In recent years, cities and states throughout the nation have begun to legalize and decriminalize the sale and possession of marijuana. Indiana is not one of them.
Law enforcement officers in the Hoosier State continue to charge people with marijuana offenses every day.
If you have recently been arrested for an offense of this nature, please reach out to an Indianapolis marijuana crimes lawyer from the law firm of Suhre & Associates, LLC, as soon as possible. We may be able to help you get your drug charges reduced or dismissed.
How Our Law Firm Can Help You Fight Back Against Your Drug Charges
The attorneys here at Suhre & Associates, LLC, are committed to providing the people of Marion County, IN, with exceptional legal services. When you ask us to defend you against your marijuana charges, we will:
Protect Your Constitutional Rights
As a resident or citizen of the United States, you are granted certain rights by the U.S. Constitution. Most notably, you have a Fourth Amendment right to avoid unreasonable search and seizure as well as a Fifth Amendment right to avoid self-incrimination.
Should an overzealous law enforcement officer or prosecutor try to infringe upon your rights, the Suhre & Associates, LLC, legal team will intervene as quickly as possible.
If necessary, we can also take the matter to the judge and seek to have evidence collected through a rights violation excluded from the case.
Guide You Through the Legal System
The criminal justice system in the state of Indiana can be incredibly complex and confusing. And neither the arresting officer nor the prosecuting attorney is legally obliged to provide you with any information about it. As a result, you may find yourself becoming flustered and frustrated as you battle to clear your name.
When you hire the law firm of Suhre & Associates, LLC, one of the first things that we will do is sit down at a table with you and walk you through what you can expect at every stage of the process. If you have any questions along the way, we will be happy to answer those too.
Negotiate a Plea Bargain with the Prosecuting Attorney
As you work your way through the Indiana justice system, there is a chance that the prosecutor assigned to your case will offer you a plea bargain deal. Unfortunately, the penalties outlined in their initial agreement are likely to be quite strict. If you would like to try to land a more lenient deal, some negotiation may be necessary.
The criminal defense lawyers here at Suhre & Associates, LLC, have been negotiating with Marion County prosecutors for many years. As a result, we have learned all of the best techniques to use to try to convince them to be a little more lenient. When you work with us, we will do everything in our power to try to hammer out a favorable deal on your behalf.
Represent You in Court
If your marijuana case cannot be resolved through the plea bargaining process, it is all but certain to end up in court. There, a judge and jury will hear arguments from both sides before deciding whether or not you should be convicted – and what your punishment ought to be.
The best way to ensure that your trial runs smoothly is to have an experienced attorney represent you throughout the proceedings. Fortunately, when you work with Suhre & Associates, LLC, “experience” is exactly what you will get. Our legal team has been arguing drug cases in court for years and is ready to stand up for you.
Would you like to have our law firm help you fight back against the state’s accusations? If so, please give us a call or contact us online today to set up a free consultation at our Indianapolis headquarters.
An Overview of Indiana’s Marijuana Laws
The state of Indiana has several statutes on its books that outlaw the sale, possession, and use of marijuana. They are:
Possession of Marijuana
Section 35-48-4-11 of the Indiana Code explains that it is illegal for an individual to:
- Knowingly or intentionally possess any amount of marijuana, hash oil, hashish, or salvia
- Knowingly or intentionally grow marijuana, or
- Fail to destroy marijuana plants that they know are growing on their property
Individuals who violate this statute can be arrested and charged with possession of marijuana.
When the offender is found to have less than 30 grams of marijuana in their possession, this offense is typically punishable as a Class B misdemeanor. If they possess more than 30 grams of this controlled substance, this crime can be upgraded to a Level 6 felony.
Dealing in Marijuana
Section 35-48-4-10 of the Indiana Code states that it is unlawful for an individual to knowingly or intentionally:
- Finance the manufacture of
- Deliver, or
- Finance the delivery of
Marijuana, hash oil, hashish, or salvia.
Indianans who violate this statute are guilty of dealing in marijuana.
This drug offense is generally classified as a Class A misdemeanor. However, it may be bumped up to a Level 6 felony if the offender has more than 30 grams but less than 10 pounds of marijuana. When the weight of marijuana exceeds 10 pounds, this crime is punishable as a Level 5 felony.
Dealing in Marijuana Paraphernalia
Section 35-48-4-8.5 of the Indiana Code explains that it is illegal for an individual to keep for sale, offer for sale, deliver, or finance the delivery of an instrument or device that is primarily designed to be used for:
- Ingesting or inhaling marijuana, hash oil, hashish, or salvia
- Testing the strength, effectiveness, or purity of marijuana, hash oil, hashish, or salvia
- Enhancing the effect of marijuana or any other controlled substance
- Manufacturing, producing, processing, or preparing marijuana, hash oil, hashish, or salvia
- Diluting or altering marijuana, hash oil, hashish, or salvia
Individuals who violate this statute may be charged with dealing in marijuana paraphernalia – a Class A misdemeanor.
If you have been charged with a marijuana offense and need skilled legal representation to help you fight back against your charge, please reach out to the team here at Suhre & Associates, LLC. We are always available to assist our friends and neighbors here in Indianapolis.
Criminal Punishments for Marijuana Convictions in Indiana
The state of Indiana is one of the strictest in the nation when it comes to punishing people that have been convicted of marijuana offenses. The sentencing guidelines for crimes of this nature are as follows:
- Class B Misdemeanors: Up to 180 days of jail time and a fine of up to $1,000.
- Class A Misdemeanors: Up to 12 months of jail time and a fine of up to $5,000.
- Level 6 Felonies: Up to 30 months in prison and a fine of up to $10,000.
- Level 5 Felonies: Up to 6 years in prison and a fine of up to $10,000.
At the law firm of Suhre & Associates, LLC, we know how terrifying the penalties for marijuana dealing and possession can be. That is why we fight so tirelessly to help our clients avoid them. If you want us to stand up for you, all you need to do is pick up the phone and give us a call.
Defenses Against Indianapolis Marijuana Charges
Over the years, the lawyers here at Suhre & Associates, LLC, have seen and used a plethora of defense strategies against marijuana charges in the state of Indiana. A short sampling of some of the most effective strategies would include:
Fourth Amendment Violations
The Fourth Amendment of the Constitution of the United States grants every Indiana resident the right to avoid unreasonable search and seizure. If an attorney can prove that law enforcement found their client’s marijuana during an illegal search, they may be able to get the evidence thrown out and the charge dropped.
It is unlawful for a law enforcement officer to pressure, force, or induce someone to commit a crime. If a defense lawyer can show that the marijuana in their client’s possession was forced upon them by a police officer, they should have no trouble getting the case dismissed.
To the untrained eye, plants like okra, cassava, and kenaf look a lot like cannabis. However, they are not illegal to own or sell. Attorneys can often get charges dismissed by proving that their client was not holding marijuana, but merely a plant that looks similar to it.
Lack of Knowledge
Indiana state law insists that an individual must be “knowingly” carrying marijuana to be charged with possession. If a lawyer can prove that their client was unaware of the marijuana on their person, they may be able to get the case reduced or dismissed.
Are you ready to hire one of our experienced attorneys to defend you against your marijuana charges? Then please do not hesitate to reach out and schedule a free consultation at our Indiana law office.
An Indianapolis Marijuana Crimes Lawyer You Can Count On
The attorneys here at Suhre & Associates, LLC, have been helping Indianapolis residents fight back against allegations of marijuana dealing and possession for many years. During that time, we have gotten numerous clients’ charges dismissed or reduced. If you would like to have us assist you with your criminal defense, please give us a call or contact us online at your earliest convenience.