Can You Get in Trouble for Ignoring a Subpoena?

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

A subpoena is a legal document that legally requests a person to provide information, testimony, and/or evidence to the court regarding a criminal or civil matter. There are two types of subpoenas, one that requires your appearance in court to provide testimony, and another that simply requires you to provide records, physical evidence, or documents to the court. They are serious legal documents that require some serious attention. Continue reading to learn more about subpoenas, and what happens if you
fail to respond to one.

Court-Ordered Subpoenas

Although most commonly used for civil cases, such as divorces, accidents, and custody disputes, subpoenas are also used for criminal cases. They are used by both the prosecution and the defense to gather evidence and build a case. If the law believes that a person has information that can help prove or defend a criminal case, the courts can issue a subpoena to legally order that person to provide the information they need.

Example 1: Brenda is a cocktail waitress at the local sports bar. She witnesses a bar fight that results in serious injuries to one of the regular patrons. The regular patron files an injury lawsuit against the other participant in the fight. Later, she is served with a subpoena mandating her to provide testimony in court regarding her narrative of the incident.

Example 2: Archie is Brenda’s employer at the bar she works at. She is getting a divorce, so he is subpoenaed by the court to provide her employment and paycheck records.

Managing a Subpoena

If you are served with a subpoena, never ignore it. Failing to respond to a subpoena on time can result in serious legal consequences, including hefty fines, criminal charges, and imprisonment. If you are being represented by a lawyer, and you are served with or issuing a subpoena, your lawyer will generally handle all of the associated needs. If you are representing yourself, you can request a blank subpoena document signed by the court clerk and fill it out there.

Subpoenas must be served in-person or by registered mail. Neither yourself nor lawyers can deliver or issue subpoenas. Lawyers will appoint a process server to deliver the subpoena to the recipient since it is not allowed to have anyone involved with the case handle this part of the process. If they are not properly delivered, they cannot be enforced by law.

Indianapolis Criminal Attorney

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you were served a subpoena in Indianapolis, Indiana. He is an experienced and aggressive criminal defense lawyer that is eager to help you with your legal matters. He offers free initial consultations and even provides criminal record expungement services for those looking to seal their criminal history. Call 317-636-7514 to schedule your consultation with a trusted Indianapolis criminal attorney, today.

Examples of Unlawful Search and Seizures

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

The Fourth Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. In fact, this very search and seizure law is one of the trademarks of our country’s criminal justice system. It means that police and other forms of law enforcement must have a good reason to legally search a person or their property, as well as, seize personal belongings or make an arrest.

“Good reason” is established when police identify tangible evidence or facts that leads them to believe a person is committing, has committed, or intends to commit a crime. This is also referred to as probable cause. If sufficient probable cause is present during a police encounter in a place where privacy is not expected, a search and seizure is not deemed unreasonable, therefore, it is not illegal. Places where privacy is not expected include anything that is in plain view or public, such as the front seat of a car, disposed garbage, and public places.

Places where privacy is expected: private residence, hotel room, trunks of cars, luggage, and even a closed telephone booth. To help understand what is legal and what’s not, continue reading for some examples of unlawful search and seizures.

Traffic Violation Stop

Janet is pulled over for speeding. The officer learns that her license and suspended and she does not have auto insurance coverage for the vehicle. For this reason, he must have the car impounded. During a legal vehicle impound, an officer is allowed to conduct an inventory search of the contents of the vehicle. But the search must be conducted according to standard police regulations and procedures. The officer asks Janet to step out of her vehicle and stand in front of his squad car.

She exits her vehicle, taking her purse with her, and follows his orders. As she is standing in front of the police car holding her purse, the cop instructs her to place her purse in the trunk of her car instead. Now that the purse is in her vehicle, the police officer uses the opportunity to search the contents of her purse as part of the inventory search. As a result, he finds a small amount of marijuana in her purse, and then he arrests her on drug possession charges.

Later, the court finds that: 1) the search did not comply with the standard regulations for an inventory search, 2) the defendant had her purse outside of the vehicle when the officer instructed her to place it back inside, and 3) there was no evidence of criminal traffic violation, only standard traffic infractions. Since the courts ruled that the search was unlawful, the evidence found during the search was dismissed. And although the impounding and inventory search were legal, the search of her purse was not. So in the end, Janet was not charged with drug possession.

Noise Disturbance Call

Amy is fighting with her live-in boyfriend Dan. Neighbors call the police to report the noise. By the time the police arrive, Amy and Dan have calmed down and reconciled. They consent to letting the police inside their living room to discuss the calls from neighbors and to confirm that there isn’t a problem. The responding officers so not see anything illegal around the immediate areas of the apartment.

