aggressive attorney to fight your case.

Trust Indianapolis Criminal Attorney, David E. Lewis

Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful criminal defense against your Indiana underage drinking charges so that you have a chance at avoiding the maximum penalties for your suspected underage drinking. Our Indianapolis criminal defense law firm offers free initial consultations, so there are no out-of-pocket obligations to you.

How Long Will I Go to Jail for Oxycodone Possession?

Posted on February 11, 2020 by admin

Oxycodone is a serious drug. Known as an opioid, it is used mostly as a base substance to make a large number of powerful pain medications, such as Oxycontin, which is just a time-release version of oxycodone. Oxy is meant to be used solely for treating severe and chronic pain in patients with extensive injuries, or debilitating illnesses that cause life-long pain. It is highly regulated and only available (and legal) through prescription by a licensed physician.

That is because oxycodone is highly addictive and can quickly lead to dependence, and therefore, abuse. The problem with non-medically supervised, illegal oxy use is the very serious and real risk of death. You see, oxy medications cause respiratory distress, and in many cases, leads to death when taken in large or continuing doses. The risk of death is even more likely when oxy meds are also taken with other narcotics, especially alcohol.

For these reasons, being caught in possession of oxycodone without a valid prescription can land you in a lot of trouble. Continue reading to see how Indiana statute penalizes those arrested and charged with oxycodone possession.

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Possession of a Controlled Substance

Here in Indiana, those caught with oxycodone without a legal prescription have committed the crime of possession of a controlled substance. Indiana Code 35-48-4-7 clearly states: “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 a controlled substance (pure or adulterated) classified in schedule I, II, III, or IV, except marijuana, hashish, salvia, or a synthetic cannabinoid, commits possession of a controlled substance (…).”

Indiana Drug Schedules

In Indiana, a classification system is used to categorize and define all drugs and controlled substances according to their abuse potential and addictive nature. These classifications are called “schedules”, and were developed by Federal government and Indiana legislature. They range in number, from 1 to 5, and can also be influenced by other factors, including the level of acceptance for medical treatment, physical dependence, and psychological dependence.

Oxycodone is a Schedule II drug. Schedule two drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. A drug can be classified as a Schedule II if it has high abuse potential, is either medically accepted or has severe medical restrictions, and causes physical and psychological dependence. Other Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, methadone, and more.

Penalties for Schedule II Drug Possession

Possession of a Schedule II drug is a Class A Misdemeanor, which is punishable by:

? O – 1 Year in Jail
? O – 1 Year of Probation
? Fine Up to $5,000

After being charged with possession of drugs, it is important to start learning what you are up against. Such charges can cause an instant ripple effect in your life. On top of the immediate damage to your reputation and hefty fines, drug possession charges can lead to loss of employment, driving privileges, child custody, financial aid benefits, housing, and much more. Most importantly, you can lose your freedom. For this reason, it is critical to have an aggressive defense attorney behind you all the way.

Trust an Experienced Indiana Drug Possession Lawyer

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana drug crime charges, today. Whether charged with possession, dealing, or prescription fraud, our Indianapolis criminal defense 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!

Marion County Grants Legal Leniency for Minor Marijuana Offenses

Posted on October 1, 2019 by admin

A BIG announcement was made yesterday by the Marion County Prosecutor’s Office regarding simple marijuana cases. Continue reading to learn more about the legendary changes made to the Marion County laws surrounding minor marijuana possession and consumption.

Indianapolis Marijuana Lawyer 317-636-7514

Standard Marijuana Penalties in Indiana

Traditionally, anyone who is caught in possession of, using, distributing, selling, or manufacturing marijuana would be subjected to strict criminal charges. For example, a person caught with under 30 grams of marijuana that has no prior drug offenses would face up to six months in jail, up to $1,000 in fines (not including court costs and probation fees), and charged with a Class B misdemeanor.

However, in a news conference in Indianapolis on Monday, September 30^th, the Marion County Prosecutor’s Office made a big announcement. They have officially decreed that they will NOT prosecute minor marijuana offenses anymore! Here’s what Prosecutor Ryan Mears had to say:

“Too often, an arrest for marijuana possession puts individuals into the system who otherwise would not be. That is not a win for our community. (…) The enforcement of marijuana policy has disproportionately impacted people of color, and this is a first step to addressing that.”

He went on to say, “Our priority is violent crime. (…) We are not going to mess around with these small possession of marijuana cases.”

Even the former chief deputy prosecutor acknowledged that minor marijuana offenses were clogging up the court system, overcrowding jails, and exhausting resources that should be put toward violent crimes.”

On the other hand, Indiana Attorney General, Curtis Hill, is concerned about the prosecutor’s decision, stating, “I respect and support the fact that prosecutors have absolute discretion in deciding when to file criminal charges and how to allocate their resources. Typically, though, prosecutors carefully exercise this discretion on a case-by-case basis rather than proclaiming that in all cases they will ignore a particular state law not to their liking. I am concerned that this proclamation in Marion County will attract to Indianapolis people with a particular interest in communities where drug enforcement is lax. It seems to me a curious strategy to put out a welcome mat for lawbreakers in a community already facing challenges related to crime, homelessness and other social problems stemming from drug abuse.”

And the Indianapolis Fraternal Order of Police is openly rejecting the prosecutor’s decision, submitting a statement saying, “(…) While we recognize and value prosecutorial discretion, our law enforcement officers have significant concerns anytime a single person elects to unilaterally not enforce a state law as a matter of practice or policy. We are attempting to better understand the basis for this decision and any potential unintended outcomes. In the interim, it is our understanding the IMPD Chief of Police has directed officers to continue to enforce the laws as proscribed by the State of Indiana and we strongly concur.”

What You Should Take From All This

So what does all this mean for Marion County residents and visitors? It means that anyone over the age of 18 years old will no longer face the above-mentioned criminal penalties for minor possession of marijuana. In fact, since the announcement, Marion County has dismissed eight out of ten minor marijuana possession cases.

Marijuana crimes that will continue to be prosecuted include driving while intoxicated (DWI), public consumption, growing, dealing, and trafficking. So do not go to the park and light one up. Only minor possession of marijuana is being dismissed as a chargeable offense. Furthermore, it is just Marion County that has made this announcement, which means that all other counties still adhere to the conventional state laws governing all types of marijuana offenses.

Expunging Marijuana Convictions

Not only is the Marion County prosecutor currently examining over 350 pending drug cases to see where improvements can be made, he is planning to assist those who have minor marijuana possession convictions with criminal record expungement. So if you have been convicted of minor marijuana possession in the past, talk to an Indiana criminal expungement lawyer as soon as possible to learn your rights to sealing or destroying such records.

A Trusted Indianapolis Marijuana Crime Lawyer

Contact Attorney David E. Lewis at 317-636-7514 to learn everything you need to know about the new Marion County marijuana laws. If you are facing marijuana charges in Indiana, or any other type of drug charge, he can help you avoid the maximum penalties for your crimes. He will work around the clock using every resource in his grasp to build you an impactful defense that may reduce or dismiss your drug charges in Indiana. He also offers assistance with criminal record expungement, with rates starting as low as $850! Call to schedule a consultation, today!