MARIJUANA AND OTHER DRUG OFFENSES
Defending Clients in Possession and Controlled Substance Crimes in Noblesville, Carmel, Indianapolis, and the Surrounding Communities
Possession of Marijuana, Possession of a Controlled Substance, Dealing Marijuana, Dealing Controlled Substance, Possession of a Syringe, Possession of Paraphernalia: These are all drug offenses that may be charged in the State of Indiana. Have you been charged with one of these offenses? If so, it’s imperative that you meet with an attorney to discuss your options and rights.
Marijuana is Still Illegal in Indianapolis
While marijuana is legal medically or recreationally in a growing number of states, it is still prohibited in the state of Indiana.
Indiana Code § 35-48-4-11 sets out the standards for possession of marijuana, which provides, in part: A person who: (1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, or salvia; (2) knowingly or intentionally grows or cultivates marijuana; or (3) knowing that marijuana is growing on the person’s premises, fails to destroy the marijuana plants; commits possession of marijuana, hash oil, hashish, or salvia.
If the charge is for a first offense, it will be charged as a Class B Misdemeanor. The maximum penalty for a Class B Misdemeanor is 180 days in jail; the minimum penalty is 0 days in jail.
Diversion and Conditional Discharge
If you’ve been charged with this offense, you might be eligible for a diversion program. For more information on the diversion program, please see our diversion page.
Additionally, even if you are not eligible for the diversion program, you may be eligible for a Conditional Discharge. Conditional discharge allows the withholding of a judgment of conviction, and ultimately dismissal at the end of a probationary term, rather than a conviction being entered, provided that compliance with the terms and conditions of such conditional discharge are met.
If you have a prior drug offense conviction, then you may be charged with a Class A Misdemeanor. The maximum penalty for a Class A misdemeanor is 365 days in jail, and the minimum sentence is 0 days in jail.
Finally, if you have a prior drug conviction and possessed more than 30 grams of marijuana, then you may be charged with a Level 6 felony.
Was There an Illegal Traffic Stop Involved?
Drug cases often involve vehicle stops, or some other kind of search and seizure. We will investigate your case and determine whether a motion to suppress can be presented to the court. If successful, and the search is found to be unlawful, then the evidence could be excluded due to it being obtained illegally, which may result in all charges being dismissed.
Dealing in Marijuana Charges
Dealing Marijuana is even more serious in the State of Indiana. The statute that makes dealing marijuana illegal is found at I.C. 35-48-4-10. Depending on the circumstances of your case, the amount of marijuana possessed, and whether you have prior convictions, a Dealing in Marijuana charge can range from a Class A Misdemeanor to a Level 5 felony.
If you were charged with having less than 30 grams of marijuana, and you have no prior convictions, there is a good chance your charge will be a Class A Misdemeanor. If your arrest began with a vehicle stop (or some other kind of search), we will investigate your case and determine whether a motion to suppress can be presented to the court. If successful, and the search is found to be unlawful, then the evidence could be excluded due to it being obtained illegally, in which case all charges may be dismissed.
Possession of Controlled Substances and Related Charges
We also represent clients for Possession of a Controlled Substance, Visiting a Common Nuisance, Maintaining a Common Nuisance, and Dealing Controlled Substance, as well as Possession of a Syringe, Possession of Paraphernalia, and other drug related offenses. If you, or someone you love has been charged with one of these offenses, please contact us so that we may discuss your options and legal defense.
While we practice criminal defense in each of the central Indiana counties, our main office is located in Noblesville, Indiana. Noblesville is the county seat of Hamilton County. In Hamilton County, if you are charged with marijuana or other drug offense, your case will likely be filed in Hamilton County Superior Court #4, Hamilton County Superior Court #5, or Hamilton County Superior Court #6. These courts handle most of the Level 6 Felony and Misdemeanor charges.
If your offense is a major felony it will likely be in Superior Court 1, 2 or Circuit Court. Our office is just a block away from these courts, and the prosecutor’s office has allowed us the opportunity to become very accustomed to the procedures, strategies, and policies of these judges, courts, and prosecutors. Let us represent you navigate before these courts, and ensure that you have the experienced criminal defense you need by your side.
Call Us for a Free Consultation
Call Dollard Evans & Whalin For Your Free Criminal Defense Consultation for Marijuana and Other Drug Offenses. Let us provide you with the experienced, aggressive legal representation for your Marijuana or other drug charge criminal defense.
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