Will I Be Tried in State or Federal Court?

Posted on September 9, 2022 by admin

Are you facing criminal charges? It helps to know which court system you will be tried in before your initial hearing. State and federal court are the two primary court systems in which all other courts fit under. Between the two, there are several key differences that distinguish one court from the other. Continue reading to learn more.

Federal Court Lawyer Indianapolis Indiana 317-636-7514

State Court System Versus Federal Court System

Establishment

The first difference between the two justice systems is their source of establishment. State courts are established by the state or local government. Under state-established courts, local courts are also recognized by cities, counties, and additional municipalities. In contrast, federal court systems are nationally established by the United States Constitution. Under this establishment, the cases that are contested involve the U.S. Constitution, national offenses and laws passed by congress.

Jurisdiction

Another primary difference between the two court systems is jurisdiction, or authority to rule on a case. The types of cases the two courts are permitted to oversee depend on their particular jurisdiction, which can vary depending on several factors. State courts, for instance, have a broad range of jurisdiction, and generally hear numerous types of state-level infringements like traffic violations, minor drug possession, theft, breach of contracts, domestic violence, custody disputes, and various other types of state-level cases and misdemeanor offenses.

Federal courts, on the other hand, only hear cases that involve crimes in violation of the United States Constitution or laws passed by Congress. These are generally more serious cases and felony offenses, such as sex crimes, drug trafficking, white collar crimes, aggravated or violent crimes, bankruptcy, copyright or patent infringements, maritime law cases, and lawsuits against the United States. Federal authority applies to the entire nation, including all 50 states and the District of Columbia, as well as the U.S. territories.

State courts are not allowed to rule on federal-level cases. However, although it is rare, it is possible for both court systems to have jurisdiction in a case. Similarly, federal courts may be permitted to rule on cases involving state laws if the dispute is about a state law potentially violating the Constitution.

Here is an example to better understand which crimes will fall under which category:

If a person robs a bank, they may be tried under state or federal law depending on how the reserves are insured. There are not very many federal laws about bank robbery, so most are tried at a state level. However, if the bank’s reserves are insured by a federal agency, the robber would face felony charges in the federal court system.

Are you looking for a skilled criminal defense lawyer who can fight your Indiana or Federal criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced Indianapolis criminal defense law firm. We can hold meetings over the phone or in person at our Indy-based office.

Where to Get Information About Indiana Drug Schedules and Categories

Posted on August 26, 2022 by admin

Although every drug is categorized in a schedule, Indiana Code allows the Indiana State Board of Pharmacy to suggest modifications and deletions to the state legislature at any time. If you are facing drug crime charges in the Hoosier state, it is important to educate yourself on these schedules so that you are well-prepared for your initial hearing and the court appearances that follow.

Continue below to learn where you can get information about Indiana drug schedules and categorization that is pertinent to your criminal case.

Drug Charge Lawyers Indianapolis Indiana 317-636-7514

Indiana’s Classification of Drugs

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.

Indiana Drug Schedule 1 Through 5

Schedule 5 (V) drugs are considered to be the least dangerous and addictive, with the lowest risk of dependency (addiction). Examples include non-narcotics such as Tylenol, Codeine, and similar OTC drugs.

Schedule 4 (IV) drugs are considered to have a slight risk of physical or psychological dependency, but a wide range of medically accepted uses. Examples include tranquilizers, clonazepam, diazepam, loprazolam, alprazolam, midazolam, carisoprodol, methohexital, and modafinil, clorazepate, triazolam, temazepam, and similar benzodiazepines.

Schedule 3 (III) drugs are considered to be any drug that has a moderate risk of abuse, but less dangerous than Schedule one and two drugs. Examples include testosterone, anabolic steroids, ketamine, codeine, chlorphentermine, nalorphineand Buprenorphine (Suboxone), phendimetrazine, and benzphetamine.

Schedule 2 (II) 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. Examples include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, hydromorphone, oxymorphone, methadone, pethidine, amobarbital, glutethimide, pentobarbital, and phenmetrazine.

