Criminal attorneys in Fort Wayne IN help clients who have been charged with a drug-related offense. Even a first-time offender in various crimes faces the risk of incarceration, so having skilled legal representation is crucial to prevent the worst consequences. For some charges, pretrial diversion programs are possible options that allow the defendant to avoid going to jail. The offense must be considered relatively minor, such as possession of a small amount of marijuana. Indiana considers this type of possession in a first offense to be a misdemeanor, carrying a maximum sentence of 180 days in jail.
Criminal attorneys in Fort Wayne IN may be able to negotiate with the prosecution for the defendant to participate in a drug and alcohol education program or in substance abuse therapy. The goal is to prevent future illegal activity on the part of this person and to resolve any current or potential substance abuse issues. Prosecuting attorneys and the court system sometimes consider these options because many prisons are crowded, and bringing cases to trial uses substantial resources in time and money.
A pretrial diversion program may be considered similar to a sentence of probation. The individual must participate in certain activities before the case is dismissed or the sentence is considered completed. In addition to attending therapy or an educational program, random drug testing will be required. The individual may also be required to abstain from alcohol during this time period. A sentence of community service may be imposed as well. Failing to follow these requirements results in the mandatory minimum sentencing going into effect or another sentence that a judge has imposed in the event that the defendant does not comply.
Even though many states now allow marijuana for medical use and some have decriminalized it for recreational use, Indiana still views possession as a crime, even if the drug is for personal use only. A person charged with marijuana possession needs an attorney such as Richard Thonert for an aggressive defense. It is inadvisable for the defendant to attempt negotiating with prosecuting attorneys without professional legal representation. Browse our website for contact information.
