Possible Criminal Defense Strategies to Beat a DWI

Posted on November 18, 2019 by admin

Were you or a loved one just arrested and charged with some version of a DWI? If so, it is important to get started on your legal defense as soon as possible, especially if the circumstances of the arrest might get you out of trouble with the law. How do you expect to beat a criminal charge for driving while intoxicated? The answer is by obtaining a skilled and aggressive criminal defense attorney.

Continue reading to learn some of the most common and effective defense strategies a lawyer might use to fighting a drunk or drugged driving charge.

Don’t Fall for Old Wives’ Tales

There are many false assumptions and mentions on how to beat a DUI conviction, but the only real way to get your charges dropped or dismissed is by building a strong and impactful defense. The most common DUI defenses include improper police stops, improper field sobriety test protocol, medical conditions, Miranda right violations, and introduction of evidence at trial.

Improper Police Stops

Unless police had a reasonable suspicion that you were conducting criminal activity, they are not legally allowed to pull you over. A simple instinct or gut feeling is not enough to pass as reasonable suspicion. If police stops or pulls someone over illegally, any evidence gained is inadmissible. Police can legally pull you over for vehicular malfunctions, like a broken tail light.

Improper Sobriety Test Protocol

All police are required to adhere to strict protocols when testing a citizen’s sobriety in the field. These field tests have predetermined procedures that cannot be veered from. If police do not follow these protocols precisely, the evidence gained during a field test would be inadmissible in court.

Medical Conditions

One of the most common and effective defenses against DWI charges is proving a relevant medical condition, such as those that might give off the appearance of intoxication or distort the results of a roadside breathalyzer test. This might include epilepsy, diabetes, anemia, neurological problems, and exhaustion.

Miranda Right Violations

According to our Constitutional rights, police must inform all suspects under arrest that they are officially being arrested and are not free to leave. Furthermore, police are required by law to inform the arrested suspect of their rights, including their right to remain silent, their right to a lawyer, and more. If an officer fails to do this, it is considered a violation of your Miranda Rights.

Civil Procedure Violations

A DUI defense strategy that has worked well for many defendants doesn’t come into play until the day of trial. If evidence or state rules of civil procedure are violated in any way, a case can be dismissed. This might include improper character evidence, hearsay, and unauthenticated documents.

Contact a DUI Criminal Defense Attorney Today

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

Possible DUI Penalties for Commercial Drivers

Posted on November 13, 2019 by admin

Getting charged with a DUI is serious enough in Indiana. But for those who operate a commercial motor vehicle (CMV), especially those arrested on the clock, will likely face a much higher degree of penalties. If you have a CDL, and you were recently charged with drunk or drugged driving, it is important to prepare yourself for the possible consequences if ultimately convicted.

Continue reading to learn how commercial DUI’s are charged and penalized in Indiana, as well as, how to protect your rights, including your drivers’ license and employment status.

Commercial Driver DUI Lawyer 317-636-7514

Commercial Motor Vehicle (CMV) DUI Penalties

A commercial drivers’ license (CDL) is a privileged license only imparted to those who have proven to have adequate knowledge and skill of driving commercial motor vehicles (CVM). If a commercial driver is charged with a DUI, there are additional consequences on top of the standard DUI penalties a person would normally face. Overall, commercial drivers stand to lose their CDL’s temporarily or permanently based on the number of “major” violations they are suspected of committing.

Most Serious CMV Violations:

⇒ Under the Influence of Alcohol or Controlled Substance
⇒ BAC of 0.04% or Higher
⇒ Refusing a Chemical Test
⇒ Using a CMV to Commit a Felony
⇒ Leaving the Scene of an Accident
⇒ Causing Death or Serious Bodily Injury
⇒ Operating a CMV on a Suspended or Revoked CDL from a Prior Offense
⇒ Using a CMV to Transport Controlled Substances (Lifetime CDL Suspension)

Commercial Motor Vehicle DUI Defense

Keep in mind, your Indianapolis criminal defense lawyer only has 10 days to spare your commercial drivers’ license after a drunk driving arrest. So it is vital that you act fast. As soon as you are released from custody, contact your DUI defense lawyer so they can get started on your defense immediately.

