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Is Possession of Drugs a Felony or Misdemeanor?

Assorted Drugs Strewn Across a Table

Understanding Indiana Drug Charges

Navigating the various types of state drug charges can be a stressful and confusing challenge. There are so many questions that need answering! “How much time do you get for a drug charge?” “What drugs are felony charges?”

Today, we are going to dive into the these and other critical questions. By the end, you should have a basic understanding the different types of drug charges and their potential consequences. Let’s jump right in!

Are All Drug Charges Felonies?

Actually, most people convicted of a drug-related offense end up with a misdemeanor on their record. While these crimes are nothing to laugh at, they don’t carry as heavy penalties as felony charges. With sufficient time and good behavior, these can even be removed from your permanent record (typically).

Let’s take a deeper look at the drug charge classifications and see which carry the steepest penalties.

Classification

What are the Different Drug Charges?

While most individuals charged with a drug-related crime face possession charges, there are a variety of crime classifications. The lines dividing (relatively) minor and major crimes may be smaller than you realize. Personal criminal history also plays a role in charge severity, but we’ll talk about that later.

Types of Drug Charges

  • Drug Possession
  • Manufacturing or Cultivation
  • Trafficking
  • Distribution
  • Violation of Medical Marijuana Statutes

Misdemeanors

What are Misdemeanor Drug Charges?

Marijuana is one of the most common substances involved in Indiana drug charges. While it is considered a Schedule I substance, it typically serves as the exception to typical penalization in cases involving highly controlled substances. Individuals charged with possession or cultivation (in limited amounts) will likely be charged with a misdemeanor. Prior conviction(s), when combined with possession of a high volume of marijuana or a derivative substance may face a felony charge.

Do first time drug offenders go to jail? Not usually. Many people caught with lesser controlled substances may never see jail time (unless the amount in their possession is substantial). Minor offenses often result in simple fines or rehabilitation programs.

Felonies

What Drugs are Felony Charges?

Substances classified as Schedule I (with the exception of Marijuana and related derivatives), II, or III according to Indiana state law will frequently cause a drug crime to be charged as a felony. While mitigating circumstances and lack of prior criminal history may cause some low-level felonies to be downgraded to misdemeanors, these are the exception (not the norm).

Felony Crimes May Include…

  • Possession, distribution, trafficking, manufacture, and/or cultivation of these heavily controlled substances.
  • Repeat offenses involving Schedule IV and V substances.
  • Offenses involving high volumes of Schedule IV and V substances.

Individuals caught trafficking (dealing) or distributing drugs often face the worse penalties. What is the jail time for selling drugs? We’ll touch on that in a little while.

Dropped Charges

Can Drug Charges Be Dropped?

Mitigating circumstances, substance scheduling, the defendant’s criminal history, and the skill of the criminal defense attorney all play a factor in whether or not charges will be dropped. For minor offenses, many courts opt for rehabilitation programs if the defendant will simply pay applicable fins and court costs. Afterwards, the charges may be dropped and the individual’s record cleaned. A criminal defense attorney will offer more thorough details.

Potential Jail Time for Drug Charges

How much time do you get for a drug charge? That ultimately depends on the classification of the crime and prior history of the defendant. If the individual was hit with drug charges while on probation (for instance), they will face a higher likelihood of significant jail time. The same can be said for the price of bail services. While pricing varies from state to state – your Indianopolis pricing won’t be the same as posting bail in Lebanon, PAcriminal penalties and bail both trend upwards for repeat offenders.

Individuals charged with misdemeanors may face up to a year of incarceration, though that may be doubled if the offense took place within 1000 yards of a school zone. Those charged with a more serious drug offense may be charged with anything from a Level 6 to a Level 2 felony. Prison terms range from six months (Level 6 min) to 30 years (Level 2 max).

A Man Stands With Hands Cuffed Next to a Table With Drug Products

Need Reliable Bail Services?

Drug charges already bring so much stress and anxiety. On top of this mess comes the concerns about pretrial trial lockup, where some defendants spend weeks or even months prior to their trial. Our team at Indiana Bail Bonds would love to help you!

With timely bail services for drug charges in Indianapolis, IN, our service allows you (or a loved one) to skip almost all pretrial jail time. That’s valuable time where you can continue earning income, meet with family, and coordinate with your defense attorney. To learn more about our local services, call 317-423-9300!

Can You Bail Out of Jail On a Probation Violation?

