When you first meet with our skilled Indianapolis misdemeanor attorney, he will sit you down, review your arrest, discuss your charges, explain the law, and learn about your goals for the case.
Attorney Julie Chambers was a deputy prosecutor for nearly five years before opening her criminal defense law practice and brings that unique experience to every case she handles. If you have questions about possession of marijuana charges in Indiana, contact Chambers Law Office today at 317-450-2971.
Well, it depends. The maximum penalty for a Class A Misdemeanor conviction in Indiana is one (1) year with a maximum fine of $5,000.00. However, few people actually serve one (1) year in jail for a Class A Misdemeanor conviction in Indiana.
Whether or not to grant you a pretrial diversion for your Class A Misdemeanor charges in Indiana is solely at the county prosecutor’s discretion.
MIP Laws and Statutes in Indiana Violation is classified as a Class C Misdemeanor. A Class C Misdemeanor carries a fine of up to $500 and a jail sentence of up to 60 days. It may also include mandatory drug or alcohol diversionary programs.
Class A Misdemeanors A class A misdemeanor is the most serious type of misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. For example, possession of up to 30 grams of marijuana is a Class A misdemeanor.
What Is The Penalty For a Class C Misdemeanor In Indiana? So, as we can see, the maximum penalty for a Class C Misdemeanor conviction in Indiana is one hundred and eighty (60) days in jail with a maximum fine of $500.00.
Three Classes of Misdemeanors in Indiana. Class A Misdemeanor: A Class A misdemeanor carries a penalty that ranges from 0 days in jail up to 1 year in jail. There is also a maximum fine of $5000.00. Class B Misdemeanor: A Class B misdemeanor carries a penalty that ranges from 0 days in jail up to 180 days in jail.
While it's true that a misdemeanor conviction can stay with you forever, it is also possible for it to be erased from your record. But this does not happen automatically after you've paid your fines and served your jail sentence. You must file a petition for an expungement to get the information removed.
In Indiana, for a misdemeanor, a law enforcement officer can generally only make a warrantless arrest for a crime that is committed in the officer's presence. However, there are exceptions to this rule, including domestic battery and theft.
Class C MisdemeanorsIndiana has three types of Misdemeanors: Class A Misdemeanors, Class B Misdemeanors, and Class C Misdemeanors. In Indiana, Class A Misdemeanors are the most serious and Class C Misdemeanors are the least serious.
Class CThe least serious misdemeanors are classified as Class C or Level Three. These crimes can result in fines and jail time of up to a year, and may also offer the chance of probation. The federal criminal code and the criminal laws of every state divide crimes into two levels, felonies and misdemeanors.
A misdemeanor might be considered a minor criminal offense compared to a felony charge, but it is a criminal offense. If you are convicted of a misdemeanor, the misdemeanor remains on your criminal record for the rest of your life, unless the court expunges the offense.
Absolutely. ALL misdemeanor convictions can be expunged under Indiana's Expungement law.
At the time of sentencing, under IC 35-38-1-1.5, Alternative Misdemeanor Sentencing, or AMS, allows the court to enter a conviction as a Level 6 Felony with the express condition that the conviction will be reduced to a misdemeanor if certain conditions are met, including the consent of the prosecuting attorney.
Class D felonies include: • Operating a vehicle while intoxicated. • Marijuana possession – 30 grams or more. • Theft – valued at $750 or more. • Counterfeiting.
You can go to war at age 17, however, you must be 21 to legally possess or consume alcohol in Indiana. Although this is the lowest-level crime in Indiana (a Class C misdemeanor) and your chance of spending time in jail if convicted is close to 0%, avoiding a criminal conviction (especially at an early age) is a big deal.
Under state law, it is illegal for anyone under the age of 21 to possess or consume alcohol in public in Indiana. If a minor is caught attempting to purchase, consume, or transport alcohol in any form in Indiana, they can face stiff penalties that can follow them throughout their lives.
There are several good reasons to hire a qualified defense attorney to help fight your MIP charge.