Aggressive Commercial Driver DUI Defense in Indiana

Call 317-636-7514 to schedule a consultation with aggressive Indianapolis commercial motor vehicle DUI defense 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 Indiana drunk driving charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

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

3 Circumstances That Do Not Allow a Pre-Trial Release

Posted on November 8, 2019 by admin

Monetary bail is used to maximize the likelihood of a defendant’s presence in court, ensure a defendant’s right to remain innocent until proven guilty, and for general public safety. However, when a court believes that a defendant does not pose a threat to themselves or to the public, nor poses any flight risk or re-offense, the court mat decide to release them from jail without the obligation to pay for bail or surety.

This is known as a pre-trial release, and they are significant to the local community in many ways. Continue reading to learn more.

Pre-trial releases sanction trial judges to release arrestees sooner, which provides defendants a load of opportunities they would otherwise not have. Since defendants get to avoid jail, they can get straight back to their lives, such as work, school, and family. This lets them keep their employment, continue making money, tend to the needs of their children, avoid missed days at school, and much more. Furthermore, pre-trial releases reduce the overutilization of local jail resources, thus reducing state expenses.

Circumstances That Deny Pre-Trial Release

Not everyone will be granted a pre-trial release following an arrest. There are circumstances in which a court will not let an arrestee go, and instead, set their monetary bail. If a defendant falls into one of the three categories below, it is very likely that they will not be eligible for pre-trial release.

❶ The defendant is charged with murder or treason.

❷ The defendant is already on a pre-trial release that is not related to the current suspected offense that is the basis for the present arrest.

❸ The defendant is currently on probation, parole, or other form of governmental supervision.

If You are Not Eligible for Pre-Trial Release…

Even if you or your loved one was not granted pre-trial release privileges following an arrest, there is still the option of posting bail. In most cases, a judge will set an offender’s bail within a few hours, and always within 24 hours. If bail is not set, an arrestee must wait in custody until their scheduled court hearing. If bail is set, simply contact a local Indianapolis bail bondsman for a safe and secure release from jail using a bail bond.

Are You Facing Indiana Criminal Charges?

If you do not already have a licensed Indiana criminal defense lawyer working on your 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 Indiana criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there is no out-of-pocket obligations to you.

The Difference Between Voluntary and Involuntary Manslaughter

Posted on November 4, 2019 by admin

When facing manslaughter charges, the various details of your offense will determine whether or not it was voluntary or involuntary. Accordingly, the penalties you are sentenced to will depend on which type of charge you are convicted of. Voluntary and involuntary manslaughter charges render different outcomes in court, as they are two separate types of crimes.

Continue reading to learn the difference between voluntary and involuntary manslaughter, including what you should do if you or someone you love was just arrested for similar charges in Indiana.

Indiana Manslaughter Homicide Lawyer 317-636-7514

Voluntary Manslaughter

Many people correctly assume that voluntary manslaughter is murder. But what many do not realize is, voluntary manslaughter is just one type of murder. A killing can only be considered voluntary manslaughter when a person deliberately commits murder in the heat of the moment due to emotional excitement, before having time to calm down. Furthermore, the circumstances that caused the emotional excitement must be so anger-inducing that a reasonable person in the same situation would have acted the same way.

An example would be if an abused wife overreacts while defending herself and kills her abusive husband. Another common example would be the case of infidelity, such as walking in on a cheating spouse and shooting both them and their lover on the spot. However, if the person had enough time to calm down, and then still committed the crime, it would be charged as murder. Regardless of the circumstances, voluntary manslaughter is a serious crime of murder that comes with severe penalties.

Indiana Penalties for Voluntary Manslaughter:

➢ Level 2 Felony
➢ 10 to 30 Years in Prison
➢ Fines Up to $10,000
*See Indiana Code Section 35-42-1-3 for details of this statute.

Involuntary Manslaughter

Also known as criminally negligent manslaughter, involuntary manslaughter is much different than voluntary manslaughter. Those charged with involuntary manslaughter often acted inappropriately, negligently, or recklessly, which resulted in someone else’s death. Involuntary manslaughter is unintentional murder, but even though the offender did not intend for someone to get hurt, they will still face very serious penalization. A common example of involuntary manslaughter is when a drunk driver kills another pedestrian, driver, or passengers, known as vehicular homicide.

