Criminal Law Legal Services

 

Drug Cases

The Indiana Legislature has imposed extremely strict penalties for commission of certain drug offenses. Cases involving dealing of controlled substances including: cocaine, crack cocaine, methamphetamine, heroin, and other classes of controlled substances can carry prison terms has high as fifty years. These are extremely serious cases and require careful evaluation.

Even possession of as little as three grams of cocaine can result in a Class B felony conviction, carrying a range of penalty between six and twenty years in prison.

Thousands of marijuana cases are filed in this county alone each and every year, and Bruce Graham has conducted jury trials in marijuana and other drug cases with the following results:

  • Conservation officer observes man throw marijuana into lake. Not guilty after jury trial.

  • Man possesses small amount of cocaine in baggie in truck. Not guilty after jury trial

  • Marijuana located in floor board behind driver’s seat. Not guilty after jury trial and Habitual substance offender dismissed.

  • Marijuana located in individual’s pocket. Not guilty after jury trial and habitual substance offender dismissed.

  • Passenger sitting in car with marijuana smoke emanating from vehicle and marijuana located in vehicle. Not guilty after jury trial.

  • Marijuana located in pocket State dismisses case after presentation of their own evidence.

Keep in mind that progressive penalties are imposed for subsequent convictions via Indiana’s Habitual Substance Offender Statute. An additional one to eight years in prison can be added on, even to minor marijuana possession cases, if there are two or more prior unrelated substance abuse offenses.

If I can answer questions about your case please call.

 


Felony Cases

Felony cases, other than drug cases and operating while intoxicated cases, include offenses such as theft, forgery, battery, robbery, rape, and a multitude of other miscellaneous felony offenses.  Before you consider representing yourself on a felony, consider that a single felony conviction in Indiana renders a subsequent sentence on a felony conviction non-suspendable.  Mandatory prison terms may apply.  Further, the general habitual offender statute in Indiana can add an additional thirty years in prison for a third unrelated criminal offense.

You must consult with a lawyer on any felony case charged in Indiana.

 


Misdemeanors

Misdemeanors in Indiana can span a wide array of criminal offenses.  Certain misdemeanor criminal offenses can result in more serious penalties being imposed for subsequent offenses. For instance, a second domestic battery may be charged as a felony.  A second possession of marijuana case may be charged as a felony.  There are literally hundreds of scenarios which are impossible to summarize herein, but if you have questions you should consult with an experienced attorney. The attorneys at Graham Law Firm will be happy to assist you in this matter.

 


Operating While Intoxicated DUI OWI

Operating While Intoxicated cases are the most complex criminal cases in Indiana.  An extensive morass of legislation, which changes frequently, has been promulgated in response to increased pressure from the federal government, and special interest groups, to increase the penalties for operating while intoxicated.

The successful attorney in these cases must be knowledgeable of the various testing devices utilized, including portable breath test devices, and the most commonly used desk top breath machine in Indiana, the DataMaster.  Attorneys must also be familiar with standardized field sobriety testing procedures, and whether or  not the chemical tests or the field sobriety tests, have been conducted in accordance with mandated standards.

Again, there are increasingly severe penalties imposed for subsequent convictions.  A second conviction for operating while intoxicated within five years is a Class D felony carrying a six month to three year range of penalty.  A third conviction for operating while intoxicated can result in a range of penalty between three and one half to eleven years in prison.

The license suspensions are also progressively more serious based on subsequent OWI convictions.  A second conviction within ten years carries a one year minimum mandatory license suspension, and a second conviction after ten years carries a one hundred eight day minimum license suspension.

I have included an extensive library regarding operating while intoxicated cases which can be located here.

If  I can answer questions about these cases do not hesitate to contact me.