With over 120 years of combined legal experience, The Criminal Defense Team has the credentials to get the positive outcome you need. We pride ourselves on providing aggressive and compassionate legal counsel for all of our clients, regardless of the charges against them.
We will do all we can to defend you against an MIP charge. Some of the possible defenses we may employ include the following:
According to Indiana state law, it is illegal for anyone under 21 years of age to possess, consume, or transport an alcoholic beverage. Violation is classified as a Class C Misdemeanor.
Here are some helpful information and statistics regarding MIP charges in Indiana:
The legal age in Indiana is 21. It is illegal for a minor under 21 to either possess or imbibe alcohol. Possession and consumption must be done knowingly. Minor in possession is a Class C misdemeanor. In addition to the usual penalties, a conviction is also potentially accompanied by alcohol treatment and driver’s license suspension.
“Criminal mischief” is a catch-all phrase that covers (1) vandalism of another’s property and (2) financial loss or property damage caused by lies or threats. Criminal mischief must be done knowingly, recklessly, or intentionally. For instance, if you graffiti someone’s garage, smash someone’s car windows, or drive over someone’s mailbox, you have committed criminal mischief .
The state of Indiana criminalizes hundreds of activities ranging from violent offenses to minor disturbances. While misdemeanors are less serious crimes that are often victimless, involve only slight injury, or are otherwise immoral or offensive to society in general, it is always a good idea to consult a knowledgeable Indianapolis misdemeanor attorney if you have been charged with a crime. While the penalties are not as severe as those for felony offenses in Indiana, misdemeanors do carry the threat of incarceration, large fines, and onerous conditions such as weekly reporting, frequent drug testing, community services, and classes. In addition, misdemeanor convictions can affect your employment, your family, and your rights. You may not be inclined to take a misdemeanor seriously simply because it isn’t accompanied by a particularly long period of incarceration or because you have received a favorable sentence in the past from a judge. However, each case is different, and many factors affect the outcome of your case, such as the quality of your attorney, who the prosecutor and judge are, how adamant any complainants are about punishment, your criminal history, and any mitigating arguments or evidence. In order to contest the Indiana misdemeanor charges, you need Indianapolis law firm Eskew Law LLC on your side.
While preparing for trial or reviewing the case for possible defenses, it is important to be completely honest with your attorney. Your criminal defense lawyer will be reviewing the case for any issues that can raise reasonable doubt. You and your attorney will discuss how you were stopped and why, what happened in your interactions with the police, how and why you or your property were searched, where the marijuana was found, and whether anyone else was involved.
If a client does not have any prior criminal convictions, they may be offered a pre-trial diversion or conditional discharge. These are two different things, but lead to a similar result.
After the Arrest: Possession of Marijuana Charges. After you are arrested or stopped by the police for possession of marijuana, criminal charges may be filed. If you are not arrested on scene, the officer may give you a summons. This is a notice that you will be charged with a crime and need to appear before a judge at a later date.
If the person has a prior conviction of possessing marijuana and is found to posses more than 30g, the offense is enhanced to a Level 6 Felony, carrying a sentence of 6 months to 2 1/2 years and a maximum fine of $10,000.
If there are any search and seizure issues, your attorney may file a Motion to Suppress Evidence, which asks the court to keep out certain evidence that may have been found illegally. These issues may be decided before or during a trial if you are not able to resolve the case ahead of time.
Possession of marijuana in Indiana is a crime. Regardless of your beliefs about marijuana and whether it should be legal or not, the law is clear in Indiana. Possession of less than 30g of marijuana is a Class B misdemeanor ( IC 35-48-4-11 ). This carries a maximum penalty of 180 days in jail and/or a $1000 fine.
Alternatively, if a client does have prior criminal convictions, they may not qualify for pre-trial diversion or conditional discharge. In those cases, if the person does not want a trial, the case may be resolved through a plea agreement.
Either way, if charged, you will be facing a criminal misdemeanor or felony charge.
