Drug & Marijuana Laws

 

We do not allow our clients accused of crimes to become victims.  My law firm helps people understand the laws below. We take action to protect those charged with drug, marijuana or prescription fraud offenses anywhere in Indiana. Call us for free to discuss how we can aid your legal defense. In Indiana there are presently new laws under consideration in regard to relevant criminal punishments. My job is to enable good people to fight the imposition of harsh penalties throughout the state and to use continued mastery of any updated laws to best protect you or one dear to you.

Many of our clients come to us as a result of recreational drug use and most recently, the emerging increase of prosecutions related to the usage of otherwise lawful drugs without a prescription. Not unlike dui cases, those charged with pot or prescription crimes are usually upstanding citizens, often professionals, who are attractive targets of law enforcement and prosecutors eager to demonstrate that their efforts to punish are not limited to the poor and/or disadvantaged.

In fact, we have been brought into cases throughout the state where a professional or one with a promising future has, in fact, been subject to greater punishment for a drug prosecution, merely by virtue of the fact that the prosecutor had been attempting to manipulate such a circumstance for maximum political advantage. Often times mere possession cases can be converted to possession with intent to distribute drugs for those not legally protected. Do not let the truth get in the way of reality. It is in the area of dealing and possession with intent to distribute that can lead to the most tragic of penalties to those not adequately prepared.

Call Me For Free To Learn What We Do & How We Can Help You. There are many understandable reasons why good people find themselves involved in dealing activities to simple possession of illegal substances. We understand the financial difficulties of otherwise law abiding citizens who have turned to the sale of drugs either to pay their bills or save homes from foreclosure. We know the hardships that have lead hard working people to resort to the use of illegal drugs to sustain them.

Many times we share the frustration of people who believe that their decision to use Marijuana or another substance for perceived health or recreational reasons should not be anyone’s business but their own. Unfortunately, such prosecutions are on the rise with punishments of increasing severity. Far from the view that these arrests should be dealt with through rehabilitative efforts geared toward allowing citizens to be the most productive that they can be; left unprotected, one charged with unlawful possession and/or dealing activity can often learn how destructive this type of prosecution can become if not adequately confronted.

Review “Truths” Top Criminal Lawyers Wish People Knew as your first action on your path to finding the best defense attorney for your criminal prosecution. When taking the first steps to defending yourself if charged with dealing, possession or a prescription fraud allegation, do not allow pride or shame from contacting me immediately. In Indiana there are deadlines to protect your legal rights. If a criminal charge cannot be dismissed, one’s ability to get the best possible results are often dependent on your attorney’s ability to put forth a pro active defense to a prosecutor before any decisions on your case have been made.

We work every day to utilize our extensive knowledge of criminal laws to shield our clients from excessive legal penalties. To provide a clearer, more comprehensive understanding of these laws and potential criminal consequences in Indiana, I have outlined the most prosecuted drug offenses below.

POSSESSION OF MARIJUANA:(Class A Misdemeanor)

0-1 year in jail within applicable county jail facility. Up to a five thousand ($5,000) fine not including court costs, statutory user and probation fees and/or any costs pertaining to court imposed obligations. Up to one year probation. Driver’s license suspension potentially imposed for minimum period of one hundred eighty (180) days to two years.

Conditional Discharge is term used for case outcome that would allow for charge to be dismissed upon fulfillment of negotiated conditions potentially eligible to first time offenders. Eligibility and conditions determined by policy of individual county prosecutor and negotiations of defense attorney and prosecutor.

POSSESSION OF MARIJUANA +30 GRAMS/PRIOR CONVICTION/DEALING MARIJUANA:(Class D Felony)

6 months to three years imprisonment within applicable Indiana Department of Corrections Prison facility. Presumptive or “average” sentence of one and one half years in prison. If no prior felony convictions, the 6 month minimum sentence can be reduced or suspended. Probation term of up to three years. Up to a ten thousand ($10,000) fine, not including court costs, statutory user and probation fees and/or payments for court ordered obligations of probation. Driver’s license suspension potentially imposed for minimum period of six months to a maximum of two years.

Dealing offenses subject to civil forfeiture of all items (ex. cars, home, jewelry, computers, etc.) determined by a court to have been more likely than not purchased with funds obtained from illegal drug dealing activities.

POSSESSION OF MARIJUANA (+ 10 Pounds), DEALING MARIJUANA WITHIN SCHOOL ZONE, PARK OR OTHER DESIGNATED PUBLIC PLACE, POSSESSION OF CONTROLLED SUBSTANCE, INCLUDING PRESCRIPTION DRUGS WITHOUT LAWFUL PRESCRIPTION,COCAINE, METH, ETC.(Class C felony)

Minimum of two years to maximum of eight years imprisonment within applicable Indiana Department of Corrections Prison facility. Presumptive or “average” sentence of four years in prison. If no prior felony convictions, the minimum two year sentence can be lawfully reduced or suspended. Probation term of up to eight years. Up to a ten thousand ($10,000) fine, not including court costs, statutory user and probation fees and any other costs associated with court ordered probation terms. Driver’s license suspension potentially imposed for minimum period of six months to maximum two years.

DEALING/POSSESSION WITH INTENT TO DEAL CONTROLLED SUBSTANCE, PRESCRIBED MEDICATIONS, COCAINE, METH, ETC.(Class A or B Felony)

Class B Felony dealing offenses subject to minimum six year sentence to maximum twenty years within applicable Indiana Department of Corrections Prison facility. Presumptive or “average” sentence of ten years in prison. Class A Felony dealing offenses subject to minimum of twenty years to maximum fifty years in prison. If prior felony conviction, minimum sentence cannot be reduced or suspended.

Dealing offenses in Indiana are also subject to “civil forfeiture laws.” Such laws allow for the government to seize all items (ex. cars, home, jewelry, computers, etc.) determined by a court of law to have been more likely than not been purchased with funds obtained from illegal activities. Such legal action is filed in civil court apart from the criminal court proceedings.