Schedule 1 (I) drugs are considered to be the most dangerous and have the highest abuse potential. Examples include heroin, mescaline, peyote, benzylpiperazine, psilocybin, methaqualone, MDMA (Ecstasy), LSD (Lysergic Acid Diethylamide), and tetrahydrocannabinols (THC). Yes, that’s right; marijuana is a Schedule one drug in Indiana, so the potential penalties will be high if these are the charges you face. Be sure you have a skilled lawyer working your defense.

To learn everything that you need to know about your current drug charges and how they relate to Indiana’s drug schedule, contact an experienced criminal defense law firm in Indianapolis. Call the Law Office of David E. Lewis at 317-636-7514 to speak with an aggressive and experienced drug charge lawyer in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

Using Auto Brewery Syndrome For DUI Defense

Posted on August 23, 2022 by admin

If you are pulled over while driving, and the cop believes they smell alcohol on your breath, you will likely be asked to take to a breathalyzer test. This device measures and computes the amount of alcohol on a person’s breath. When you pass the breathalyzer test, you are generally free to go; however, if you do not pass the test, your car will be towed and impounded while you are arrested for a DUI (driving under the influence) and taken to jail.

Drunk driving charges, also known as DWI’s (driving while intoxicated) and OWI’s (operating while intoxicated), can lead to heavy fines, strict and mandatory probation and court orders, loss of driving privileges, and even jail time. But what if you fail the breathalyzer even though you haven’t had anything to drink? Perhaps you have Auto Brewery Syndrome.

Continue reading to learn more about this syndrome and what to do if you or a loved one is facing OWI charges right now.

DUI Attorney Indianapolis Indiana 317-636-7514 — Those with Auto Brewery Syndrome retain excessive quantities of yeast in their digestive system.

What is Auto-Brewery Syndrome?

Many Americans are not even aware that Auto Brewery Syndrome exists, but it can cause a person to fail a mechanical breath test. Basically, it is a disorder that causes a person to have an abundant amount of yeast in their digestive system. Large amounts of yeast can produce ethanol in quantities that can actually lead to intoxication. You could say that a person who suffers from this syndrome has a stomach that brews its own beer. Therefore, the syndrome can trick an officer into thinking a person has consumed alcohol even though they haven’t.

Not only do those with Auto Brewery Syndrome produce large amount of yeast, but they can also add to their yeast reserves by consuming foods and beverages that contain yeast. This includes wine, bread, tortillas, pitas, crackers, pizza crust, and more. Adding to the amount of yeast in their digestive system can also contribute to failing a breathalyzer.

Common Symptoms of Auto Brewery Syndrome:

▷ Dry Mouth
▷ Hangovers
▷ Dizziness
▷ Disorientation
▷ Depression
▷ Anxiety

There are several other health conditions that can contribute to falsely failing a breathalyzer test. Talk to your primary care physician if you are concerned that you may suffer from too much yeast or ethanol in your system. If you are facing criminal charges for a DUI, be sure to hire an experienced criminal defense attorney to avoid being sentenced to the maximum penalties for your crime.

Are you currently facing drunk driving criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive DUI defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your OWI charges.

Are Dropped Charges the Same as Dismissed Charges?

Posted on August 17, 2022 by admin

When criminal charges are no longer being held against you, they have either been dropped or dismissed. Although they render virtually the same results, charges dropped and charges dismissed are two different criminal outcomes. Continue reading to learn the difference between dropped charges and dismissed charges, including the pros and cons of each.

Criminal Lawyer Indianapolis Indiana 317-636-7514

The Prosecutor Decides to Drop or Dismiss Charges

In criminal cases, the prosecution holds the burden of proving that the defendant is guilty of the criminal charges. Also known as the People, the State, or in federal cases, the United States, the prosecutor will ultimately make the decision to either drop, dismiss, or pursue the criminal charges against a defendant of the court. If the prosecutor chooses to pursue the criminal charges against a defendant, they must prove every element of the criminal act beyond a reasonable doubt. Because this is a challenging burden to undertake, prosecution will sometimes choose to drop or dismiss the criminal charges instead.