Indiana Penalties for Involuntary Manslaughter:

➢ Level 5 Felony
➢ 1 to 6 Years in Prison
➢ Fines Up to $10,000
*See Indiana Code Section 35-42-1-4 for details of this statute.

Indiana Criminal Defense for Homicide Charges

Call the Law Office of David E. Lewis at 317-636-7514 to connect with an aggressive Indiana criminal defense attorney who will stop at nothing to preserve your freedoms after being charged with a violent crime in Indiana, including manslaughter. 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. Call today to schedule a free initial consultation.

The 3 Parts of the Federal Government

Posted on October 23, 2019 by admin

Whether facing criminal charges, preparing for a citizenship exam, or simply curious about our country’s governmental workings, you are wise to learn the three parts of our federal system. Continue reading to review some basic facts surrounding each part of our federal government, as well as, what you should do if facing felony charges.

Our Federal Government System

The 3 parts of our federal government are Executive, Legislative, and Judicial. The headquarters for all three branches are located in Washington D.C., our Country’s Capital. Although it borders Virginia and Maryland, Washington D.C. is inside the District of Columbia (DC), which is a federal district not a part of any one state. Here is a brief explanation of each branch, including what they do and who is in charge of their procedure.

? Executive

As you might have already deduced simply by the name, the executive branch is the highest branch in the federal government, and therefore, has the most power and influence. This branch of government includes the President of the United States, and around 5 million additional employees who are in charge of enforcing laws set forth by Congress, which makes up the next branch of government.

? Legislative

Also known as Congress, the Legislative branch of the federal government includes the Senate and the House of Representatives. There are 2 senators for each state, making 100 total in the Senate, and 495 representatives. This branch is in charge of creating laws, which are then enforced by the Executive branch, and interpreted by lower court systems and judges in civil and criminal cases.

? Judicial

The judicial branch of the federal government is in charge of interpreting the laws set forth and enforced by the upper branches of the government, and then applying their interpretations to rule on civil and criminal cases. This branch includes the Supreme Court, as well as nine U.S. Justices. A Justice is a superior, specialized judge who only interprets cases and laws that pertain to the U.S. Constitution.

Facing Felony Criminal Charges?

Call 317-636-7514 to schedule a consultation with aggressive Indiana felony 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.

Will I Go to Jail for Writing a Bad Check?

Posted on October 18, 2019 by admin

When someone uses a checking account to pay for something, but they have insufficient funds in the account they are paying with, it is referred to as writing a bad check, or bouncing a check. But under state and federal law, it is called check fraud. There are various reasons why a person might write a bad check, both knowingly and unknowingly. In tough times, someone might write a bad check for something they know it won’t cover because it’s simply their only option to get by. Others might accidentally write a bad check due to innocent accounting errors.

Regardless of why a person writes a bad check, penalties can be at play if restitution is never made. Such penalties can include arrest, criminal charges, fines, probation, reimbursement, community service, and perhaps even jail.

Continue reading to learn more about check fraud laws in Indiana, and what you need to do to ensure your rights are protected following an arrest.

Indianapolis Check Fraud Lawyer 317-636-7514

Writing a Bad Check

If you write a bad check, the penalties you face will depend on the circumstances of the incident. For instance, if you write a bad check for your car payment, your leaser will contact you and ask for an alternative form of payment. If you cannot make that payment, your car might be repossessed until you can. The more time you take to satisfy this payment, the more fees will add up. If you never make the car payment, the company can sue you in civil court for recompense. Furthermore, you would be flagged as a high-risk leasee, and will have trouble leasing other cars in the future.

This same scenario is likely to apply to all retailers, vendors, and municipal companies. In most cases, the party being paid will just contact you and ask for a new payment; and if you neglect to satisfy the debt, you can face being sued by them in civil court. In some states, the law permits plaintiffs to sue for up to three times the amount of the original check.

In cases that a person crosses the line into a more serious type of fraudulent bank activity, the situation can turn into a criminal matter. In fact, such cases can render both civil and criminal repercussions.

Check Fraud

Check fraud, also referred to as debit card fraud or bank fraud, is a different type of illegal check-writing activity. Under Indiana law, it is considered an act of check fraud when a person intentionally defrauds or deceives another party by writing a check knowing there aren’t sufficient funds to cover the amount on the check, and as a result, that the check is rejected when presented to the bank.

