More and more states are legalizing the purchasing and selling of marijuana. All across the country retail stores have popped up creating a huge legal industry selling pot in all types of strains and forms. However, in Indiana dealing and possession of marijuana remain illegal. In today’s blog we look at the crime of Dealing in Marijuana in Indiana. Indiana Code that addresses with Dealing in Marijuana is I.C. 35-48-4-10. Indiana first defines what dealing…
The legalization of marijuana continues to spread across the United States. Although possession of marijuana is still illegal in Indiana, all of Indiana’s neighboring states have legalized marijuana either recreationally or medically. In fact, at the time of this writing, only 6 states currently have no legal avenue in which to consume THC, the mind altering ingredient in marijuana. With the widespread legalization of marijuana, there has developed a massive interest in growing and cultivating…
Many times, when we are representing defendants against criminal allegations, our clients often ask what a judge might consider when imposing a sentence after a guilty verdict at trial or as part of a guilty plea where the parties are free to argue the sanction to be received. While there are a myriad of considerations that go into a possible sanction, such as the defendant’s history/characteristics, the victim(s) wishes, testimony at the sentencing by witnesses,…
A sentence for a criminal offense can be either executed or suspended. When a sentence is suspended, some or part of the sentence is typically served on probation, but the defendant is otherwise free to travel within the state. Crimes that are eligible to be suspended at sentencing are often referred to as “suspendible” offenses. If a defendant is convicted of a crime that is not eligible to be suspended at sentencing, the crime is…
When the founders of our country wrote the Constitution and the Bill of Rights, photos did not exist, audio and video recordings did not exist, GPS did not exist, and everything written was on a physical piece of paper. As technology has developed over the past 250 years, Courts have sometimes struggled to take the 4th Amendment language, written in the late 18th century, and apply it to modern society. One more recent application is…
Jury trials are often dramatized on television and in movies. The plot of several popular TV shows revolves around the courtroom drama between prosecutors, witnesses, defense attorneys, and judges. The accuracy of the portrayals of jury trials varies from show to show. In a general sense, here is how “real life” jury trials unfold in Indiana. The first day of all jury trials start with jury selection, commonly referred to as voir dire. Voir dire…
You have been charged with a crime. It is probably one of the most stressful times you have ever had in your life. You may have just spent a miserable night or two in jail and are completely exhausted. However, now you have a very important decision to make. Who should I hire as my criminal defense attorney? In this blog we will list 10 questions you should ask when talking to a potential attorney…
In the State of Indiana whenever someone is charged with an offense, they will fall into one of three categories: 1. Felony, 2. Misdemeanor, or 3. Infraction. An infraction is what most of us know as a traffic ticket. These do not carry a potential for imprisonment since they are civil matters. Rather it means you’ll pay a fine. A great example is a speeding ticket being an infraction. A felony charge is one that…