Criminal Charges That Are Dropped

Criminal charges can be dropped before or after charges have been filed with the court. The most common reason why charges are dropped in criminal cases is due to insufficient evidence. As we mentioned before, prosecutors have the burden of proving every single factor of a crime beyond a reasonable doubt. If there are holes in their case against the defendant, they may lack confidence in their ability to prove their assertions beyond a reasonable doubt.

Additional reasons why prosecutors might drop charges include errors in law enforcement procedures and violation of amendment rights, specifically 4^th, 5^th, and 6^th. Sometimes, courts, prosecutors, and government offices have heavy caseloads but not enough resources to deal with them all. This might lead a prosecutor to drop criminal charges the defendant. In other cases, a criminal defendant might have information that can help law enforcement pursue bigger criminal cases. If the defendant is willing to help, they might be offered a deal that involves dropping their criminal charges.

Criminal Charges That Are Dismissed

Criminal charges are usually dismissed for the very same reasons they are dropped, and lack of evidence is still the most common. The main different between dropped criminal charges and dismissed criminal charges is where they occur in the timeline of the judicial process. Dismissed charges generally don’t take place until later on, after the judge or prosecutor realizes they don’t have what they need to prove that the defendant is guilty of the alleged crimes. Oppositely, charges can be dropped before anything is even filed with the court.

Further distinctive of dropped charges, dismissed charges can be ordered by the judge rather than the prosecution. If the judge feels that there are holes in the case, they might override the process and dismiss the charges themselves.

Pros and Cons

Although hypothetical, if you could choose, you would want your charges to be dismissed. When charges are dropped against a defendant, prosecution still has the opportunity to reinstate their criminal charges later on. This might happen if they gather more sufficient evidence against you, allowing them to build a stronger case that proves you are guilty of the alleged crimes. When charges are dismissed, they typically stay dismissed for good.

Are you ready to fight your current criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

Why Choose Our Criminal Defense Law Firm in Indianapolis

Posted on August 8, 2022 by admin

The Law Office of David E. Lewis is your top resource for superior criminal defense in Indianapolis, Indiana. When you are looking for a skilled and aggressive crime lawyer, Attorney David E. Lewis and his esteemed legal staff are the team to have in your corner. Our Indianapolis Indiana criminal defense law firm will build you a strong and impactful defense against your criminal charges, giving you the best possible outcome in court. Avoid harsh penalties and jail time by calling the Law Office of David E. Lewis today for your free consultation.

Continue below to learn why so many Hoosiers choose us to beat or significantly reduce their criminal charges throughout Central Indiana, plus how to get started on your defense as soon as today.

Indianapolis Criminal Law Firm 317-636-7514

The Law Office of David E. Lewis

Indianapolis Criminal Defense That Works

Here at the Law Office of David E. Lewis, you can expect to be treated with the utmost care and respect. We see you as the person you are, not the person. The courts are accusing you of being. Regardless of your crime or criminal charges, we are here to obtain a better legal outcome for you. We will work around the clock to build you a strong and impactful defense to significantly reduce or even dismiss your criminal charges entirely. Trust us to work on your case as if it were our own matters at stake.

Criminal Matters are Complex

Our Indianapolis defense attorneys know that your criminal matters are confusing to you and that you may not know which steps to take after being arrested or indicted on criminal charges in Indiana. If under investigation or charged with a crime in Indiana, your future and freedom could be in jeopardy. Your next few moves could greatly influence and impact your case, so having an adept defense attorney on your side is a monumental advantage for yourself and your future.

Here at The Law Office of David E. Lewis, we are ready to be your number-one advocate through this difficult time in your life. Trust our legal professionals to develop a strong defense for your case and work around the clock to place you in the best position possible following an arrest, charge, or conviction.

From start to finish, our criminal defense attorneys take your legal matters seriously. You can count on us to protect your rights and preserve your freedoms at all costs. We have full knowledge of criminal law on both state and federal levels, plus retain years of experience serving Hoosiers just like yourself. Our case results are prima facie evidence that our law firm is the right choice for your criminal charges in Indiana.