Fraud crimes are charged as either misdemeanors or Level 6 felonies, depending on the particulars of a person’s case. In Indiana, bank fraud is generally charged as a Level 6 Felony, which comes with 6 months to two and half years in jail, up to $10,000 in fines, and several court orders, such as restitution, community service and probation.

In order for a bank fraud charge to turn into a conviction, two facts must be proven beyond a reasonable doubt:

☛ The defendant knowingly carried out a scheme to defraud a bank or other financial institution

☛ The defendant knowingly carried out a scheme to gain financial assets in the possession of a bank or other financial institution.

Are You Facing Fraud Charges in Indiana?

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

The Difference Between Car Theft and Grand Theft Auto

Posted on October 14, 2019 by admin

Last week, we cleared up the confusion regarding the difference between burglary crimes and robbery crimes. Today, we will continue the discussion of Indiana theft laws and penalties by outlining the difference between two very common types of theft that involve cars: car theft and grand theft auto. Continue reading to get started.

Car Theft

Grand theft auto is the same offense as car theft. If a person steals a vehicle with the intent of keeping it, or not returning it, it is considered the crime of grand theft auto.

Theft of a motor vehicle is a Level 5 Felony crime in Indiana, which are punishable by 2 to 8 years in prison, up to $10,000 in fines, and additional strict penalties. The type of felony and subsequent penalties can increase depending on the details and circumstances of the crime. Furthermore, auto theft does not apply to just cars and trucks; it also includes boats, motorcycles, campers, and other vehicles.

Criminal Conversion Theft

If a person commits theft of a vehicle without the intention of depriving the property forever, Indiana will charge this as “criminal conversion” instead of a felony theft charge. An example of criminal conversion would be borrowing a person’s car without their permission, but with the intent of returning it when finished. If you commit this crime, you could face Class A misdemeanor criminal charges. In some instances, Indiana will charge a person with a Class A misdemeanor if the property value is under a certain dollar amount; and amount that is generally at the prosecutor’s discretion.

Unauthorized Use (Joy-Riding)

If a person takes another person’s vehicle without permission with the intent to return it, they are violating Indiana’s Unauthorized Control of a Vehicle Statute, a crime commonly called joy-riding. Although it is a crime, it is not a car theft crime. Instead, it is charged as a less serious misdemeanor crime.

Car Rental Theft

In the case that a person rents a vehicle from a commercial business, and then fails to return it after 30 days of signing the rental car agreement (or 3 days following a written demand for the vehicle’s return), then they are guilty of an auto theft crime. If a written or mailed demand for the vehicle’s return is sent to the address on the signed agreement (in which case they would have 3 days to comply), but the person no longer lives there, they cannot use that as a defense.

Obtain an Aggressive Car Theft Lawyer in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with grand theft auto in Indianapolis or anywhere else within Central Indiana. He offers aggressive and experienced criminal defense for anyone facing car theft charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

The Difference Between Robbery and Burglary

Posted on October 9, 2019 by admin

Theft is an umbrella offense, meaning it is a category that encompasses a larger scope of crimes. Two of the most common types of theft crimes are burglary and robbery. In fact, you have likely watched movies depicting sneaky burglars and quick-handed bank robbers. But many assume these two terms are synonymous, when in fact, they are quite different; especially when you ask the law.

Continue reading to learn what these two crimes mean, and what you need to do if you or someone you love is facing theft charges in Indiana.

Indiana Robbery Criminal Attorney 317-636-7514

The Crime of Theft in Indiana

According to the statute decreed in Indiana Code § 35-43-4-1, “A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft.” Whether the crime of theft is burglary or robbery has a big impact on the severity of punishment an offender faces if caught by the authorities.

Burglary

A burglar is someone who breaks and enters into private commercial or residential property for the purpose of committing a felony or stealing something of value that does not belong to them. Here in Indiana, all forms of burglary are felony crimes, but ones that occur in a home or dwelling, or with the use of a deadly weapon, carry even higher punishment. The type of felony one faces depends on the type of structure or property they broke into, as well as, any existing enhancements (gun possession, deadly weapon, etc.). See the Indiana Code Section 35-43-2-1 to learn the details surrounding the statutes and penalties for burglary.

