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Fuck Indiana!!! The worst drug laws of any state I am aware of. Hooray for my new public defender!

simstim

simstim

Bluelighter
Joined
Apr 20, 2021
Messages
6,664
So I got arrested for driving under the influence in Indiana and they searched my vehicle and found a marijuana pipe and some syringes from the needle exchange across the river in Kentucky.

It's a freaking felony in Indiana to possess a syringe without a prescription!!

It's not even a misdemeanor in Kentucky!

First they offered me a year long rehab program and now they're offering 2 years in prison (which is really only a year to serve in Indiana because of how they do goodtime)!!

The minimum time for the charge is only 90 days (only have to actually serve 45). Why the heck are they trying to make me serve a year?

They took me to the hospital and drug tested me because of operating whole intoxicated (alcohol) and I know I wasn't dirty for anything that is used via IV. Only alcohol and marijuana.

Maybe I need a paid attorney? My public defender is talking about going to trial, but for now is pushing it back hoping for a better deal. This incident was almost two years ago. Also, I did a 90 day rehab program and have had zero law troubles since.

Long story short, if you do drugs, Indiana is a horrible and draconian place to be. The arresting officer actually told me I should stay in Kentucky.

This sucks!
 
simstim said:
So I got arrested for driving under the influence in Indiana and they searched my vehicle and found a marijuana pipe and some syringes from the needle exchange across the river in Kentucky.

It's a freaking felony in Indiana to possess a syringe without a prescription!!

It's not even a misdemeanor in Kentucky!

First they offered me a year long rehab program and now they're offering 2 years in prison (which is really only a year to serve in Indiana because of how they do goodtime)!!

The minimum time for the charge is only 90 days (only have to actually serve 45). Why the heck are they trying to make me serve a year?

They took me to the hospital and drug tested me because of operating whole intoxicated (alcohol) and I know I wasn't dirty for anything that is used via IV. Only alcohol and marijuana.

Maybe I need a paid attorney? My public defender is talking about going to trial, but for now is pushing it back hoping for a better deal. This incident was almost two years ago. Also, I did a 90 day rehab program and have had zero law troubles since.

Long story short, if you do drugs, Indiana is a horrible and draconian place to be. The arresting officer actually told me I should stay in Kentucky.

This sucks!
Click to expand...
Yes, you need a paid attorney ASAP. Believe me, its worth the cost.
 
simstim said:
So I got arrested for driving under the influence in Indiana and they searched my vehicle and found a marijuana pipe and some syringes from the needle exchange across the river in Kentucky.

It's a freaking felony in Indiana to possess a syringe without a prescription!!

It's not even a misdemeanor in Kentucky!

First they offered me a year long rehab program and now they're offering 2 years in prison (which is really only a year to serve in Indiana because of how they do goodtime)!!

The minimum time for the charge is only 90 days (only have to actually serve 45). Why the heck are they trying to make me serve a year?

They took me to the hospital and drug tested me because of operating whole intoxicated (alcohol) and I know I wasn't dirty for anything that is used via IV. Only alcohol and marijuana.

Maybe I need a paid attorney? My public defender is talking about going to trial, but for now is pushing it back hoping for a better deal. This incident was almost two years ago. Also, I did a 90 day rehab program and have had zero law troubles since.

Long story short, if you do drugs, Indiana is a horrible and draconian place to be. The arresting officer actually told me I should stay in Kentucky.

This sucks!
Click to expand...
Jesus Christ, I really feel for you. A year in state prison for a clean needle? That is barbaric. Or is the bulk of the time for the DUI? That would only make sense if you have a lot of DUI priors. Even though your impairment was from just alcohol and marijuana like a million square Joes, the syringes obviously make the prosecutors think you're a dopefiend menace on the roads and need the book thrown at you.