If you have had the misfortune of violating your probation, it may be a confusing system of rules to navigate. Certain behaviors or actions can be a cause of probation violations in certain states while they can differ slightly in others. It’s important to know that probation laws vary by state and are governed by state and federal laws.  Indiana Code 35-38-2, in turn, establishes that the state courts have significant authority over your probation. A lot of flexibility is therby given with Indiana probation laws in creating terms or determining if there should be further punishments from a violation.  Here we’ll take a look at consequences and rules if ever you have undergone a probation violation.

Probation Violation Consequences
When you’ve violated your probation there can be many consequences.

Probation Violation vs Parole Violation

Probation often occurs prior to incarceration or as an alternative to jail time. Parole, on the other hand, is an early release from imprisonment.

Probation Violation Examples

  • Not reporting to your probation officer at a scheduled time or place
  • Not appearing on the set date and time for your court meeting
  • No paying any required fines or restitution as ordered by the court
  • Not getting permission from your probation officer when visiting certain places, people or traveling out of state
  • Selling, using or possessing illegal drugs

In Indiana it can also include:

Know Your Probation Terms
It’s important to know your probation terms to avoid making unnecessary violations.
  • Failing a probation drug test administered by your probation officer or by the police
  • Failing to check in with your probation officer
  • Failing to attend required counseling or rehabilitation
  • Violating curfew
  • Failing to pay fees or adequately requesting assistance for payment
  • Breaching home confinement requirements
  • Being arrested or convicted for another offense

What happens when you violate probation for the first time?

When you have a misdemeanor probation violation your parole office can be flexible on the course of action they may choose to take.

Does a probation violation mean jail?

Probation violation consequences can vary depending on your parole officer and the conditions surrounding the violation such as severity of the violation or if you’ve ever violated before. If you’ve been arrested then you’ll have an opportunity to attend a hearing to challenge allegation before a probation revocation is ordered.

Possible Consequences to Probation Violations:

Ankle Monitor Possible Consequence to Probation Violation
A possible consequence to probation violation can be a security ankle monitor.
  • Added jail time or longer probation for your previous sentence
  • The punishment for your original offense can be upgraded to a maximum penalty
  • Return to prison for the remainder of your probation
  • If you are allowed to remain out of jail you may be required to wear an ankle monitor
  • You may no longer be able to post bond for future arrests
  • You may be required to begin new drug rehabilitation or counseling
  • You may be required to more frequent check-ins or substance abuse tests

How long can they hold you in jail for probation violation?

Depending on your specific conditions and circumstances, you may or may not be held in jail for or up to the maximum term for your violation. It’s important to realize that certain cases may cause your right to a bail bond to be revoked. If you’re still eligible and in need of a probation violation bond, contact your local Bail bonds service or 24 hour emergency bail.

What happens if you miss a court date while on probation?

A bench warrant (order issued by a judge from the bench) will be issued for your arrest upon being absent from a scheduled court hearing where your appearance was required.

What happens at a probation violation hearing?

Attend All Hearings to Avoid Additional Consequences
It’s important to attend all court hearings to avoid additional consequences.

A probation violation hearing can either be condensed in one or split into two. The first hearing would involve the judge determining from probable cause whether to revoke the probation while the second determines whether the behavior or conduct really broke the probation as well as the punishment following it. Minor violations may result in more community service or more frequent check-ins with your probation officer. However, a severe violation will have harsher consequences. A hearing for a probation offense may seem like a regular criminal trial, but there is a lower standard that the prosecutor must meet to find you guilty in a probation violation. Some cases may even require you to testify yourself. Since you’ve been previously convicted for a crime, your constitutional rights do not extend to probation issues that deal with how your punishment may be altered.

It’s important to be timely and comply with your terms of probation. If you require legal advice, seek out the appropriate measures and networks as it’s better to be safe than sorry.

If you need help with probation violations in Indianapolis, IN call 317-423-9300 with Indiana Bail Bonds!

How DUI Affects Your Life

A fun night of drinking or partying can quickly turn awry if you get pulled over for driving while under the influence. Not only is it embarrassing, but dangerous, and the results of this crime will linger for the rest of your life. Lessened job opportunities, public ostracization, high fines, a suspended license, and potential jail time are often what many people face as such consequences. For DUI bail bonds help in Indianapolis, IN, call Indiana Bail Bonds at 317-423-9300 today.

man drives while drunk

Even If The Car Is Not In Motion, You Can Still Be Arrested If You Are Behind the Wheel Intoxicated

DUI Vs DWI

Everyone always seems to get the legal terminology and consequences of DWIs and DUIs mixed up. And it is easy to see why. Each state in America regulates and determines their own judicial system. For example, in some states, battery is considered a misdemeanor assault. In other states, battery is not even an option and someone is automatically charged with 3rd degree aggravated assault. The definitions of DWI and DUI also vary from state to state, though the majority agree that arrests will happen if blood alcohol content (BAC) is over 0.08.

