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B. HICKS LAW
PLLC
Criminal Defense & Personal Injury
Northwest Indiana Marion County Central Indiana
Indiana
Practice Areas
B. Hicks Law believes that clients in the state of Indiana should be apprised of their rights, provided with accurate and timely information about their options, and supported while they navigate the complexities of the law.
Whether facing minor misdemeanors or serious felonies, having an experienced, knowledgable Criminal Defense Attorney is pivotal to safeguarding your rights, securing fair treatment, and striving for the most favorable outcome possible in your case.
FAQs
In Indiana, DUI, also referred to as OWI (Operating While Intoxicated), occurs when an individual operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. DUI laws also encompass driving under the influence of drugs, regardless of whether they are prescription medications or illicit substances.
What is the legal blood alcohol content (BAC) in Indiana?
The penalties for a DUI conviction in Indiana can be severe and vary based on the number of prior offenses and aggravating factors. For first-time offenders, potential consequences may include fines, license suspension, probation, mandatory substance abuse treatment, and community service. Subsequent offenses carry even harsher penalties, including longer license suspensions, mandatory jail time, and the installation of an ignition interlock device.
What are the potential consequences of a DUI conviction in Indiana?
In Indiana, you have the right to refuse a breathalyzer test or field sobriety tests; however, there are consequences for doing so. Indiana has an "implied consent" law, which means that by obtaining a driver's license, you've implicitly agreed to chemical testing (like a breathalyzer) if you're suspected of DUI. Refusing such tests can result in immediate license suspension, and prosecutors may use your refusal as evidence in court.
Can I refuse a breathalyzer or field sobriety tests in Indiana.?
FAQs
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What are the potential penalties for drug possession in Indiana.?
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Possession of a controlled substance without a valid prescription is illegal in Indiana. The penalties vary depending on the drug's schedule, the amount in possession, and the individual's criminal history. Generally, drug possession is charged as a misdemeanor, but repeat offenses or possession of larger quantities can escalate the charges to felonies.
How does the severity of drug charges vary based on the type of drug involved in Indiana?
The manufacture, distribution, or trafficking of controlled substances is a serious offense in Indiana. Penalties for drug dealing are more severe than possession charges and can lead to lengthy prison sentences and hefty fines. Trafficking across state lines or involving larger quantities can result in federal charges.
What's the difference between possession, distribution, and trafficking of drugs in Indiana?
Possession involves knowingly having control, custody, or ownership of a controlled substance.
Distribution involves the act of transferring controlled substances to another person. This can include selling, trading, or giving drugs to someone else. Distribution charges can be based on the quantity and type of drugs involved, as well as evidence of intent to distribute.
Trafficking typically refers to the illegal trade, transportation, or movement of controlled substances across state or national borders. It often involves larger quantities of drugs and is considered a more serious offense than simple possession or distribution. Trafficking charges can result in severe penalties due to the potential impact on communities and society at large.
FAQs
Common gun charges in Indiana may include: Carrying a Handgun Without a License, Possession of a Firearm by a Felon, Unlawful Transfer of a Firearm, Criminal Recklessness with a Deadly Weapon, and Illegally selling, transferring, or giving firearms to prohibited individuals
What are the common types of gun charges individuals may face in Indiana?
Penalties for illegal possession of a firearm in Indiana vary based on factors like criminal history, type of firearm, and circumstances of possession. Charges can range from misdemeanors to felonies, with potential fines and incarceration.
What are the potential penalties for illegal possession of a firearm in Indiana?
If your firearm rights have been revoked due to a felony conviction or other reasons, it's crucial to comply with the law. Continuing to possess firearms could lead to additional criminal charges. If you believe your firearm rights were revoked in error or if you believe you're eligible for restoration of those rights, you should consult with an attorney who specializes in firearms and criminal law. They can guide you through the process of potentially regaining your firearm rights if applicable.
What should I do if my firearm rights have been revoked in Indiana?
FAQs
Under Indiana law, battery is classified as a Class B misdemeanor encompassing various forms of physical harm, including hitting, punching, kicking, or any unwanted contact that results in bodily injury to another individual. Moreover, battery can be elevated to a felony charge if it involves certain aggravating factors, such as the use of a deadly weapon or causing serious bodily harm.
How is battery defined legally in Indiana?
Indiana recognizes different degrees of battery based on the severity of the offense.
Are there different degrees of battery charges based on the severity of the incident in Indiana?
Assault involves intentionally placing another person in apprehension of imminent physical harm. Aggravated assault, on the other hand, typically involves more serious circumstances that escalate the level of threat or harm, such as using a deadly weapon or causing serious bodily injury.
What distinguishes assault from aggravated assault in Indiana?
FAQs
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Indiana law defines domestic violence as any act committed against a family or household member that results in physical harm, bodily injury, or the threat of violence.
What constitutes domestic violence under the law in Indiana?
To protect victims from further harm, Indiana allows victims of domestic violence to obtain protective orders, commonly known as restraining orders. These orders restrict the alleged abuser from contacting or being within a certain distance of the victim and may also include other protective provisions.
What protective orders or restraining orders can be issued in domestic violence cases in Indian?
A domestic violence conviction in Indiana can lead to various consequences, including jail or prison time, fines, probation, mandatory counseling or anger management programs, restraining orders, and a criminal record. Additionally, a domestic violence conviction can impact employment opportunities, housing options, and the right to possess firearms.
What are the potential consequences of a domestic violence conviction in Indiana?
FAQs
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Indiana's sex crimes laws are designed to prosecute offenders, provide justice to victims, and maintain public safety. Indiana's legal system categorizes sex crimes into different degrees, depending on the severity of the offense. These classifications range from misdemeanors to felonies, with the penalties increasing as the severity of the crime escalates.
How are sex crimes defined in Indiana?
Indiana enforces Megan's Law, which requires sex offenders to register with the state's sex offender registry. The registry is publicly accessible and serves as a crucial tool for communities to be aware of sex offenders living in their area. Offenders are categorized into different tiers based on their risk assessment, determining the extent of public disclosure. Additional consequences may include Lifetime Electronic Monitoring Lifetime for those deemed to be at high risk of reoffending and/or rehabilitation and treatment.
What are the potential consequences of a sex crime conviction in Indiana?
FAQs
Theft, as per Indiana Code Title 35, Article 43-4, occurs when a person knowingly exerts unauthorized control over someone else's property with the intent to deprive the owner of its value or use. The law encompasses various forms of theft, such as shoplifting, embezzlement, auto theft, and more.
How is theft in Indiana defined?
Indiana classifies theft into several degrees, depending on the value of the stolen property and other relevant factors. The degrees include: a. Class A Misdemeanor: Theft of property valued at less than $750. b. Level 6 Felony: Theft of property valued between $750 and $49,999. c. Level 5 Felony: Theft of property valued between $50,000 and $99,999. d. Level 4 Felony: Theft of property valued between $100,000 and $999,999. e. Level 3 Felony: Theft of property valued at $1,000,000 or more.
Are there different degrees of theft charges in Indiana?
The penalties for theft convictions vary based on the degree of the offense. Misdemeanor theft may result in up to one year of imprisonment and fines up to $5,000, while felony theft can lead to several years of incarceration and higher fines. Additionally, those convicted of theft may be required to pay restitution to the victim.
What are the potential consequences of a theft conviction in Indiana?
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