Are you ready to schedule your free, no risk consultation with seasoned attorney who actually cares about the quality of your life? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

When Do I Have a Right to an Attorney?

Posted on July 27, 2022 by admin

If you are a criminal suspect or defendant, the grants you the right to an attorney. This right is thanks to our 6^th Amendment. Continue below to learn what you need to know about exercising this right, including how to protect it from start to finish in your criminal case.

Defense Attorney Indianapolis Indiana 317-636-7514

The Sixth Amendment Right is Reserved for Criminal Prosecution

The 6th Amendment provides many important rights for criminal defendants, including the right to a speedy trial, the right to a public trial, the right to an impartial jury, the right to be informed of the law and the penalties for violating such law, the right to confront witnesses against you, the right to require witnesses in your favor to testify on your behalf, and of course, the right to an attorney. But you are only conferred the right to an attorney if you are under criminal prosecution. Basically, if you are suspected of a crime, the law gives you the right to have an attorney present every step of the way, from the moment you are arrested and read your Miranda Rights to the day of your appeal hearing.

If you are facing a civil suit, such as a custody matter or contract dispute, you do not have a right to an attorney, and instead, would have to retain a private lawyer on your own. The reason why criminal defendants have a right to an attorney and civil defendants and claimants do not is because civil matters only result in fines and other civil penalties, while criminal matters can lead to a loss of freedom.

How to Execute Your 6^th Amendment

There are many instances in which you can evoke your 6^th amendment right. First, if you are arrested and have been read your Miranda Rights, you are officially in police custody, which means you are not allowed to leave and any questions the police ask are custodial. In this case, you would be immediately eligible to use your right to an attorney as soon as they begin asking you questions. Your sixth amendment right is an important protection against custodial interrogation. Any questions asked by the police are designed to trick you into incriminating yourself.

You can also use your sixth amendment right during any court appearance you have, even after being found guilty. You have in a right to an attorney at all pretrial hearings, such as your arraignment and initial hearing, as well as all other court appearances, including trial, sentencing, and appeals.

When Your Right to an Attorney Ends

At some point in the criminal justice process, your right to an attorney will come to an end. For instance, if you are scheduled any post-conviction hearings for probation or parole, or even a parole revocation hearing, you no longer have a right to an attorney. For these types of hearings, you would be required to hire your own private lawyer. Also, if a defendant is still locked up and they are scheduled a disciplinary hearing, they do not have a right to an attorney.

Are you looking to avoid jail time and the maximum penalties for your criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

Can I Expunge a Federal Drug Possession Record?

Posted on July 19, 2022 by admin

Were you charged with a small possession drug offense years ago? You may be eligible now to seal or dismiss the record of offense, even if it was on a federal level. Continue below to learn if you qualify for federal criminal record expungement or sealing, plus how to get started on your petition in Indiana.

Federal Expungement Attorney Indianapolis Indiana 317-636-7514

Expunging Federal Adult Criminal Records

Some federal judges have discretion of power, which means they can freely choose to expunge a criminal record. Unfortunately, most judges, if any, will not blindly grant expungement for a federal drug record just because they were asked politely and within due process. But there is light at the end of the tunnel for some.

Dismissal of the Case

Anyone arrested or charged with a minimal amount of certain drugs in their possession might qualify for an expungement alternative known as dismissal of the case. Although one must first qualify to be granted a dismissal, it does give the claimant the right to deny ever being charged or convicted. This is commonly granted to those with small level drug possession offenses on their juvenile record.

Basic Qualification Guidelines:

In order to qualify for dismissing or sealing a federal drug possession record, your case must meet certain, specific requirements. Here are the most impactful prerequisites:

First Offense

Not only must the drug possession offense be small in quantity or weight, but it must also be your first time being charged or arrested for a crime.

Quantity or Weight

In order to qualify for dismissal of case or record sealing, the drugs you had in your possession must be small or low in weight and quantity. Small possession of illegal simple drugs is the key phrase here.

