Possession of Marijuana While on Probation in Indiana
My question involves criminal law for the state of: Indiana
Last night my boyfriend was stopped and arrested for possession of marijuana. When he dropped me off at 11 he had less than a gram on him. I don't know if he had more on him, I was a mess when I was talking to the officer at the sheriff's department and forgot to ask. So my question is this: he was on probation before because his parents turned him in when he was 17 not knowing what to do with him anymore and thinking it would be a good solution (it was not). I don't think he was actually arrested. Im not sure if its possible to not be arrested and be on probation though. If he wasn't arrested then, that would make this his first offense. How lenient are the laws in Indiana or does it depend on the judge? I know you can get a maximum of one year and up to a $5000 fine, but how often do people get the maximum sentence? I honestly feel really confused and helpless and any information that could ease my mind would be great. Thank you.
Re: Possession of Marijuana in Indiana
When criminals violate their probation, they can be sentenced up to the maximum remaining time on the underlying charge. He can also be punished for his new crime. The penalty will depend upon factors including the criminal's prior record, his prior compliance or noncompliance with probation, his record in the community including whether he's employed or in school, and the policies of the judge, prosecutor and probation department.