I would suggest you get a paid lawyer it at all possible. You could expect to pay at least a few thousand dollars for a case like this, but some lawyers will do payment plans. If it's unaffordable, a public defender is usually still better than a bad private lawyer -- like a family friend who mostly does real estate law or something. At least they do 100% criminal defense work, and show up in the same courtrooms everyday, in front of the same judges and DAs.

Public defenders usually do care about their clients, and many are also skilled lawyers who love to go to trial rather than plead out (at least if there's something decent to argue). But due to the crushing caseloads that they usually have, time and resources are stretched pretty thin, making it hard for them to go to the limit for every client on every single case, since they have to prioritize the extra-serious cases that carry tons of time (or even the death penalty in Indiana).
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There have always been large differences in drug laws from state to state, but now the USA seems like 2 or 3 different countries in terms of its drug laws. The states have big differences in the laws on the books, but there are also huge differences in enforcement (by prosecutors, judges, police), so that two cities or counties in the same state can seem like they belong to different nations.

In my Northwestern city, the drug laws are so lenient (and enforcement is so lax) that people will openly smoke meth and fentanyl on busy downtown streets, just like they were smoking a cigarette... I saw the cops talking to a guy sitting on the sidewalk, and he didn't even bother to look up from his foil, just ignored them and kept on chasing away. It's a little weird for a drug user of my generation and I'm sure it's a nuisance to some people, but it beats the alternative.
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Anyways, best of luck with your case.
 
Holy fuckin shit, dude.
Sorry not trying to feed into fears but fuck, man. I am also sorry to read this. I Had one decades ago and I still haven't been able to obtain a freakin license no matter how much money we threw at it. I kept driving. Had to cause it was how I worked (journeyman). Thinking about getting a car anyway and just haulin' ass regardless.
If ya can afford a paid lawyer I also agree that you may be better off in the long run as they all connected to that good-ol-boyz/girlz club. The money flows amongst them.
A public defender is wanting to close cases and surely they are swamped these days like everything in the court system and/or DOJ.
First thing ya gotta ask is what exactly gave them a "right" to pull you over (or were you parked)? What led up to the search and seizure and consequent arrest?
Ya know laws are written and rewritten. There are loop holes thats what keeps the DAs and crim lawyers in business and business is booming.
I don't know how much time ya have to prep for this but if there is time available research the hell out of these "laws" and put it off (the trial) for as long as possible... thats what the lawyer is for obviously but if it were me...? I'd be all over it myself as well cause I have that need to know kinda attitude especially if it comes down to freakin felonies. I have had my share and someone elses but it has been decades since my last and hope to keep it that way.
Man, this sucks but what can ya do? Fight. That's all I can see to get past this. Kinda obvious but I beat charges before and know they can be won in court so it's just the beginning. Hunker down and do the work.
Best and love, bro.
 
@JTemperance
The bulk of the time they're trying to give me is definitely for the syringes. It's the only charge that is a felony.

It's almost as bad here where I live as you. Well maybe not quite, but it's getting there. I saw two people sitting on the steps beside the sidewalk smoking meth the other day, and in the areas where the homeless people camp they're always getting high out in the open. Smoking meth and shooting up. It's crazy.

In comparison where I got arrested is a small town, but it's almost like a suburb of where I live because it's right across the river. Drugs are really bad over there, too. I can't even imagine living over there and using though because their laws are so much stricter.
 
simstim said:
@JTemperance
The bulk of the time they're trying to give me is definitely for the syringes. It's the only charge that is a felony.
Click to expand...
I understand the situation a little more clearly.... you were only a town over from your city when you got busted, but your case was obviously filed a different (and shittier) state court system. I imagine a lot of Northern Kentucky and Southern Illinois defense lawyers will be admitted in Indiana as well, if you can get recommendations from anyone who might know a good one.

It's still hard for me to fathom how they could be asking for that much time over some unused hypodermic needles, not even paraphernalia. That's fucked, really. I know it doesn't do you a lot of good, but I really empathize.