But as the couple is questioned by one officer, the other cop continues to search the rest of the apartment, opening cabinets and closet doors. In the back bedroom closet, the officer finds a stash of prescription-grade medication that is not prescribed to Amy or Dan. They seize the drugs and make the arrests.

Later, the courts find that the police officers unlawfully searched their home, so any evidence found during the unlawful search was dismissed. So neither Amy nor Dan was criminally charged. This is because law enforcement did not have a warrant to search the rest of their property. Cops could only make an arrest in this situation had they found evidence of a crime in plain sight. Law enforcement cannot open drawers and cabinets, search in closets, lift furniture, or implement an type of excessive search of a property without permission.

Call a Lawyer for Help

The laws surrounding our fourth amendment and search warrants is very complex, and differs from case to case. With so many details that can influence whether or not a search and seizure is lawful, it is important to consult an experienced criminal defense lawyer to learn your rights, as well as, the facts surrounding your case.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you were recently searched and arrested by police, and you believe it was unreasonable or illegal. He offers aggressive Indianapolis criminal defense, and stops at nothing to protect your rights and preserve your freedoms. Our law firm offers free initial consultations to discuss your criminal charges and a strategy for defense. Call 317-636-7514 to schedule an appointment with an experienced criminal defense attorney in Indianapolis, IN today.

Reducing Criminal Charges With a Plea Bargain

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

The main purpose of retaining legal counsel following an arrest is to avoid the maximum penalties for your criminal charges. In fact, reducing or dismissing criminal charges is the primary goal for you as the defendant, as well as your defense attorney. But in order to get charges reduces against their client, a knowledgeable and aggressive criminal lawyer must negotiate with the prosecution for an improved outcome in court.

A common method of accomplishing this feat is to use something called a plea bargain. But in order to use a plea bargain, it must first be approved by the courts. Continue reading to learn what a plea bargain is, what it is used for, and how it benefits both the prosecution and the defense.

Accepting a Plea

A plea bargain is an agreement between the prosecuting attorneys and your defense attorney in which each party must give something to take something, in terms of sentencing. Essentially, it is a compromise regarding a defendant’s charges and penalties for their crimes. In most cases, this means a defendant accepts to plead guilty to their crimes in return for a lower charge or more forgiving penalties. This can include reducing jail time, reducing felonies to misdemeanors, lesser fines, probation instead of jail, ankle monitoring in place of jail, ignition interlock devices, drug testing, and more. Here’s an example:

❝ Leonard was arrested for felony drug possession. His crime is a Level 6 Felony that faces up to 1 year in prison. Prosecution offers to give up their right to take the case to trial and sentence Leonard to the fullest if he will plead guilty to a Class A Misdemeanor or more lenient fines and penalties.❞

It is not up to the prosecution and defense to use a plea bargain. Instead, plea bargains must first be approved by the courts. A judge has to determine whether or not a defendant was strong-armed in any way; and once they confirm no pressure was made, they will approve a plea bargain. However, the process and regulations for plea bargains differ from state to state. Talk to your Indianapolis criminal defense attorney about Indiana plea bargains and procedures.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss the right defense for your criminal charges in Indianapolis, Indiana. We offer free initial consultations to talk about your criminal charges, and determine the best strategy for defense. Attorney David E. Lewis works around the clock, fighting to reduce or dismiss your criminal charges. He stops at nothing to preserve your rights and protect your freedoms. Call 317-636-7514 to schedule a consultation with an aggressive Indianapolis criminal
defense lawyer
you can trust.

Inmate Evaluation and Prison Assignment in Indiana

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Until the recent changes to the Indiana Criminal Code, anyone serving more than one year would be assigned to a prison rather than a county facility. But now, inmates are serving lengthier sentences in county jails, keeping prisons reserved for those facing extended periods of incarceration. Indiana is home to roughly 20 facilities that are designated as prisons. They range in security levels, categorized as either a minimum, medium, or maximum security facility.

Indiana Prisons

Minimum security prisons are set up in dormitory-style housing and less restrictive in terms of inmate security and privileges. They often include work-release programs as well. In fact, the Indiana Department of Corrections (IDOC) has 14 work-release institutions available for inmate placement. Medium security facilities are more restrictive, and usually designed with both dormitory housing and cell block living quarters. Maximum security prisons use the highest security measures for inmates, and divided in cell block fashion. Indiana has 6 minimum security prisons, 9 medium security prisons, and 4 maximum security prisons.

Inmate Placement

As of last year, The Indiana Department of Corrections uses a new system for inmate placement. In order to assign inmates to prison facilities in Indiana, each inmate is evaluated and then classified based on several factors, including the safety of the public, staff, and the offenders themselves, as well as, any educational, medical, or personal needs of offenders.

After sentencing, inmates are transferred to an intake facility, such as the Reception Diagnostic Center (RDC) in Plainfield, Indiana. There, they are evaluated and categorized, and then transferred to an assigned prison according to the factors mentioned above. This system ensures inmates are placed in the proper prison facilities.

Criminal Defense in Indiana

If you are facing criminal charges in Indiana, you need to have an aggressive and experienced criminal lawyer in your corner. They are your greatest hope at avoiding the maximum penalties for your suspected crimes. Depending on the details of your case, you could possibly evade jail time altogether! But without strong criminal defense, your future and your freedom are solely in the hands of the prosecution.

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law

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

Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal 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 criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Who Gets Arrested in a Domestic Violence Police Call?

If you are currently in an abusive relationship of any kind in Indiana, please visit The Indiana Coalition Against Domestic Violence to get the help and support you deserve.

Domestic Battery Crimes

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Domestic violence, also called domestic battery, is a crime that is defined in Indiana Code § 35-42-2-1.3 as any act of causing physical injury through intentionally touching to a current or former spouse. Domestic battery charges are serious, and can result in a Class A Misdemeanor or Level 6 Felony, depending on the severity and details of the crime, as well as the criminal history of the defendant. It also comes with a wide variety of legal penalties, including jail time, probation, protection orders,
child custody orders, intervention courses,
fines, fees, and much more.

If convicted of a Class A Misdemeanor, a person faces up to 1 year in jail, up to $5,000 in fines, and other court-ordered penalties like probation and intervention classes. A Level 6 Felony may render up to 3 years in prison and up to $10,000 in fines. You must retain the services of an experienced Indiana criminal defense lawyer for any chance at avoiding the maximum penalties handed down for domestic violence crimes.

What Constitutes a Spouse?

In Indiana, in order to be defined as a “domestic” battery charge, the two individuals involved must meet at least one of the following requirements:

• Spouse
• Ex-Spouse
• Share a Child
• Living Together as Spouses
• Used to Live Together as Spouses

Spouses are not just married and divorced couples in the eyes of the law. There are several factors that qualify a person as a “spouse” in a domestic battery case. Courts are obligated to consider these factors in order to determine whether or not two people are, or were, spouses.

They will consider the length of the relationship and the frequency of contact, as well as, whether or not they are financially interdependent, if they are raising children together, if they engage in activities or behaviors toward maintaining a common household, and more. If the two people are indeed considered spouses or former spouses, then it would be a domestic charge. But if a person is not a spouse in any regard, then the criminal charge would be a regular battery charge.

Who Gets Arrested at the Scene?

Many times, domestic violence calls are not made by the victims and abusers, but rather the neighbors and onlookers that call to notify police of a problem. In these cases, many people might wonder who, if anyone, will be arrested on a domestic violence police call. What if both individuals accuse the other person of battery? What if both individuals assert that no violence occurred? On the other hand, many calls are made by the victims, themselves. In these cases, who gets arrested? Will it be the accuser or the accused? Or both?

Many states have mandatory arrest policies for domestic violence calls. But in Indiana, it is up to the discretion of the responding police officers to determine if arrests need to be made. Depending on the circumstances at the scene, police may arrest one or both parties. If a cop is on the cautious side, they may make an arrest even for a simple argument between couples. If police believe that no assault occurred, it is possible that no one is arrested, but they may still follow procedures on making sure no further violence or dispute takes place. They do this by separating the two parties. It is common for an officer to politely assist one person in collecting some personal belongings and then escorting them to a safe place, such as a friend or relative’s house.

Accused of Domestic Violence in Indiana?

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you were recently arrested on a domestic battery charge in Indiana. He is an experienced and aggressive Indianapolis criminal defense attorney who will work hard to protect your rights and preserve your freedoms. We offer free initial consultations to discuss the best strategy for your defense. Call 317-636-7514 to get started today.

Can I Tape Record an On-Duty Police Officer?

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

With the abundance of audio and video technology available today, most people are walking around with cameras and smart phones that have high-tech capabilities. And with the combination of free Wi-Fi and personal hot spot zones, they can easily and instantly share and upload their recordings from almost anywhere. Over the past few years, a popular use for personal recording devices has been to record police encounters.