Possession of Paraphernalia. Possession of paraphernalia is a Class C misdemeanor, carrying a maximum sentence of 60 days in jail and a maximum fine of $500. If the person has a prior conviction for possessing paraphernalia, the offense is enhanced to a Class A misdemeanor, with a maximum sentence of 356 days in jail and maximum fine of $5000.
The attorneys are Chambers Law Office focuses the majority of their practice on criminal defense, including drug cases such as possession of marijuana or paraphernalia charges.
If the person has a prior conviction of possessing marijuana and is found to posses more than 30g, the offense is enhanced to a Level 6 Felony, carrying a sentence of 6 months to 2 1/2 years and a maximum fine of $10,000.
While the debate regarding legalization of marijuana continues around the country, the fact still remains that it is illegal to possess marijuana or drug paraphernalia in Indiana. If you find yourself accused of possession of marijuana or paraphernalia, these charges can have serious consequences and you should seek the advice ...
Well, first, we need to understand what is a Misdemeanor in Indiana. In Indiana, criminal offenses can be categorized into two categories: 1) Misdemeanors; and. 2) Felonies. In Indiana, and most other states, felonies are the more serious crimes that usually have the potential for jail time in excess of one (1) year.
The maximum penalty for a Class A Misdemeanor conviction in Indiana is one (1) year with a maximum fine of $5,000.00. However, few people actually serve one (1) year in jail for a Class A Misdemeanor conviction in Indiana.
In some states, misdemeanors are removed from a person’s criminal record after a certain number of years. However, in Indiana, once convicted of any misdemeanor in Indiana, it will always remain on your record unless you have your criminal record expunged.
If a person successfully completes the pretrial diversion program, which are often 6 months to a year in length, then the Class A Misdemeanor charges and/or other charges are dismissed. This is the best outcome for a defendant as you will not have a conviction on your record.
Sometimes, the State will dismiss the Class A Misdemeanor charges for various reasons. If a witness becomes unavailable or changes their story, or if evidence is suppressed, excluded or exculpatory (indicating innocence), the State might dismiss the Class A Misdemeanor charges against a person.
Many people also want to know if they are able to purchase a gun with a Class A Misdemeanor conviction in Indiana. And again, the answer is “it depends.”. Generally, most Class A Misdemeanor convictions in Indiana do not prohibit a person from purchase or possessing a firearm.
While a prosecutor in one county in Indiana may be willing to offer a particular defendant a pretrial diversion for a certain Class A Misdemeanor, another county prosecutor may not be willing to do so for the exact same Class A Misdemeanor.
If you are charged with a crime, no matter what the charges, you should talk to a local criminal defense attorney. An attorney can tell you how your case is likely to be treated in court, based on the law, the facts of your case, and the assigned judge and prosecutor. A good attorney will make the best arguments on your behalf so that you can obtain the most favorable outcome under the circumstances.
When the statute of limitations has expired, the crime can no longer be prosecuted. In Indiana, the typical limitation period for a misdemeanor is two years. (Ind. Code Ann. § 35-41-4-2 (2019).)
You can help the attorneys better evaluate your case by providing information about the alleged crime, dates, and locations of any court appearances. First Name Step 1 of 4. Last Name Step 2 of 4. Email Address Step 3 of 4. Phone Number Step 4 of 4.
If you are charged with a crime, no matter what the charges, you should talk to a local criminal defense attorney. An attorney can tell you how your case is likely to be treated in court, based on the law, the facts of your case, and the assigned judge and prosecutor.
A Class C misdemeanor is punishable by up to 60 days in jail and a fine of up to $500. Driving under the influence (DUI) is a Class C misdemeanor if it is the person's first DUI offense and the person's blood alcohol content (BAC) is over .08 but less than .15. (Ind.
In Indiana, there are 5 types (or “schedules”) of controlled substances that are classified according to their characteristics such as their medicinal properties and the potentiality for substance abuse. These 5 types are:
Penalties for drug offenses may vary depending on the amount and type of drug you were caught in possession of, along with other circumstances that may exist which may include any of the following:
In Indiana, sentencing a criminal offense for drug possession can be classified into two categories: