I have been charged before, in Jasper County, Indiana in 2008, and I was able to get on the deferral program and finished that up without any problems. I'm wondering what will be the most likely outcome for my situation here and what actions I should take. I'm hoping that this will be a Class A misdemeanor, but I've read that 2nd offenses register as Class D felonies. What should I do?
Criminal Defense Attorney
First, you should probably hire a criminal defense lawyer to represent you in your case. Your charge could be a Class D Felony in the State of Indiana if it's alleged that you possessed more than 30 grams of marijuana and/or you have a prior conviction for possession of marijuana. Based upon your description, it sounds like your previous possession of marijuana case was dismissed through the deferral program so it would not count as a prior conviction. Your attorney can review the various issues with you in your case. Good luck.
Juan C. Garcia, Jr.
GARCIA LAW OFFICE, LLC
Workers' Compensation Lawyer
Every County handles these matters differently. I would contact the Tippecanoe County Bar Association to seek referral to a criminal defense attorney who would provide a free initial consultation. If money is an issue, you may need to conserve it for program fees that may be imposed. Here is their link: http://lafayettelawyers.org/links.html You may qualify for another deferral or conditional discharge. A CD similar to a deferral only you plead guilty and are convicted for the year. If there are no further charges, the conviction is discharged. The difference is that if you are charges with another offense during the designated period, the conviction sticks. Good luck.
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