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November 15, 2017

Current Marijuana Laws in Indiana

While many states have started legalizing marijuana to different degrees, Indiana still punishes all forms of possession or dealing marijuana as a criminal violation.  The legislature has lessened the penalties over the year, but it still remains a crime to possess or deal in marijuana. So, for today’s blog we take a look at the laws that are currently in effect in Indiana regarding marijuana.  We will start by taking a look at Indiana Code 35-48-4-10.  This section of the code creates the laws regarding dealing in marijuana(among other substances).  If you knowingly or intentionally manufacture, finance the manufacture, deliver or finance the delivery of marijuana or if you possess it with the intent of manufacturing or financing the marijuana […]
November 12, 2017

An Affidavit for Probable Cause in a DUI

A Quick Guide to Reading and Understanding an Affidavit for Probable Cause in a DUI State Form 44213 (click here to view) – Being pulled over by a police officer for any reason is a stressful event. However, multiply that anxiety by 10 if you are being pulled over when you know you are operating a vehicle while over the legal limit and facing a DUI. If you have faced that situation, you inevitably have been subject to criminal prosecution. We have written many, many blogs on the topic of DUI law, and you can read those blogs here. Yet, there aren’t many blogs on analyzing the many documents you will receive as part of the discovery process in your […]
October 29, 2017

Indiana Parenting Time Guidelines and Additional Parenting Time

The Indiana Parenting Time Guidelines and the “Opportunity for Additional Parenting Time” – One of the most frequently asked questions by separated parents is – “When will I be able to see my children?”  When parents cannot otherwise agree, the Indiana Parenting Time Guidelines (the “Guidelines”) set out the minimum standards for parenting time for the non-custodial parent.  The Guidelines set out a regular schedule, a holiday schedule, as well as extended parenting time.  The Guidelines are in place to make sure that each parent has the ability to exercise regular and frequent contact with their children, not to limit one parent’s access to children.  Even when the Court enters an Order granting the non-custodial parent parenting time pursuant to […]
October 22, 2017

Community Corrections Violations and Credit Time

Can Community Corrections Take Away Credit Time on Violations?  – Recently in Richard Shepard v. State of Indiana, under case number 84S01-1704-CR-00190, the Indiana Supreme Court ruled that the director a Community Corrections program lacked the authority to deprive a defendant’s good time credit. In 2013, Shepard pleaded guilty to dealing in cocaine as a class B felony and, in exchange, received an 11-year sentence in the DOC with 900 days total credit, including 450 days pre-trial, good-time credit. In 2015, Shepard petitioned for modification of his placement and the court allowed him to serve the balance of his sentencing in the Vigo County work release program. On April 20, 2016, the State file a motion to revoke his probation […]
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