DWI stands for “driving while intoxicated” and DUI is an acronym for “driving under the influence.” While most people correlate DUIs with drunken driving, you are more likely to get charged with a DWI for driving while inebriated. DUIs are a broader terminology that can also encompass being under the influence of illegal drugs or any other controlled substances. So, which is worse DUI or DWI? If you live in a jurisdiction that classifies the two separately, DUI is the lesser charge.

Consequences of a DUI

  • Stays on your driving record for 10 years
  • Stays on your criminal record permanently
  • Higher insurance bills
  • Substantial fine, court costs, probation and drug test fees
  • Drug and alcohol community counseling service
  • Probation
  • Suspended license

What is the Punishment for First Time DUI?

You may be wondering ‘will I go to jail for my first DUI?’ or ‘do I need a lawyer for first DUI?’ Generally, first DUI charges are considered misdemeanor offenses and only result in hefty fines and probation. In some states that only have DUIs, if you test higher than 0.08 BAC, you could be arrested. If that happens, you will need to call for DUI bail bonds. If you are in a state that has both DWIs and DUIs, the percentage of your BAC determines your charge and whether or not you will go to jail. For instance, in Texas if you have a BAC of 0.05-0.08, you will be charged with driving under the influence, which is misdemeanor. If you have 0.08 or higher, you will be charged with a criminal offense and be arrested for a DWI.

Can DUI charges be dropped? If they are a misdemeanor, then usually yes. More serious felonies often will not. If you have been arrested at a “sobriety stop”, there is a slim chance that you might be able to file an appeal under the notion that there are DUI checkpoints that are legal and not in certain states due to unlawful search and seizure from the 4th amendment.

How Long Does DWI Stay on Your Record?

If you end up getting charged with a criminal offense, then you will need a lawyer. People often ask ‘can DUI charges be dropped?’ After 10 years, the charge will be removed from your driving record, but stays on your permanent record forever. That means that potential employers can always see this, but since DUIs are a lesser charge than a DWI, it is more acceptable. If DWI is the more serious offense, that means that it surely stays on someone’s record longer than the minimum 10 years that a DUI stays on someone’s driving record. All DWIs but will count as Class B misdemeanors to felony charges, meaning that a minimum of 72 hours behind bars is required. Depending on the outcome of the case, there are loopholes called expunction that defendants may be eligible to apply for to erase the DWI from their record. Certain criteria like being pardoned or found not guilty must be proven.

Do You Need DUI Help?

Do be aware that you can get DUIs without driving! Even if the car is not turned on, but you are behind the wheel and inebriated, you can be charged with a DUI that goes on your record forever! The safest thing to do is always plan ahead. If you know you are going to be drinking, have a designated driver or plan to take a ride home. Don’t drive yourself to the drinking location in the first place as it makes you feel obligated to drive home inebriated in order to avoid towing fines. In fact, the consequences are much more severe and costly if you end up getting a DUI and will last a lifetime. For DUI bail bonds help in Indianapolis, IN, contact Indiana Bail Bonds at 317-423-9300 today.

Why Appearing in Court After Bail is Important

judge bangs gavel in court

Failure To Show Up On Your Court Dates Results in Serious Consequences

After you are arrested and post bond, one of the agreements between you and the judge and court is that in order to regain your freedom, you must show up at the scheduled court date for punishment of the crime you committed that got you arrested. If you have missed court in the state of Indiana, a judge can issue a bench warrant, where police can arrest you and jails can hold you without bail until your court date. Sometimes, you are allowed to post a bond at a higher fee. If you have been issued a bench warrant and need bond guidance, Indiana Bail Bonds can help if you have missed your court date in Indianapolis, IN. Call us at 317-423-9300.

Consequences of Failure to Appear at Court

If you miss one court date, a warrant for your arrest is issued for you. Something so simple as a traffic stop for a broken headlight can get you placed in jail. Sometimes people don’t even know that they have a warrant out for their arrest, or forget that they have a court date approaching. You can check online to see if there is currently a warrant out for you and call the county clerk to verify your court schedule to ensure you don’t miss them. If you do fai to show up to court, you can get serious consequences.

  • If your warrant was for traffic violations, your license will be suspended until all charges are handled.
  • Have your charge increased.
  • Have your court fees increased.

Wobbler Crime: Riding the Misdemeanor / Felony Line

Man Taking a Blood-Alcohol Test

Certain DUI Charges Can Be Tried as Either a Misdemeanor or Felony.

