If Prosecuted For a Drug or Alcohol Crime Anywhere in Hamilton County, We Know How To Help You.
Within the Indiana code exist valuable statutes for an experienced Noblesville criminal defense lawyer to employ to protect the future prospects of a young adult or child or an otherwise law abiding citizen caught up in a possession of marijuana prosecution or minor alcohol offense. Whether the terminology is called “an agreement to withold prosecution” or “conditional discharge” it is the obligation of your criminal defense attorney in Noblesville to otherwise educate the prosecution and/or judge as to these sentencing options that can keep a criminal conviction off of the client’s record. In my experience as a criminal attorney I have often been surprised at how inexperienced some criminal attorneys and prosecutors are in utlizing these provisions of the Indiana code to a client’s significant benefit.
In taking advantage of the these Indiana drug laws and alcohol crime statutes that can dismiss Indiana marijuana and/or alcohol offenses without the risk of trial, your Hamilton County criminal defense attorney will be in position to preserve one’s employment, driver’s license (minimum 180 day license suspension in Indiana if connection between drug possession/usage and operation of a motor vehicle) and or potential educational scholarships that may otherwise have been lost.
For minor drug or alcohol offenses, (first offense Possession of Marijuana, Public Intoxication, Juvenile/ Under 18 Illegal Possession/Consumption of Alcohol, Disorderly Conduct), there may be valuable options available to the experienced Indiana criminal defense attorney. In such cases all efforts must be made not only to eliminate the prospect of criminal punishment but to seek dismissal of the charges. For one who has never been arrested all efforts must be expended by your defense lawyer to provide such individuals the second chance that Indiana drug and alcohol laws potentially allow if the attorney knows where to look.
How a more serious drug laws prosecution proceeds (Dealing/Possession of Controlled Substance, Prescription Fraud, Dealing/Possession of Marijuana with Prior Conviction(s) is often dependant on several factors; 1.) What court in Hamilton County is the case being prosecuted in? 2.) Will the Indiana drug laws prosecution be filed in state or federal court? 3.) At what stage of the prosecution have I been retained to represent the person(s) accused? 4.) Does the prosecution and/or police need or want my client’s testimony against other co defendants or uncharged suspects?
Where a client is under investigation for a violation of drug laws in Indiana, all steps must be aggresively pursued by a criminal defense lawyer in Noblesville or Hamilton County to steer such a case away from the federal court system. Under federal drug laws, what are called “mandatory minimum sentencing” apply mandating prison time for certain drug crimes. Had these same cases be filed in Hamilton County state court in Noblesville, a criminal defense lawyer could potentially eliminate incarceration altogether depending upon the client’s criminal history. For example, one who mails and/or crosses state lines with the intent to distribute marijuana subjects themselves to possible mandatory imprisonment within federal court, even if no prior criminal history. The same circumstances in state court would allow your Noblesville criminal defense attorney in Hamilton County to employ state drug laws available to potentially suspend the potential for incarceration.
Where many types of drug prosecutions have been decreasing over the years, an emerging focus of Indiana prosecutors statewide is on the prosecution of Prescription Drug Offenses and the Forgery and/or Deception in obtaining such drugs. Prosecutors and law enforcement value such prosecutions for they often target professionals (doctors, nurses, pharmacists, lawyers, paralegals, etc.) who otherwise would never expect to be the focus of the criminal justice system. Unlike prosecutions directed at the hopeless addict, these prosecutions allow law enforcement potential media attention and the notion that they are being tough across the board on all citizens.
Whether investigated or prosecuted in Hamilton County state court or federal court, one answer is clear; if being investigated or charged with a crime under Indiana drug laws you must contact a Noblesville criminal defense attorney in Hamilton County as soon as possible. In doing so, you will be in the best position to preserve your legal rights, to shape where such a case can potentially be filed and to safeguard favorable options that could otherwise be lost.
Brief Summary of Drug & Alcohol Laws
* Please know the above referenced information is intended to provide you with a brief outline of select drug & alcohol offenses most commonly prosecuted. As there are many more drug and/or alcohol offenses within the Indiana Code, please feel free to call me at any time to discuss your particular case, and any additional laws or penalties that could apply.
The term “enhancement” wherever specified, includes, but are not limited to, cases involving the manufacture of drugs, use of guns, distribution to a minor or one three years one’s junior, conduct within proximity of minor children, prior dealing related conviction, in a “drug free zone,” on or within five hundred feet of a school bus or public park where children can reasonably be expected to be present.
Possession of Marijuana, Public Intoxication, Minor in Possession of Alcohol, Minor Illegal Consumption of Alcohol: Class B Misdemeanor
Zero to One Hundred Eighty Days in county jail. Fine up to one thousand dollars.
Such cases where an individual has no prior arrests and/or criminal convictions may be subject to “Diversion,” “Witheld Prosecution” or “Conditional Discharge” treatment. Such terms are often used interchangeably depending upon the county 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 for one with a prior conviction, Possession of Controlled Substance with no enhancement: Class A Misdemeanor
Zero to One Year incarceration within applicable county jail facility. Up to one year probation and up to five thousand dollar fine.
Possession of Marijuana with a prior conviction and over 30 grams, dealing under 30 grams with a prior conviction, dealing over 30 grams but less than ten pounds with no prior criminal history, prescription fraud/forgery offenses with no priors, possession narcotic drugs, cocaine, methamphetamine under five grams: Level 6 Felony
Six months to two and one half years imprisonment within Indiana Department of Corrections Prison facility. Fine as high as ten thousand dollars with term of probation for no greater than 2 and one half years. Probation term of up to two and one half years.
Possession of Narcotics, Methamphetamine, Cocaine more than five grams and less than ten, dealing controlled substance with no enhancements and under one gram, dealing Marijuana over thirty grams and under ten pounds with a previous drug related conviction, dealing Marijuana over ten pounds with no prior, prescription fraud with previous conviction: Level 5 Felony
Minimum of One year to maximum 6 years imprisonment within Indiana Department of Corrections Prison facility. Presumptive three years imprisonment. Fine up to ten thousand dollars with term of probation as high as 8 years. Probation term of up to eight years.
Dealing Controlled Substances greater than one gram less than five grams, dealing below one gram with an enhancement, possession of methamphetamine, cocaine or narcotic drug between ten and eighteen grams with corresponding enhancement upgrade: Level 4 Felony
2 to 12 years Indiana Department of Corrections. Presumptive sentence of 6 years.
Dealing controlled substances over five grams but under ten grams, under 5 grams with enhancement upgrade: Level 3 Felony
3 to 16 years imprisonment Indiana Department of Corrections. Presumptive term of incarceration of 9 years.
Dealing controlled substances over 5 grams and below 10 for one with an enhancement, dealing controlled substance over ten grams with no enhancement: Level 2 Felony
10 to 30 years imprisonment Indiana Department of Corrections. Presumptive term of incarceration of seventeen and one half years
