Possession of Marijuana Defense Attorney in Indiana

Possession of marijuana is usually a Class B misdemeanor in Indiana, and you may be sentenced to up to six months in jail and a $1,000 fine. Additional penalties may apply if you have a prior conviction for a drug offense. You have no time to waste. Retain a possession of marijuana attorney in Indiana immediately.

Gemma & Karimi Law are aggressive, experienced drug possession defense attorneys who can develop a rigorous defense to this serious charge. Our attorneys are former state prosecutors and know how to create winning strategies to maintain your freedom and clean record. Speak to one of our experienced drug offense attorneys today in a free consultation at (317) 602-5970.

Defenses to Marijuana Charges

If you have been accused of possession of marijuana or paraphernalia, your criminal defense attorney in Indiana will review your case and consider these common defenses:

Illegal Search and Seizure

The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement searched without probable cause, a valid warrant, or proper consent, any evidence obtained might be deemed inadmissible in court. For example, if police searched your car during a traffic stop without a legal basis and found marijuana paraphernalia, your drug defense attorney could argue that the search violated your constitutional rights, potentially leading to the suppression of evidence.

Lack of Possession

To convict someone of possession, the prosecution must prove the individual had actual or constructive control over the marijuana. Actual possession means it was on your person, while constructive possession implies you had the ability and intent to control it. If the marijuana wasn’t yours and you didn’t have control over it, say, it belonged to someone else in the vehicle, you could argue lack of possession.

Unlawful Stop or Arrest

Police must have reasonable suspicion to stop you or probable cause to arrest you. If the initial stop was unjustified or based on a hunch rather than specific facts, any evidence gathered afterward could be challenged. For instance, if an officer pulled you over without observing a traffic violation and then found marijuana, the stop itself might be deemed unlawful.

Entrapment

If the police officer induced you to commit a marijuana-related offense you wouldn’t have otherwise committed, entrapment could be a defense. This might apply in cases involving undercover agents pressuring someone into selling or possessing marijuana against their typical behavior. However, this defense requires proving the idea originated with the police officer, not you.

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that the substance was marijuana and that you knowingly possessed it. If the substance wasn’t adequately tested or identified, or if there’s doubt about your awareness of its presence, this could weaken the case against you.

Procedural Errors

Mistakes in handling the case, like improper evidence handling, failure to read Miranda rights when required, or errors in the chain of custody, could undermine the prosecution’s case. For example, if the marijuana wasn’t adequately documented or tested, its validity as evidence could be questioned.

Conditional Release and Expungement

Conditional release typically refers to a court-ordered deferral of a criminal conviction, often paired with probation-like conditions, allowing a defendant to avoid a formal conviction if they comply with specific terms. In the context of marijuana charges, Indiana offers a mechanism known as a conditional discharge. This applies specifically to first-time offenders charged with possession of marijuana as a misdemeanor.

If a person has no prior drug convictions and pleads guilty to misdemeanor marijuana possession, the court may, with the defendant’s consent, defer entering a judgment of conviction. Instead, the individual is placed under court supervision with conditions such as probation, drug treatment, community service, or fines. If the conditions are met, the case is dismissed without a conviction.

Expungement in Indiana

Expungement in Indiana allows individuals to seal or remove certain criminal records from public view, offering a “second chance” to move past prior legal issues. Depending on eligibility, this process can apply to arrests, charges, and convictions.

Non-Conviction Records

• For arrests or charges that didn’t result in a conviction (like a completed conditional discharge), expungement is relatively straightforward:
  • You must wait one year from the date of arrest or filing of charges.
  • There must be no conviction or juvenile adjudication, pending charges, or current participation in a pretrial diversion program.
  • If granted, the record is sealed from public access, though law enforcement and certain agencies may still see it.Conviction Records
• For misdemeanor convictions, expungement is possible after:
  • Five years from the conviction date for misdemeanors, provided no new convictions occur, all fines and fees are paid, and no charges are pending.
  • For low-level felonies (Class D or Level 6), the wait is eight years from the conviction date, with similar conditions.
  • More serious felonies require longer waiting periods and, in some cases, prosecutor consent with discretionary approval by the court.
  Speak to your criminal defense attorney if interested in expungement or conditional release.