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 Code § 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.
What Should I Do If I Have Been Arrested for Marijuana Possession in Indiana?
An arrest can go from zero to serious in a matter of minutes. One second you are having a conversation, and the next, you are in handcuffs trying to figure out what just happened. If you are facing marijuana possession charges, every move you make early on can affect what happens next. Here are a few things we want you to keep in mind from the start.
Remain Silent and Request Legal Representation Immediately
You may feel like explaining yourself will clear everything up, but anything you say can end up in the police report. Officers are trained to ask questions that sound casual but are actually designed to gather evidence.
You have the right to remain silent, and that right matters. If you start talking before speaking with a lawyer, you might accidentally give them something they can use against you later. Even saying the wrong thing out of frustration can come back to hurt you.
Preserve Evidence and Avoid Compromising Your Case
After an arrest, it is easy to feel like the police have all the power. But you have the power to help your own defense by taking simple, smart steps. Do not give consent to any searches if they ask. Write down exactly what happened, including the time, location, and who was involved. If something felt off about how you were stopped or searched, we want to know about it.
What’s the Difference Between State and Federal Criminal Charges in Indiana?
Most marijuana charges in Indiana are handled by state courts, but not always. If your case involves something like crossing state lines, using the mail, or getting arrested on federal property, it could become a federal offense under 21 U.S.C. 844.
That is when things start to feel a lot more serious. Under federal law, marijuana is still a Schedule I drug, which means the penalties can be much harsher, even if the amount is small.
State charges are usually for things like simple possession or low-level dealing, and those fall under Indiana Code § 35-48-4-11. Federal charges, on the other hand, tend to focus on bigger operations like trafficking or growing. The rules are different, the process is different, and the stakes are higher.
How Do Crown Point Marijuana Charges Defense Lawyers Approach Plea Deals?
Most marijuana cases in Indiana end with a plea deal. That does not mean every offer is good or fair. A plea deal should never be something you accept just to make the case go away. It should be based on strategy, not pressure. Our job is to look at every angle of your case and figure out what makes sense for you long-term.
That includes weighing the strength of the evidence, your record, and what really matters to you. Here are just a few of the things we look at before talking about any kind of deal:
- Prior marijuana convictions
- Whether you qualify for a diversion or deferral program
- The amount of marijuana involved
- Whether any minors were present at the time of the arrest
- How the police found the marijuana
- Whether a search warrant was issued or required
- Delays or problems with lab testing
- Statements you may have made during your arrest
- The location of the stop or arrest
- Whether other charges were filed at the same time
- The experience level of the prosecutor
- Risk of enhanced penalties due to previous felony convictions
- Impact a conviction would have on your employment, education, or immigration
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.