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  1. #1

    Default Charged with Possession of Marijuana and Possession of Paraphernalia

    My question involves criminal law for the state of: Indiana

    I am 18 years old.

    I have never commited a crime or felony - I have a clean record up to this point.

    Last night I was hotboxing my car with 5 other people. We were parked and the car was completely off and imobile when the event took place. We were parked in the drive way/back yard of a house my friends parents had recently purchased and were renovating so they could move into it soon. The location was chosen because it was pretty well hidden and no one was in the home. A police cruiser came by and shined a search light on us... told us he smelled it from the alley way and to get out of the car. We all did so immediately. We were all immediately searched, and when we were asked whom the vehicle belonged to, I claimed it. Since I claimed possession of the vehicle I was stuck with the charge of possession of marijuana (under 5 grams) and paraphernalia (a glass bubbler, a pack of joint papers and filters, and some flavored cigar wraps. Everyone but me was told to just go home. My car was towed and I was cuffed and brought into the station.. I was in a cell until this morning when I released on bail.

    So, what am I facing? (As far as consequences.)
    What can I do to come out of this with a clean record possibly?

    Is there any way I can come out of this with a clean record?

  2. #2
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    Default Re: Charged with Possession of Marijuana and Possession of Paraphernalia

    A violation of IC 35-4-11 for possession of less than 30 grams of marijuana is a Class A misdemeanor. First offense possession of paraphernalia under IC 35-48-4-8.3 is a Class B misdemeanor.

    Per IC 35-50-3-2, "A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000)". Per IC 35-50-3-3, "A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000)".

    See also the provision for conditional discharge,
    Quote Quoting IC 35-48-4-12. Conditional discharge for possession as first offense.
    If a person who has no prior conviction of an offense under this article or under a law of another jurisdiction relating to controlled substances pleads guilty to possession of marijuana, hashish, salvia, or a synthetic cannabinoid as a Class A misdemeanor, the court, without entering a judgment of conviction and with the consent of the person, may defer further proceedings and place the person in the custody of the court under such conditions as the court determines. Upon violation of a condition of the custody, the court may enter a judgment of conviction. However, if the person fulfills the conditions of the custody, the court shall dismiss the charges against the person. There may be only one (1) dismissal under this section with respect to a person.
    I suggest working with a criminal defense lawyer to try to work out a deal that will qualify you for a conditional discharge, then (if the effort succeeds) not breaking the law (including using illegal drugs) during the period of supervision such that you can get the benefit of the discharge.

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