As more and more police brutality stories are hitting the news, more and more citizens are becoming paranoid of cops using excessive force or unfair use of their authority. For this reason, many more people are choosing to audio tape their personal encounters with law enforcement, while many others are choosing to video record on-duty police interacting with other citizens or suspects.

Your Rights to Record

But does the law set limitations for this? Are people allowed to record and publicize on-duty police? Lately, this has been a hot topic among law enforcement, the American public, and the Supreme Court. Many people believe it is an obstruction of justice, and even dangerous, to tape record on-duty officers. They argue that the right to film could cause problems conducting sensitive investigations, securing crime scenes, and even discourage people from speaking honestly with cops.

For instance, a couple of years ago Illinois passed an eavesdropping bill that punished anyone who recorded an on-duty police officer in a public place without consent of all parties. The penalty for violators included a felony charge and up to 15 years in prison. This law was later found unconstitutional in a federal appeals court since it violated free speech rights. The opposition filed an appeal against this ruling, but the Supreme Court declined to hear it. This left the federal appeals court conclusions, binding. This means that it is LEGAL in all 50 states to record on-duty police officers in a public place (without consent) as long as it does not interfere with them doing their job.

Sending the Right Message

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

It is important to remember that the police brutality videos shared over the years are not an accurate representation of all police officers whatsoever. Every person is different, and the cops that chose the poor behaviors recorded in such videos are individuals acting out on their own personal emotions and agendas. Many times, law enforcement is unfairly publicized in a poor light, giving the impression that they have done something inappropriate when they have simply followed protocol.

It is important to know the difference, and to also appreciate and respect our city’s first line of defense.

On the other hand, the duty of law enforcement is to protect, not intimidate. So if you believe you were unfairly treated by a police officer, it is recommended to contact a criminal defense lawyer to learn your rights. Choose a lawyer with experience and a passion for justice. Choose Attorney David E. Lewis.

Indianapolis Criminal Defense

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to learn your rights following an arrest in Indianapolis, Indiana. Our criminal defense law firm works around the clock to protect your rights and preserve your freedoms. David E. Lewis, Attorney at Law, has decades of trial and litigation experience, and will stop at nothing to obtain a more favorable outcome to your criminal charges. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense attorney you can trust.

A Fake ID Charge is More Serious Than You Think

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

It is that time of year when students bring their summer vacation to a close, and return to campus for another semester of school. One of the most common criminal charges that college students are arrested for, especially during back-to-school time, is using false identification to purchase alcohol or gain access into bars and night clubs. Although this is such a common offense among young adults under the legal drinking age, it is no less serious. In fact, the consequences of using a fake I.D. can be life-long, and affect a student’s reputation far after they graduate college.

The damaging effects of a fake I.D. charge on a person’s criminal record are reality, which is why it is critical to retain an experienced criminal defense attorney if you or someone you love is facing false identification charges. Continue reading to learn about the potential effects these kinds of charges can have on your life, and
what to expect when faced with them.

What to Expect From False ID Charges

You may wonder who would really care about a fake ID charge on your criminal record. After all, it seems like such a forgivable offense, right? Unfortunately, this notion is far from right. There are people and organizations that WILL care about a false identification charge on your criminal record. These mostly include the government and potential employers. Being arrested with, or for using, a fake ID makes a person look dishonest and untrustworthy to future employers and government organizations.

For instance, if you wanted to pursue a career in finance or other high-security field (engineering, intelligence, technology, etc.), this type of criminal charge could put you out of the running when up against other potential candidates for the job you want. At the same time, the government would view this criminal charge as a breach of trust, which can make it more difficult to get security clearances or obtain licenses. It can also impact an international student’s F1 Visa.

Actual Charges

When a person is arrested for using or having possession of a false ID, they will be charged with a misdemeanor depending on the state they committed the crime in. Some states charge it as an infraction, while others will charge it as a misdemeanor. In almost all cases, the charges will result in court fees, fines, and other penalties, such as probation, community service, and more. On the other hand, prosecutors have the jurisdiction to charge offenders with more serious offenses in the case of a fake ID arrest, including misdemeanor deception or felony forgery.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law

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

Call Attorney David E. Lewis at 317-636-7514 if you or a loved one was arrested for using a fake ID in Indiana. He will stop at nothing to protect your rights and preserve your freedoms. Our Indianapolis criminal defense law firm offers free initial consultations to discuss the options for your case. Call 317-636-7514 to schedule an appointment with Indianapolis defense lawyer, David E. Lewis, today.

