If you were recently arrested for marijuana possession in Indiana, you may be feeling unsure about what happens next. Maybe the officer said it was a misdemeanor, or maybe you are worried about how this could affect your future. Either way, marijuana charges can be serious, and what you do now matters.
Stay Calm and Know What to Expect After an Arrest in Indiana
The first few hours after an arrest are often confusing, especially if this is your first time dealing with police. You may feel unsure of what to say or do, but the process that follows is more structured than it may seem. What you do during this time can make a real difference in how your case moves forward.
You Will Likely Be Booked, Processed, and Given a Court Date
Once you are arrested, officers will usually take you to the station for booking. This means they will ask for your personal information, take fingerprints and photographs, and hold you until they decide whether to release you or keep you in custody. In most cases, you will be given a date to attend court to answer the charges.
Avoid Talking About the Case Until You Understand the Charges
You may feel pressure to explain what happened, especially if someone asks for your side of the story. It is almost always better to stay quiet until you fully understand what you are being charged with. Even casual statements can be used against you later, and staying silent gives you space to think clearly and protect yourself.
Prepare for the Legal Consequences You May Face
Even a small amount of marijuana can lead to real consequences under Indiana law. You might feel like it is not a big deal, but the process can still affect your record, your license, and your future. The more you know going in, the better prepared you will be. Here are some things you may have to deal with after an arrest:
- A required court appearance
- Possible fines or court fees
- Probation or supervised release
- Mandatory drug education or treatment programs
- Conditions attached to your bail or bond
- A license suspension depending on the facts of the case
- Difficulty sealing your record later
- Community service or other requirements
Many marijuana arrests involve additional charges, especially if police stopped your car or searched your belongings. We often see people charged with OWI/DUI in the same case, depending on how the stop happened. Under Indiana Code § 35-48-4-11, even a basic possession charge can come with long-term consequences that are easy to overlook at first.
Understand Your Options Before You Go to Court
Once marijuana charges are filed, your case will start to move through the court system. That means you may have to decide how to respond, whether to accept a deal, or whether to ask for something different based on your record or the details of the arrest. What happens in court often depends on how your case is charged and whether this is your first time facing something like this.
First-Time Offenders May Qualify for Alternative Sentencing
If this is your first offense and the charge is a misdemeanor, you might have options other than jail or a conviction on your record. Some Indiana courts offer diversion programs or conditional discharge agreements that give you a chance to avoid formal penalties if you meet certain requirements.
Under Indiana Code § 35-50-3-1, most misdemeanor sentences include the possibility of probation instead of jail time, especially for low-level drug charges.
Other Charges Could Complicate the Case or Increase Penalties
In some cases, prosecutors may decide to file more serious charges based on the amount of marijuana or other facts surrounding the arrest. If the state believes you had the intent to distribute, the case could move from a misdemeanor to a felony. A skilled criminal defense strategy becomes even more important when Indiana Code § 35-48-4-10 applies, which covers possession with intent to distribute or deliver.