Do you know that some crimes can be charged as either a misdemeanor or a felony? It’s true and very scary. By law, many criminal misdemeanors sit on the cusp of felonies (and vice versa). The circumstances and people behind each of these offenses can greatly effect the outcome. Here’s a brief guide on this strange legal terminology, plus what it could mean for a loved one facing criminal charges.

What is a Wobbler Crime?

Believe it or not, wobbler offenses are actually fairly common. In fact, there are several types of crimes that can “wobble” the line between misdemeanor and felony charges, including:

  • Driving Under the Influence
  • Assault Charges
  • Grand Theft
  • Domestic Violence

So how do you know whether a crime will be prosecuted as a misdemeanor or a felony? It all depends on the circumstances surrounding the crime, as well as the inclinations of the case prosecutor. For instance, if a college student is arrested for the latest DUI in a history of DUI convictions, the prosecutor may opt to press felony charges. 

Can Felony Charges Be Dropped to Misdemeanors?

Of course, these crimes can wobble both ways. Prosecutors and judges both have the option to escalate or de-escalate a crime based on their opinion of the case. This can occur at several points during a case: including the preliminary hearing, sentencing, and even after probation.

Bail for a wobbler crime can go either way. The price on assault bail bonds, for instance, can vary greatly depending on the circumstances and outcome of each event. If you have a loved one that’s been arrested for a crime that tilts towards a felony charge, you may want to contact your local bail bondsman for assistance.

Call for Your Misdemeanor Bail Service?

Are you or your loved one in need of DUI bail bonds service in Indianapolis, IN? We’d be happy to help with your bail bond! Give our team a call today at 317-423-9300.

What Does it Mean When a Person is Denied Bail?

Denied Bail

In Criminal Cases, Bail is a Privilege That Can Be Removed at the Discretion of the Case Judge.

Many people believe that paying bail is an inalienable right. Did you know that paying bail is a privilege that can be revoked in certain criminal cases? If this happens, you (or your loved one) could face days in jail prior the schedule court appearance. If you are arrested for a misdemeanor or felony charge, make sure you understand the process of how bail price is decided and why someone may be denied bail.

When Can Courts Deny Bail?

When someone is arrested for a suspected crime, the price of bail is set by a local judge. There are a few factors that come into play, but the two that impact bail price the most are the criminal history of the defendant and the nature of the crime. For instance, the price of a DUI collision case will be much higher than a first-time minor drug possession case. However, there are some circumstances that might cause a judge to deny or revoke bail.

Common reasons a judge may deny bail include:

  • High Flight Risk Cases
  • Imminent Threat of Violence
  • The Defendant is Accused of Murder
  • Failure to Meet Conditions of Bail

The first three reasons are pretty straightforward. If a suspect has a history of running from law enforcement (or if they previously escaped from incarceration), a judge will probably deem them a flight risk and will deny bail. If the suspect has been accused of murder or shows a high probability of attacking an alleged victim, bail is often denied automatically.

In some criminal cases, such as a possession or DWI charge, a judge may imposes restrictions or conditions of bail. This may be an order to refrain from alcohol or an order that confines the subject within the state (until trial). If any of these bail conditions are violated and judge may revoke bail and have the suspect remanded into police custody.

Plan for Success

One of the best ways to get started on your criminal case is finding an attorney that specializes in your specific criminal case. They’ll help you navigate your case and lower the likelihood of you being denied bail. You can learn more information about the bail process or arrange for your bail bonds through our team at Indiana Bail Bonds. Give us a call at 317-423-9300; we’d be happy to help you with bail needs!

 

 

How to Know If You Have a Warrant Out For An Arrest

Most people would assume that those with a warrant out for an arrest are those that have committed serious offenses and are on the run from the law. That is often not the case! Many people are not even aware they have a warrant out for an arrest. Common outstanding warrants are failure to pay child support, too many unpaid traffic tickets, or driving with suspended licenses. If you are unsure if you have a warrant out for an arrest, here is how to check:

Warrant Search on Local Court Website

If You Have a Warrant Out For An Arrest, Get A Lawyer Before Turning Yourself In

Sometimes your local court will have a tab that says “arrest warrants” while other times you might have to search for it. If your local court does not provide online warrant searches, you will have to contact the county clerk or police station in the county or state that you believe the warrant might be issued in for information. Don’t identify that you checking on an outstanding warrant for yourself! Use your name but don’t incriminate yourself. Be aware that police can track the number you called from so you may want to have someone else check on the warrant status for you.

Pay the Fine

If a minor charge, sometimes paying the fine can help you avoid being arrested. This is not always guaranteed, and the police can track your payment to arrest you if needed.

