Criminal Law

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CBD Oil and DUI’s in Indiana

Can Consuming CBD Oil Result in a DUI in Indiana? As of July 1, 2018, the Indiana General Assembly has put into law language that allows for Hoosiers to possess cannabidiol (or CBD) oil for recreational use or dietary consumption.  Under Indiana Code (IC) 35-48-1-17.5, Hoosiers are allowed to possess “low THC hemp extract” products which are defined as being “derived from Cannabis sativa L.” OR “contain[ing] not more than 0.3% delta-9-THC (including precursors).”  In…

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Indiana Senate Bill 98 – Specialized Driving Privileges

A Look at Indiana Senate Bill 98 – Specialized Driving Privileges – Under state law, Indiana courts can order the Bureau of Motor Vehicles (BMV) to suspend a person’s driving privileges (driver’s license) for certain reasons.  Also, state law requires the BMV to suspend a person’s driver’s license for certain violations.  However, Indiana law says that some people under certain circumstances can be granted “specialized driving privileges” (SDP). An SDP is similar to what used…

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Lifetime Sex Registry in Indiana

A Quick Guide to Lifetime Sex Registry in Indiana When you are facing a sex crime allegation, the stakes are incredibly high. Be it from a risk of significant time in jail, to high fines, to the sex registry, to the social stigma of the conviction, sex crimes are often thought of as the one of, if the not the most significant, charges you can face. As such, without question, the sex registry is one of…

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Charging Parents in Mass Shootings

Charging Parents with a Crime when Kids use their Parents’ Guns Unlawfully Recently, there have been shootings by minors in public areas such as schools. Because one has to be eighteen and have a permit to carry a gun, some of these minors possess firearms from their parents. One of the questions surrounding this issue is what can parents be charged with if their child possesses and uses their firearm to commit a crime, without…

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Indiana Implied Consent and Language Barrier Issues

Language Barrier Issues & the Indiana Implied Consent Law – I am a police officer.  I have probable cause to believe that you have operated a vehicle while intoxicated.  I must now offer you the opportunity to submit to a chemical test and inform you that your refusal to submit to a chemical test will result in the suspension of your driving privileges for one year.  If you have at least one previous conviction for…

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Sentencing Ranges, Fines, & Credit Time Calculators

Quick Reference Guide: Sentencing Ranges, Fines, & Credit Time Calculators: – Many of the questions we field at the office revolve around possible sentencing ranges for particular crimes, possible fines, and how much of the total sentence a defendant can be expected to serve if they are given an executed sentence. Given this information is spread out in so many places, we thought it would be helpful to combine those three topics into easy to…

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Graphic Display of Field Sobriety Tests Administered in Indiana for DUI Arrest

FST picto

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Motion to Suppress Evidence in Indiana

A Look at Motions to Suppress Motion to Suppress, What is it and When Should it be Used One of the tools in war chest of every Indianapolis criminal defense lawyer is the Motion to Suppress.  A Motion to Suppress is basically a motion an attorney can file asking the judge to order that certain evidence is removed from the case and not able to be used in the trial due to some sort of…

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.