Specific Drugs

Not all drugs, even in small amounts or numbers, qualify for federal record sealing or dismissal. Drugs that qualify include marijuana and cocaine, as well as cocaine-based drugs like heroin and methamphetamines.

Condition of Possession

Under what condition were you in possession of simple, illegal drugs? If the drugs were prescribed by a licensed physician or you got them using a forged or phony prescription, your case does not qualify for federal record sealing or expungement.

Are you worried about a criminal record from your history and wish to see if you qualify for criminal record expungement or sealing in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an experienced criminal record expungement lawyer in Indianapolis, Indiana. Our Indianapolis criminal defense law firm can hold meetings over the phone or in person at our Indy-based office.

Your Next Step After Being Charged With Drunk Driving Vehicular Manslaughter

Posted on July 13, 2022 by admin

Drunk driving is illegal for a very good reason. Vehicles, after all, are comparable to a 3,000 pound missile at speeds as low as 10 miles per hour. Under that, they are still heavy machinery that can cause a devastating amount of damage or bodily injury. Many drunk driving accidents result in the fatalities of other innocent drivers, passengers, and pedestrians. Such accidents generally lead to a DUI vehicular manslaughter charge against the intoxicated driver. As a type of homicide crime, vehicular manslaughter is a very serious criminal charge that can end with long lasting consequences, including a lengthy stint in prison.

If you are facing drunk driving vehicular manslaughter in Indiana, continue below to learn the most valuable and critical step you need to take to avoid the maximum penalties for your charges.

Vehicular Manslaughter Lawyer Indianapolis Indiana 317-636-7514

Homicide and Involuntary Manslaughter

DUI vehicular manslaughter is a homicide and occurs when a person operates a motor vehicle while intoxicated, and in doing so, unintentionally causing an accident that kills another person. Although it is not considered murder since it was not a deliberate, malicious, or premeditated act, the offense is categorized as a homicide because a person loses their life.

There are different types of homicides, including involuntary and voluntary manslaughter, reckless homicide, negligent homicide, and vehicular homicide.

A homicide is not always a crime, as is the case with self-defense. Criminal homicide, on the other hand, is causing the death of another, either by means of negligence, such as drunk driving, or willful intent, such as spontaneously killing a person that you catch sleeping with your spouse. This would be charged as voluntary manslaughter, which is aptly called the heat of passion crime.

Vehicular Manslaughter Laws

Vehicular manslaughter laws are divided into 3 distinct levels: vehicular manslaughter, vehicular homicide, and aggravated vehicular homicide. Vehicular manslaughter is when a driver causes the death of another person or their unborn child as a result of a misdemeanor traffic violation. Vehicular homicide is the same as vehicular manslaughter, but in two specific scenarios: as a result of driving negligence or speeding through a construction zone.

Aggravated vehicular homicide is also the same as vehicular manslaughter, but in three specific scenarios: as a direct result of A) operating a vehicle while intoxicated; B) operating a vehicle recklessly; or C) committing a reckless traffic offense in a construction zone.

DUI Manslaughter Charges and Penalties

Drunk driving vehicular manslaughter is charged as an involuntary manslaughter homicide, which is a DUI felony offense. Upon conviction, a defendant can be punished by up to 6 years in prison, with an advisory jail sentence of 3 years, plus suspended drivers’ license for 2 to 5 years and fines up to $10,000.

If you have been charged with drunk driving manslaughter, your next step is the most important one you will make in your life: hire a skilled and experienced Indiana criminal defense lawyer for aggressive DUI defense. They can preserve your rights and protect you from the maximum sentence.

Are you worried about your pending DUI charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned DUI lawyer in Indianapolis, Indiana who will put your mind at ease with a strong and impactful defense. We also represent defendants charged in Indiana but who live in another state.

Frequently Asked Questions About Warrants

Posted on July 8, 2022 by admin

Being served, or worse, surprised by a warrant is not a pleasurable experience. Whether you are a hardened, street-smart convict or a first-time offender, the discovery of a warrant will most certainly invoke some relevant questions. If you are facing a bench warrant, arrest warrant, or search-and-seizure warrant, it is wise to educate yourself as much as possible before you mistakenly make your legal matters worse.

Scroll down to review some frequently asked questions about warrants, including what your first steps should be after learning of one for yourself for a loved one.

Arrest Warrant Lawyers Indianapolis Indiana 317-636-7514

FAQS About Warrants

What is an Arrest Warrant?

There are two main types of warrants: arrest warrants and bench warrants. An arrest warrant is an official order made by a judge and handed over to law enforcement demanding the immediate arrest of the defendant named in the document. A bench warrant is less serious as it does not require your arrest. Instead, bench warrants request your attendance on the “judge’s bench” for the purpose of handling certain legal matters. These are commonly used in divorce proceedings, custody hearings, and for witness testimony.

Do I Have to Go to Jail For a Bench Warrant?

No, you are not required to surrender to the jail for a bench warrant. Instead, follow the instructions on the documents sent to you. There should be information on when you are requested to appear in court or mediation. If you do not cooperate with the bench warrant, you could face civil or legal penalties, like fines.

How are Arrest Warrants Served?

There are several ways an arrest warrant can be satisfied or served. In many cases, the defendant named in the warrant will have a run-in with police, and when the police draw up their records, they will see the warrant and arrest the individual on the spot. This can happen during a routine traffic stop, even if the cop is just warning you about a burnt out taillight.

Other times, law enforcement will make a house visit or show up at the defendant’s last known place of employment. There, they will serve the defendant and apprehend them on the spot. Sometimes, police will allow a cooperative individual to simply follow them to the station for a surrender, rather than being cuffed and escorted in the police car.

What Should I Do if I Think I Have a Warrant Out for My Arrest?

You can use a free, online database to search for arrest warrant records. Simply type in your name and date of birth to see if there is an active warrant in your name. It should be able to provide state-wide results, showing warrants in all counties you are wanted in. You can also contact a local bail bondsman or criminal defense attorney for professional warrant lookup assistance. These tend to be the most reliable sources for warrant information. You could also call the Department of Motor Vehicles or courthouse directly.

How Do I Surrender to an Arrest Warrant?

If you have a warrant out for your arrest, it is vital that you turn yourself into authorities at the local police station in the county denoted on your warrant document. If you fail to surrender to an arrest warrant, you will be considered a fugitive of the law. It is recommended to contact the jail beforehand to get detailed instructions on where to park, where to enter the building, what to bring, and so on. In most cases, you can get in and out in a couple of hours.

Do I Need a Lawyer for an Arrest Warrant?

Although it is not required by law, it is strongly encouraged to hire an Indianapolis criminal defense attorney to help you during and after your arrest warrant surrender. They will ensure that you are not held in jail longer than you need to be, plus they can begin working on your defense to reduce your charges and subsequent penalties.

What Makes a Search Warrant Valid?

All search warrants must be filed in good faith by a law enforcement officer, and they must include reliable evidence that shows probable cause to search a premises. Aside from this fundamental requirement, a valid search warrant will have 3 specific elements: a magistrate’s signature, a description of the premises to be searched, and a description of the items to be seized.

Can I Refuse a Search and Seizure if Police Have a Warrant?

There are several intricacies involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights.

Are you looking for legal assistance regarding arrest warrants and similar criminal matters in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense for arrest warrants in Indianapolis. We represent juveniles and adults all throughout the state of Indiana.

Can I Get in Trouble for Mailing Weed in Indiana?

Posted on July 5, 2022 by admin

Marijuana is legal for medicinal and recreational use in an increasing number of states across the country, but not Indiana. In the Hoosier state, cannabis is still illegal in all regards. Yet, there is a buzzing confusion among Indiana residents on shipping or transporting legal marijuana back home. As a result, many cannabis users continue to find out the hard way that mailing weed or weed products in and out of Indiana is a recipe for trouble, legal trouble to be specific.

Scroll below to review some facts about what happens if you get caught shipping marijuana in Indiana, as well as the consequences for transporting legally-purchased cannabis products back to Indiana.

