Most people are aware that over the last several years, certain states have decriminalized the use of marijuana for medicinal or personal use. However, it is important to understand that Indiana is not one of these states.
The possession of marijuana, in whatever small amount, is still a crime in the state of Indiana. So, while a marijuana charge may not be a big deal in some states, in Indiana, it is still a serious problem that can result in jail time, thousands of dollars in fines, and court costs, and can ultimately mark your record for the rest of your life.
If you are facing a marijuana charge in Indiana, it is important to seek sound legal advice. Contact The Law Office of Joseph M. Roberts LLC for a highly skilled Crown Point criminal defense lawyer to defend not only your legal rights but your future as well.
Marijuana Charges in Indiana
The severity of a marijuana charge in Indiana will most often depend on the amount of marijuana and where the offense was committed. Under Indiana statute IC 35-48-4-11, possession of less than 30 grams of marijuana or less than 5 grams of hash oil or hashish will typically be charged as a misdemeanor, with possible penalties that include up to 180 days in jail and/or a fine of up to $1,000.
If you are caught with a larger amount of marijuana, both the charges and the penalties you will face if convicted are more serious. The possession of more than 30 grams of marijuana is a felony offense, with penalties escalating based on the quantity, prior offenses, and aggravating circumstances, such as proximity to a school or public playground.
It is also illegal to sell marijuana in Indiana. The selling of less than 30 grams of marijuana is a class A misdemeanor for a first offense but, becomes a level 6 felony for a subsequent offense. Likewise, selling more than 30 grams but less than 10 pounds of marijuana is a level 6 felony, escalating to a level 5 felony for amounts in excess of 10 pounds.
Defending a Marijuana Charge in Crown Point, Indiana
There are three important things that we look into when defending our clients against a marijuana charge:
1. Unreasonable Search and Seizure
Did the police have the right to stop and search you in the first place? The police have to follow very specific rules regarding when they can stop and search a person. If they did not follow those rules in your case, that evidence cannot be used against you, and your case can be dismissed.
2. Knowing Possession
Can the state actually prove that you were in “knowing” possession of the marijuana? If, for instance, you were in a car and marijuana was found in that car, did you know it was there? Perhaps someone left it in the car, and you never even knew about it. This would not be criminal. A good Crown Point marijuana charges defense lawyer will know to ask this question and will make this argument in your defense if it pertains to your case.
3. Diversion Programs
There are drug diversion programs that can allow you to have the charges dismissed and ultimately avoid a conviction. If you want and need drug treatment, this can be a huge benefit to your life, not to mention how your case is resolved.
Contact a Skilled Marijuana Charges Defense Attorney in Crown Point
If you are facing a marijuana charge in Crown Point, Indiana, do not make the mistake of settling for an assigned public defender. Remember, if you have been accused of possession of any illegal substance, neither the police nor the prosecutor will be concerned about protecting your right to be presumed innocent.
A good Crown Point marijuana charges defense attorney who knows the law can protect your rights, answer your questions, walk you through the criminal process, and help you obtain the best outcome for your case. Contact us today at (219) 779-9187, or leave us a message online to schedule a free consultation at The Law Office of Joseph M. Roberts LLC with a skilled marijuana charges defense lawyer in Crown Point.