Recent Blog Posts
Understanding Controlled Substances and Enhancing Circumstances
Under the Indiana Code, a “controlled substance” means any “drug, substance, or immediate precursor in schedule I, II, III, IV, or V” according to Indiana law. There are a wide range of drugs that are classified under these schedules, ranging from prescription drugs (that it may be lawful to possess with a valid prescription… Read More »
Understanding Fentanyl Drug Charges in Indiana
In recent years, deaths connected to the use and abuse of fentanyl have risen across the country. Indeed, according to the US Drug Enforcement Administration (DEA), fentanyl overdose and other synthetic opioid deaths rose by more than 55 percent between 2020 and 2021, and that number remains extremely high. The DEA reports that fentanyl… Read More »
Is Any Statement Made Out of Court Considered Hearsay?
As you might know, evidence that constitutes “hearsay” is not generally allowed to be used in a court case unless the particular type of hearsay falls into one of the exceptions under Rule 803 of the Indiana Rules of Evidence. Yet it can be hard to understand exactly what this means in general, and… Read More »
Indiana Law on Statutory Rape
Indiana does not have a specific statute for statutory rape, as many other states do, but it is a criminal offense for an adult to have any type of sexual interaction with a minor or a juvenile. In states with specific statutory rape laws, the aim is typically to protect juveniles from sexual interactions… Read More »
How is a Petition for Clemency Decided in Indiana?
Was a parent or spouse convicted of a criminal offense in the past and is still serving the terms of a sentence involving incarceration? Whether you are currently incarcerated yourself or you are thinking about a close family member or other loved one, it is important to know about the possibility of clemency and… Read More »
HB 1137 and Expungement of Red Flag Law Records
A new bill (House Bill 1137, or HB 1137) was recently introduced in Indiana that would require a court to “expunge certain records related to the red flag law if the court finds that an individual is not dangerous.” If the proposed legislation became law, it would also permit a court to “expunge certain… Read More »
Your Rights in a Traffic Stop Involving an Unmarked Police Vehicle
For any driver in the Indianapolis area, it is crucial to know your rights during a traffic stop. You have various rights under the Fourth and Fifth amendments to the US Constitution. A law enforcement official cannot conduct a search of your vehicle or a search of your person without a valid warrant or… Read More »
OWI Offenses Involving Minors
The Indiana Code recognizes a wide range of criminal offenses that can arise out of operating a vehicle while intoxicated (OWI). Under Indiana law, an OWI can involve alcohol intoxication, drug or controlled substance intoxication, or a combination of the two. Depending on various factors, an OWI offense can be charged as a misdemeanor… Read More »
What is an OWI for Drugs?
If you are stopped for driving a vehicle while you are intoxicated, then you can face charges for an offense under IC 9-30-5 known as operating a vehicle while intoxicated (or OWI). This is a type of offense that is commonly known in other states as driving under the influence (DUI) or driving while… Read More »
What is Assault with a Firearm?
While Indiana law includes a range of criminal offenses related strictly to the possession or use of a firearm, there are many criminal offenses that become more severe when they are committed with a firearm. One of those areas of criminal charges include offenses related to assault. Unlike other states that have a specific… Read More »