Misdemeanors are the result of Indiana’s low tolerance for drug use. A person will be charged with a Class B misdemeanor for being in the presence of others who are using illegal drugs, even if he or she is not using illegal drugs themselves. If the illegal drugs are discovered in a home, the charge is elevated to a Class D Felony. Even if a person is not using them and others are, if he or she owns or rents the home, he or she will be charged with a felony.
Misdemeanors for Fake ID
Using a forged identification to purchase alcohol from a liquor store or a bar will result in fines and probation. This occurs even when a person is not attempting to purchase alcohol but has a fake ID in his or her possession. This is known as False Statement of Age. After that, a driver’s license will be suspended for up to a year.
Making fake IDs, even if over the age of twenty-one, or allowing a minor to use another person’s driver’s license is a Class C misdemeanor.
According to Indiana laws, misdemeanor offenses in Indiana are classified based on their severity. Infractions are considered less serious than misdemeanors, which include crimes such as underage consumption and public intoxication, and felonies, which include murder, rape, and some driving-while-intoxicated offenses.
Those charged with felonies or misdemeanors must attend a scheduled hearing to enter a guilty or not guilty plea. Even if their client is guilty, criminal defense attorneys frequently advise them to plead “not guilty.” This type of plea allows the prosecutor, attorney, and client to develop a defense. A “not guilty” plea can always be changed at a later hearing.
Those accused must appear in court on all scheduled dates, as failure to appear on a specified court date in a criminal case usually results in additional charges in addition to the misdemeanor or felony charge. Absence reduces the likelihood of dismissal.
Expungement of Misdemeanors
An expungement can remove a person’s arrest or conviction record from their record. An expunged record means that the record did not exist in the first place, and a person is now free to claim in writing that no arrest or conviction occurred. This can also imply the sealing of criminal records from public view, with only the appropriate authorities having access.
When attempting to have a record expunged, it is critical to consult with a lawyer. He or she will have prior experience and can assist in making the process go more smoothly. Those who have been sentenced for a crime or who have pled guilty in court, on the other hand, are ineligible to have the crime expunged. Expungement can aid in the acquisition of professional licenses and job positions.
Forms must be correctly filled out or an expungement request will be denied. Expunction is granted based on the type of conviction (felony or misdemeanor), the type of sentence received, and whether or not a claim of factual innocence was made.