Legal Question in Criminal Law in Indiana

Double jeopardy prevents a defendant from being tried twice for the same offense. Here it sounds like you were arrested for a class A misdemeanor by the police. When the prosecutor filed charges they determined the offense they believed you had committed and which you should be charged with was actually a class D felony. Now based on your prior criminal history they�ve added a count or charge of being a habitual substance offender. While it may seem unfair, this is legal and is not a violation of double jeopardy. You should ask the court to appoint an attorney for you if you cannot afford to hire one yourself. Your attorney can explain all of this further and based on the specific facts of your case and your history explain how a misdemeanor arrest became a felony case with a habitual substance offender charge or enhancement.