The Laws Surrounding Graffiti Crimes in Indiana

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Graffiti can be quite stunning, but it can only be appropriate in the right setting. For instance, graffiti murals and paintings are a popular trend right now for commercial venues and businesses. But if graffiti is not welcomed, it becomes a legal issue. When a person graffiti’s public or private property, whether commercial or residential, they are committing a crime in the eyes of Indiana law. This type of graffiti is a form of property damage that falls under the crime of criminal mischief.

Criminal Mischief Charges

Criminal mischief is defined as “recklessly, knowingly, or intentionally causing damage or defacement to a property without their consent.” A person found guilty of such charges can face jail time, court fees, fines, and additional court-ordered penalties. But the extent of criminal charges for property damage offenses depends on the total value of damage. For instance, if a kid spray paints the side of a park bench, and the damage equals out to $200, the charges would be less serious; whereas, if a person graffiti’s an entire school playground and the damages add up to thousands of dollars, the criminal charges will be more serious.

Depending on the circumstances, a person facing criminal mischief charges for graffiti can be convicted of either a Level 6 Felony, Class A Misdemeanor, Class B Misdemeanor, or Class C Misdemeanor. Criminal mischief charges can be a Level 6 Felony if the damage was done to a school, church, community center, or a property adjacent to any of these, and the property damages are valued over $2,500. Criminal mischief charges can be a Class A Misdemeanor or Class B Misdemeanor if the property damages are valued less than $250.

It is important to retain the services of an experience criminal defense lawyer to increase your chances of reducing or dismissing charges and penalties for graffiti crimes.

Indianapolis Criminal Defense

David E. Lewis Criminal Defense Attorney

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

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss your criminal mischief charges in Indiana. As an aggressive and experienced Indianapolis criminal defense lawyer, he will work around the clock to obtain a more favorable outcome for you. Schedule a free initial consultation to learn your options for criminal defense. Call 317-636-7514, today.

Your Social Media Activity Can and WILL Be Used Against You in Court

Twitter, Instagram, Facebook, Snap Chat, and so on. There are numerous social media platforms to choose from. But just because you set your preferences to “private” doesn’t mean your social media is truly protected and hidden from others. Anything you choose to put on the internet is documented forever, and out there for the public to see. And people are now starting to realize this as prosecutors are using social media activity against defendants more and more. And they are doing this within their legal means. Continue reading to learn how social media can be used against you in court.

Social Media is Evidence

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

The government, social services, law enforcement, and of course, the court system, can legally use a person’s social media activity as evidence in a court of law or for other case proceedings. These agencies can easily prove that incriminating statements found on your social media pages came from your device and were posted by you by using certain identifying information. This includes your unique IP address, IP history, and Meta Data. This provides dates, times, locations, email addresses, connected accounts, cloud information, and more.

For instance, if you posted an image of you vandalizing school property on Instagram, and later arrested as a suspect for the crime, prosecution CAN and WILL use those pictures as evidence that you are guilty. And the evidence will be admissible in court.

In another example, if a person posts a statement bragging about beating someone up, their post can be used against them to prove that they are guilty of assault. On the other hand, if you were arrested as a suspect for a crime, but your social media places you in a different city or state at the time that the crime took place, you could be dropped as a suspect.

Social Media Advice

Be careful what you post online, especially if you are involved in any type of legal battle. The information you think is private is not private to everyone. And even if you delete posts, they still exist in IP history (which you cannot access and permanently delete either) for quite some time. If you are facing criminal charges, it is best to avoid social media use altogether. Law enforcement does need a warrant to investigate a defendant’s social media, but these are easy for them to acquire, and they will do it. This applies to court cases for child custody, divorce, and much more. Social media is so widely-used by people of all ages, it is a huge source of evidence in many types of court cases.

Criminal Defense in Indiana

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you were recently arrested for a crime, and now facing criminal charges in Indiana. He is an aggressive and experienced criminal defense lawyer that will stop at nothing to protect your rights and preserve your freedoms. He offers free initial consultations, so get in touch today! Let him build a strong and impactful defense on your behalf, and guide you in the direction of your best interests. Call 317-636-7514 to get started right away.

Are Synthetic Drugs Illegal?

Drug Crime Lawyer Indianapolis Indiana

Drug Crime Lawyer 317-636-7514

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

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

Illegal in Indiana

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

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

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

Indiana Criminal Defense

David E. Lewis Attorney at Law

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

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