Maryan Uliana & Smith, an Association of Attorneys Maryan Uliana & Smith, an Association of Attorneys 2026-06-29T20:00:15Z https://www.maryanlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104778/2026/04/cropped-Site-Icon-32x32.jpg On Behalf of Maryan Uliana & Smith, an Association of Attorneys <![CDATA[What you should know about Indiana’s drug possession laws]]> https://www.maryanlaw.com/?p=49239 2026-06-12T13:07:18Z 2026-06-12T13:07:18Z A routine traffic stop, a search of a backpack or a substance found in a shared apartment can each lead to a possession charge. Knowing how the law works may help you explore what legal options you might have available.

Drug schedules under Indiana law

Indiana organizes controlled substances through its version of the Uniform Controlled Substances Act. The law sorts drugs into the following five schedules based on their potential for abuse and whether they have an accepted medical use:
  • Schedule I: Heroin, LSD and marijuana, drugs the state says have no accepted medical use.
  • Schedule II: Cocaine, methamphetamine and fentanyl, which carry a high risk of abuse.
  • Schedule III: Ketamine, steroids and some sedatives with a moderate risk.
  • Schedule IV: Anti-anxiety drugs such as Xanax and Valium with a lower risk.
  • Schedule V: Low-dose codeine medicines with the least risk.
The state also recognizes constructive possession, which applies when you have both the ability and the intent to control a substance found in an area, even if it is not on your person.

Penalties for possession offenses

Consequences depend on the type of substance, the amount involved and your criminal history. Common charges can include:
  • Marijuana, first offense: Class B misdemeanor with up to 180 days in jail and a $1,000 fine.
  • Marijuana with a prior drug offense: Class A misdemeanor, rising to a Level 6 felony at 30 grams or more.
  • Other scheduled substances without a valid prescription: Class A misdemeanor with up to one year in jail and a $5,000 fine.
  • Cocaine, methamphetamine or narcotics: Level 6 felony carrying six months to two and a half years in prison.
  • 28 grams or more of those substances: Level 3 felony with a sentence of up to 16 years.
Certain aggravating factors can raise a charge by one level, including a prior conviction for dealing a controlled substance (other than marijuana), a firearm during the offense, an offense inside a correctional facility or an offense near a school or public park while minors could be present.

Defenses against criminal charges

Many possession cases rise or fall on how police found the evidence. A search of your vehicle, home or belongings without a warrant or a recognized exception can lead a court to suppress what officers found. This may leave the prosecution without a workable case. The state must also prove you knowingly possessed the substance. In constructive possession cases involving shared cars or apartments, the defense may show the drugs belonged to someone else or that you did not know they were there. A valid prescription might defeat charges involving many scheduled medicines. Indiana law permits conditional discharge for some first-time marijuana offenses, which can end in dismissal once you complete court-ordered terms.]]> On Behalf of Maryan Uliana & Smith, an Association of Attorneys <![CDATA[Can your DUI charge be dismissed in Indiana?]]> https://www.maryanlaw.com/?p=49236 2026-06-11T11:07:59Z 2026-06-11T11:07:59Z When courts may dismiss an OWI charge Courts do not dismiss most OWI charges. However, serious legal or proof-related problems can lead to that result. Common grounds for dismissal include:
  • An unlawful traffic stop: Police generally need reasonable suspicion before they pull over a vehicle.
  • Chemical testing problems: Officers can undermine chemical test evidence by using uncertified equipment, skipping required procedures or failing to document testing details.
  • Field sobriety errors: Roadside test results may become less reliable when officers do not follow recognized testing methods.
  • Rights violations: Investigators can jeopardize evidence by ignoring constitutional protections, which could lead a court to limit its use.
These issues may weaken the prosecution, but they do not guarantee dismissal. In Indiana, the law also provides another possible path in some OWI matters through conditional deferral. Under that process, a court may defer certain charges while you complete treatment and satisfy other court-imposed requirements. If you fulfill those obligations, the court may dismiss the charge.

Understanding your options after an arrest

No two cases follow the same path. The facts, available proof and court record often affect what happens next. Even one detail can change the course of a matter. For that reason, seeking legal advice early can be important. A lawyer can identify possible defenses and other ways to resolve the matter. When you know the available options, you can make informed decisions about your driving privileges and future.]]> On Behalf of Maryan Uliana & Smith, an Association of Attorneys <![CDATA[A guide to what happens after an OWI in Indiana]]> https://www.maryanlaw.com/?p=49234 2026-06-11T09:15:09Z 2026-06-11T09:15:09Z Flashing lights in the rearview mirror can change the course of an evening in seconds. If an officer suspects impaired driving, what follows are events that you may have never encountered before. Understanding how the process unfolds can help you prepare for what comes next.

