Possession of marijuana can be as simple as receiving a ticket, sometimes known as a summons, to as potentially complicated as being arrested, posting bond, facing many years in jail, and thousands—if not tens of thousands—of dollars in attorney’s fees. In most states, simple possession of marijuana, under an ounce, is a misdemeanor. If you have been previously convicted of possession, it may jump up to a felony. If you have several drug convictions on your record, you could be subject to even greater penalties.
Misdemeanor Cases
Since most people who are arrested for possession of marijuana are charged with a misdemeanor, there are several options for resolving your case. You should never try to do this yourself. People call me all the time asking for advice on how to represent themselves. What I tell every one of them is that I don’t give legal advice on how to proceed without my legal advice. If I have a tumor, I don’t contact an oncologist and ask how to treat it without his help. I see a doctor. Same thing should apply if you are arrested—for possession, or for anything else. Why try to save a few dollars at the expense of having a criminal record that lasts a lifetime, that may result in imprisonment or fines, and that may subject you or your loved ones to enormous consequences you never anticipated?
Getting a Case Dismissed
In Indiana, as in most jurisdictions, first offense marijuana cases can be resolved simply and inexpensively. Oftentimes we are able to work out an agreement with the prosecutor that calls for you to be put on probation for a short period of time, subject to random drug tests, which if you successfully complete, your case is dismissed. This is called diversion or deferral. It is a process that allows your arrest to never appear on your record. If you do not successfully complete diversion, however, you then are facing possibly a year in jail. So, it is a decision that should be made very carefully. Don’t just say “No problem, I won’t smoke weed for 9 months” because for the vast majority of my clients, it is a problem. Big reward if you are successful; bigger risks if you’re not.
Second Drug Possession Offense - Potential Felony
If you are arrested for a second marijuana (or any other drug) charge, you will likely be charged with a felony, arrested, and required to post bond. In any drug case, the facts surrounding the arrest are always the first thing to be examined. Why were you arrested? Was it because of a traffic stop? Did you do something to cause the police to think you might be high? How long were you detained? Were you told that you didn’t have to consent to a search? These are just a few questions your lawyer should discuss with you. There are many others. Make sure that the lawyer you hire does criminal defense. Don’t hire a family law lawyer to try to deal with your freedom.
The easiest answer to the question “How should I plead to a marijuana possession charge?” is “You shouldn’t—your lawyer should plead on your behalf.” If you’ve hired the right lawyer, they’ll know all of the ins and outs of your county and they’ll know how to best serve your interests.