Now that I think of if, Indiana was the state where that poor group of Opana injectors contracted HIV due to the terrible needle-exchange situation under Governor Pence. Sad that it still hasn't changed.... it's like they're re-fighting the battles of 1991 in 2021. (Though even in '91 in a big city you'd never serve a year for that.)
 
simstim said:
So I got arrested for driving under the influence in Indiana and they searched my vehicle and found a marijuana pipe and some syringes from the needle exchange across the river in Kentucky.

It's a freaking felony in Indiana to possess a syringe without a prescription!!

It's not even a misdemeanor in Kentucky!

First they offered me a year long rehab program and now they're offering 2 years in prison (which is really only a year to serve in Indiana because of how they do goodtime)!!

The minimum time for the charge is only 90 days (only have to actually serve 45). Why the heck are they trying to make me serve a year?

They took me to the hospital and drug tested me because of operating whole intoxicated (alcohol) and I know I wasn't dirty for anything that is used via IV. Only alcohol and marijuana.

Maybe I need a paid attorney? My public defender is talking about going to trial, but for now is pushing it back hoping for a better deal. This incident was almost two years ago. Also, I did a 90 day rehab program and have had zero law troubles since.

Long story short, if you do drugs, Indiana is a horrible and draconian place to be. The arresting officer actually told me I should stay in Kentucky.

This sucks!
Click to expand...
You need a pay lawyer bro.
 
Sorry man, yeah that is barbaric as fuck to charge someone with a felony for a needle. Are they trying to get people to reuse dirty needles or something??

I will echo the need for a paid lawyer. It will go better for you.
 
Wow that is insane. I'm very sorry.
Here you can get drug dealing charges for owning a scale,
but if cops caught you with a syringe they would probably just check you into rehab immediately.
 
This makes me a saaad panda.

Like what the fuck are they playing at, it's completely Draconian. All this attitude is going to do is make people reuse dirty old pins and even share. It will do absolutely nothing to reduce drug addiction or crime. It will get loads of "good, law abiding citizens" contracting diseases like AIDS and hep C by unwittingly having sex with those evil drug fiends.
What a crazy attitude to have these days. I wish you luck with your case OP.
 
Man thats fucking bullshit. Why? to feed the private prison system? In alberta you can walk into ANY pharmacy if you are a drug addict and get a bag with everything you need for safe injection completely free.
 
Pickledlemons said:
Man thats fucking bullshit. Why? to feed the private prison system? In alberta you can walk into ANY pharmacy if you are a drug addict and get a bag with everything you need for safe injection completely free.
Click to expand...
Definitely the right direction, just an issue of enabling after that point.
1000 times better than street drugs though.
 
December Flower said:
Definitely the right direction, just an issue of enabling after that point.
1000 times better than street drugs though.
Click to expand...
Sorry I meant like a syringe, cotton balls, distilled water and a little metal cooker. For the dillies you do actually have to go see a doctor. And thats here in bc. But I think you can do it in alberta too I'm not sure. The provinces have a lot of autonomy.
 
Pickledlemons said:
Sorry I meant like a syringe, cotton balls, distilled water and a little metal cooker. For the dillies you do actually have to go see a doctor. And thats here in bc. But I think you can do it in alberta too I'm not sure. The provinces have a lot of autonomy.
Click to expand...
Oh, misunderstood that.
Does "everything you need" include drug testing?
 
I just wanted to say I'm so sorry you are going through this. I can't believe how bad some of the laws are in the U.S. It's like they are designed to make everyone guilty and go to prison. I give myself B12 and magnesium injections, so I travel with needles. I don't have an Rx because I get all these things without an Rx. I can't imagine being somewhere that I'd be given a felony charge for having a clean needle.

Sounds like a an uprising is needed.
 
I'm going to move this over to NSADD. You might get more interesting replies there. Pm me if you want it moved back!
 
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