The Indiana Court of Appeals found that the State failed to prove a Noble County man was in constructive possession of marijuana. The mere presence of a passenger in a car transporting marijuana is insufficient to find the passenger guilty of possession. To prove constructive possession, the State must prove the passenger had the intent and capability to maintain control over the marijuana.

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In a case of first impression, the Indiana Court of Appeals held that to convict a person of public intoxication, the person must have engaged in alarming behavior while in a public place. Although the defendant was clearly intoxicated while in a public place, his alarming behavior had occurred on private property. If you are arrested for public intoxication, call Gibson Law Office for a free initial consultation. With offices in Tippecanoe County and Allen County, our criminal defense attorneys aggressively defend public intoxication charges in all regions of Indiana.

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The Indiana Court of Appeals reversed a man’s conviction for Public Intoxication because the evidence did not show that he harassed or alarmed anyone when he appeared at a gas station drunk. The Court further held that he did not endanger himself or others, because no witnesses testified to observing him drive. Gibson Law Office attorneys aggressively defend public intoxication charges. With offices in Lafayette, Bloomington, and Fort Wayne, Indiana, we defend public intoxication cases statewide. 

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To convict someone under Indiana’s new public intoxication law, the State must prove that the person was bothering or threatening the safety of other people in a public place or that the person was in imminent danger of breaching the peace.  The Indiana Court of Appeals reversed a man’s conviction for public intoxication finding that the man was initially drunk in a private place where he had every right to be intoxicated; and, that when he was drunk in public, he was not in imminent danger of breaching the peace.

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The Indiana Court of Appeals reversed an Indianapolis man’s conviction for Resisting Law Enforcement, a Class A misdemeanor. The Court held that because the officer did not have probable cause or reasonable suspicion that the man was involved in criminal activity, the defendant was free to ignore his commands to stop and therefore was not guilty of Resisting Law Enforcement.

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