➣ Basic Commercial Burglary – Level 5 Felony
➣ Residential Burglary – Level 4 Felony
➣ Burglary Resulting in Physical Injury – Level 3 Felony
➣ Burglary While Armed with Deadly Weapon: Level 2 Felony
➣ Residential Burglary Resulting in Physical Injury : Level 1 Felony

Robbery

A robber is someone who uses force, intimidation, or violence against another person to commit a crime of theft. When an offender uses a deadly weapon to commit robbery, it is considered armed robbery, and is a more serious offense. See the Indiana Code Section 35-43-5-1 to learn the details surrounding the statutes and penalties for robbery.

➣ Robbery: Level 5 felony
➣ Armed Robbery: Level 3 felony

An Example of the Difference

If a person enters a bank, holds up a gun, and demands cash from the teller, they are robbing the bank. If they were to have broken into the bank after hours and stole from the safe, it would be considered burglary.

If a person walks up to an old lady and uses a knife to steal her phone, he is robbing her. If the same person were to have taken the phone from the old lady’s pocket when she wasn’t looking, he would have committed pick-pocketing, which is not robbery.

How to Defend Your Theft Charges

Theft is a common crime here in the United States, but it comes in many different shapes and forms. Accordingly, it also comes with a wide scope of legal penalties, all of which depend on the severity of the crime itself, as well as other mitigating and aggravating factors. If you are suspected of theft crimes, your first and only priority should be to consult with a seasoned criminal defense lawyer who can build you a strong and impactful defense that will help you avoid the maximum penalties for your charges.

Indiana Theft Lawyer

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana theft charges, today. Whether charged with robbery or burglary, our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

Can a Cop Arrest a Kid?

Posted on October 4, 2019 by admin

Most might laugh at the idea of a police officer handcuffing and detaining a kid. But the truth is, “kids” are arrested every day, and for a wide range of criminal infractions and offenses. The key here when answering the question of legality is your definition of “kid.” A kid can be both a minor and a juvenile, depending on their age. Once you know which legal categorization applies to your children, you can better understand which types of criminal penalties they might face in the case that they are caught breaking the law.

Continue reading to learn the difference between a minor and a juvenile, and whether or not a cop can arrest them in Indiana.

Minor vs. Juvenile

A minor is any person that is prohibited to perform a certain activity, such as driving a car, voting, and drinking alcohol. For instance, a person under the age of 21 is a minor when it comes to alcohol consumption, but not for smoking or voting, and a person under the age of 18 is a minor when it comes to smoking or voting. In contrast, juveniles are specifically persons between a certain ages. So, a minor can also be a juvenile.

State Laws for Minors and Juveniles

Minors can be anyone between the ages of 16 years old and 21 years old, depending on the law in question. So yes, cops can and will arrest minors if they are caught breaking the law. The type of court system they are tried in will depend on whether or not they are under or over 18 years old. For instance, if a 17 year old is caught smoking and in possession of cigarettes, they can face criminal charges in the juvenile court system. If a 20 year old is caught consuming, buying, or intoxicated on alcohol, they will face charges in the adult court system.

Juveniles

Juveniles between the ages of 11 and 17 years old can be arrested by a police officer if they are caught breaking the law. Every state has their own set of laws surrounding criminal procedure and penalization of juveniles, but all juveniles are generally tried in juvenile court. For teenagers that are close to the age of 18 and have committed serious crimes, such as murder, they will likely be tried as an adult. There are various factors that influence the judicial course of action for a juvenile, which is why it is imperative to speak with a licensed Indiana criminal lawyer who can educate you on your child’s case and best strategies for defense.

Children Under 10 Years Old

If a child under the age of 10 years old commits a crime, they are not tried in the juvenile court system. Instead, they are entered into a state-run or government-administrated social services program. Here, they are evaluated and rehabilitated by professionals in the social service and child care industries. See our blog, “Do I Need an Attorney if My Kid is Arrested?” for help with legal guidance regarding children.

Juvenile Criminal Defense in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if your child has been charged with a crime in Indianapolis or anywhere else within Central Indiana. Our law firm offers aggressive and experienced criminal defense for juveniles and minors who are facing criminal charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

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!