Initial steps after an arrest

An Operating a Vehicle While Intoxicated (OWI) case usually begins with a traffic stop, a checkpoint or a crash investigation. The officer may ask you to perform field sobriety exercises and take a chemical test, such as a breath or blood test, to measure your blood alcohol concentration (BAC). Refusing the test can result in a license suspension for one year, or two years if you have a previous OWI conviction. After an arrest, officers transport you to a jail or police station for booking, which includes fingerprinting, photographs and a records check. You may remain in custody until you post bond or appear before a judge. A failed chemical test also triggers an administrative suspension of your driving privileges while the case moves forward. The Bureau of Motor Vehicles handles this and it is a separate process from the criminal case.

Possible penalties under state law

Indiana grades a first offense based on your BAC at the time of the stop. A reading of at least 0.08% generally results in a Class C misdemeanor under the state's operating while intoxicated laws, while a reading of 0.15% or higher raises the charge to a Class A misdemeanor. The classification of the charge often dictates the severity of the potential penalties. A Class C misdemeanor may result in up to 60 days of incarceration and a $500 fine. In contrast, Class A permits up to one year in jail and a maximum fine of $5,000. Additionally, certain circumstances can elevate an OWI to a felony. These include a prior conviction within the past seven years, a crash that causes serious injury/death or, for drivers 21 and older, having a passenger younger than 18 while operating with a high BAC, controlled substances, or in a manner that endangers others. A standard misdemeanor first offense conviction also brings a court-ordered license suspension that can last up to one year. Many drivers petition for specialized driving privileges, which allow limited travel to work, school or medical appointments, though a test refusal can close off that option.

Key stages in criminal court

Your first appearance is the initial hearing, where a judge explains the charges, enters a preliminary plea and sets conditions for release. From there, the case enters a pretrial phase that can stretch over several months. During this period, an attorney can review the evidence, question how the stop unfolded and challenge the accuracy of the chemical test. Weaknesses in the case sometimes lead prosecutors to offer reduced charges or lighter sentencing terms. Many OWI cases resolve through plea agreements rather than trials. If your case does go to trial, the state must prove each element of the offense beyond a reasonable doubt.  ]]> by doriemaryan <![CDATA[Child Solicitation Stings]]> https://www.maryanlaw.com/?p=47765 2026-02-25T09:42:44Z 2024-08-07T16:54:44Z Vigilante predator catchers infiltrate criminal justice system - The Washington Post This case is an example of stings that happen all across the country including right here in Indiana.  Now, some of the people caught up in this net are easily identifiable sex predators.  It is good that law enforcement is doing something to get them off the streets. In Dorie's many years of experience, however, some of the people arrested, humiliated and condemned as child molesters are not child predators nor do they even have an attraction to children.  They are people who were lonely, vulnerable and found the attraction of someone saying they were underage to be appealing, in the moment.  How do we tell the difference? Dorie works hard to gather evidence to show a judge and jury the difference. If you or a loved one was caught up in this sting and accused of child solicitation, please call Maryan Law.  Dorie has brought these cases to trial.  She has fought to get these cases dismissed when the police misbehave.  She will fight for you.]]> by doriemaryan <![CDATA[What is an Open Plea and Should I Take the Chance?]]> https://www.maryanlaw.com/?p=47726 2024-06-25T17:17:15Z 2024-06-25T17:17:15Z by doriemaryan <![CDATA[How do I get off the Sex Offender Registry?]]> https://www.maryanlaw.com/?p=47692 2024-07-30T18:02:09Z 2023-10-24T23:29:56Z IMPORTANT: Relief from the Sex Offender Registry requirement is available to those who 1) Have been on the registry for more than ten (10) years; 2) Have only ONE sex offense conviction (or multiple charges in one (1) case); 3) Involves a victim 12 years and older; and 3) Currently live in Indiana. The statutes are complex but Dorie has done so many of these that she can probably tell you in a phone call if you are eligible for relief.  Call or email today and schedule a consultation.  Chances are, Dorie will answer her own phone.  She usually does.  [email_me_form form_id="2" post_id="47692"]]]> by doriemaryan <![CDATA[I have a warrant because I missed court. What should I do?]]> https://www.maryanlaw.com/?p=47683 2023-09-18T22:40:52Z 2023-09-25T22:30:22Z by doriemaryan <![CDATA[I don’t have a court date yet. Do I need a lawyer?]]> https://www.maryanlaw.com/?p=47678 2023-09-18T22:27:01Z 2023-09-18T22:27:01Z