Turn Yourself In

Contact an attorney, handle the warrant as soon as possible to avoid additional fines and charges, and turn yourself in. turning yourself in reduces the risk of harsher punishment and fines. Be aware you may face jail time until your court date.

If you have any questions about arrest warrants in Indianapolis, IN, call Indiana Bail Bonds at 317-423-9300 today.

3 Steps to Take if You’re Arrested

Handcuffed Teen

If You or a Loved One Has Been Arrested, Be Sure to Contact a Defense Attorney First.

If you know someone who’s been arrested before, then you understand the process can be very stressful. While it may feel like the end of the world, you can still take back some control. Here are three steps to take once you’ve been arrested.

Step #1: Call Your Attorney

While it may be tempting to talk to all your friends and family members first, you need to get someone in your corner. Contact a criminal defense lawyer as soon as possible. With an attorney on hand, your legal process will go much smoother.

Step #2: Contact a Bail Bondsman

Once you have a court appearance scheduled, contact a bail bondsman. Many people forget this step until after the bail price has been set. However, if you bring a bondsman with you to your court appearance, you can arrange things so you will have little to no jail time before your trial. This reduces or prevents entirely the strain of spending time in jail.

Step #3: Write Down Everything

While your attorney will help you organize court appearances, arriving on time is ultimately up to you. Write down the location, address, date, and time of every scheduled court appearance you have. Arrange your time off work and get someone you trust to drive you to each court appearance. You’d be surprised how important it is to have someone to support you when appearing in court.

If you’ve been arrested and need a bail bondsman, or if you’d like to learn more information on behalf of a friend, you can contact our office at 317-423-9300. We’d love to help you any way we can!

Posting Bail for a Friend: Protecting Your Investment

Bail Set by Judge

Driving Your Friend to Court Appearances Protects Your Bail Investment.

Are you thinking about posting bail for a friend that’s recently been arrested? While supporting your friend is a noble, compassionate goal, we want to help you by making sure you’re familiar with the process and aware of the risks. When you decide to post bail, follow these three steps to help your friend and protect yourself.

Step #1: Get the Details

What was the nature of your friend’s suspected crime? Was your friend accused of a misdemeanor or a felony violation? While the bondsmen now make the bail process much more affordable, some felony crimes can still be very expensive. Make sure you can cover the full price of bail before making a commitment to your friend.

Step #2: Calculate Your Risk

For more expensive bail prices, you may be forced to use valuables or property as collateral. While your gut reaction may be to immediately bail out your friend, you need to consider whether or not your friend will be able and willing to make their court appearance on time. If you can’t answer that question, or if you know your friend may be a flight risk, do not agree to post bail for them. If your friend does not appear on their scheduled court date, you could be responsible for paying the full price of bail.

Step #3: Protect Your Investment

Once you’ve agreed to pay bail for your friend, show support by driving them (or arranging a ride) for each of their court appearances. By ensuring your friend arrives on time to their scheduled court hearings, you’ll provide valuable comfort for them and minimize your personal risk.

Follow these steps, and you’ll be able to protect yourself when posting bail and help your friend in their time of need. For more information on the bail process or to find a bail bondsman near you, talk to one of our experts at317-423-9300.

Frequently Asked Questions About Bail Bonds

Bail bonds can be really hard for people to comprehend if they have never used them before. To make the process a little easier to understand, we have listed frequently asked questions about bail bonds and answered them.

What Is Bail?

Frequently Asked Questions About Bail Bonds

Learn The Answers to the Most Frequently Asked Questions About Bail Bonds.

Bail is when someone can be released from jail with a sum of money that ensures they will show up for their scheduled court date.

What Are Bail Bonds?

It is a surety bond that is able to ensure a defendant is released from jail.

How Are Bail Bonds Set?

Depending on the county that you are arrested in, the court might have a set schedule for what the bond amounts. However, the judge can decide on the amount of the bond by the severity of the crime, past criminal history of the defendant, their flight risk, and more. Sometimes a bail bond might not be necessary and a defendant can be released on their own recognizance, meaning they don’t have to pay for bail, but they have to promise to show up to their court date.

What Is the Bail Bond Process

The judge will set the bail for the defendant, and from there they can pay their own bail or call a bail bondsman. The defendant will usually 10% of the bail amount in order to secure their release with a bail bond. If a person does not show up in court on their scheduled date, the bail is forfeited and the rest of the bail amount must be paid to the court. If a person does show up, the bail bondsman will only keep 10% of the original amount of the bail.

If you need bail services in Indianapolis, IN, please call the bail bond agents at Indiana Bail Bonds today at 317-423-9300.