Marijuana Criminal Lawyer Indianapolis Indiana 317-636-7514

Marijuana Shipment is Illegal in Indiana

Not only is the shipping of marijuana and cannabis products illegal in Indiana, but it is also a violation of Federal law seeing as though the United States Postal Service (USPS) is a branch of federal government. This means that the consequences for committing such offenses are more serious for those charged and convicted. Having a misdemeanor on your permanent record is one thing but a felony can have lasting negative effects on your overall quality of life.

Marijuana in all forms is illegal in Indiana, including flower form, plant form, THC oil, edible and drinkable cannabis goods, and seeds. The only exception is low THC level oil obtained from industrial hemp, which is legal to ship in Indiana and under Federal law.

Common Penalties for Mailing Weed and Cannabis Products

So, what happens if you mail marijuana and get caught? Well, let’s start by noting that Indiana Drug Trafficking Laws are among the strictest, and mailing marijuana is considered trafficking. Whether you knowingly or intentionally mailed marijuana or received it in the mail from another party, you face serious penalties if caught and convicted.

No Previous Drug Convictions, Under 30 Grams:

□ Class A Misdemeanor
□ Up to 1 Year in Jail
□ Up to $5,000 in Fines
□ Miscellaneous Court Orders
□ Probation

No Previous Drug Convictions, 30 Grams to 10 LBS:

□ Level 6 Felony
□ 6 Months to 2.5 Years in Jail
□ Up to $10,000 in Fines
□ Miscellaneous Court Orders
□ Probation

Previous Drug Conviction Under 30 Grams:

□ Level 6 Felony
□ 6 Months to 2.5 Years in Jail
□ Up to $10,000 in Fines
□ Miscellaneous Court Orders
□ Probation

Previous Drug Conviction Under 30 Grams:

□ Level 5 Felony
□ 1 to 6 Years in Jail
□ Up to $10,000 in Fines
□ Miscellaneous Court Orders
□ Probation

What to Do if You are Arrested For Mailing Drugs in Indiana

Whether you have just been released on bond after being arrested for mailing illegal substances in or out of Indiana or simply suspect that you soon will be, your best option is to contact a licensed criminal defense attorney in Indianapolis. They can take full control of your case, protecting your rights and preserving your freedoms.

Ready to speak with a skilled and qualified lawyer about your case? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive and experienced criminal defense for drug crimes in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

State Court System Versus Federal Court System

Establishment

Jurisdiction

Indiana’s Classification of Drugs

Indiana Drug Schedule 1 Through 5

What is Auto-Brewery Syndrome?

Common Symptoms of Auto Brewery Syndrome:

The Prosecutor Decides to Drop or Dismiss Charges

Criminal Charges That Are Dropped

Criminal Charges That Are Dismissed

Pros and Cons

The Law Office of David E. Lewis

Indianapolis Criminal Defense That Works

Criminal Matters are Complex

The Sixth Amendment Right is Reserved for Criminal Prosecution

How to Execute Your 6th Amendment

When Your Right to an Attorney Ends

Expunging Federal Adult Criminal Records

Dismissal of the Case

Basic Qualification Guidelines:

First Offense

Quantity or Weight

Specific Drugs

Condition of Possession

Homicide and Involuntary Manslaughter

Vehicular Manslaughter Laws

DUI Manslaughter Charges and Penalties

FAQS About Warrants

What is an Arrest Warrant?

Do I Have to Go to Jail For a Bench Warrant?

How are Arrest Warrants Served?

What Should I Do if I Think I Have a Warrant Out for My Arrest?

How Do I Surrender to an Arrest Warrant?

Do I Need a Lawyer for an Arrest Warrant?

What Makes a Search Warrant Valid?

Can I Refuse a Search and Seizure if Police Have a Warrant?

Marijuana Shipment is Illegal in Indiana

Common Penalties for Mailing Weed and Cannabis Products

What to Do if You are Arrested For Mailing Drugs in Indiana

How to Execute Your 6^th Amendment