Anderson, IN asked in Criminal Law for Indiana

Q: Didn't appear in court .arrested twice for less then a gram of meth what is the sentence for that .

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1 Lawyer Answer
James A Hanson
James A Hanson
  • Criminal Law Lawyer
  • Fort Wayne, IN
  • Licensed in Indiana

A: You wisely didn't provide a lot of detail. This is a conversation you should be having with your attorney.

Possession of small amounts of methamphetamine in Indiana is a Level 6 felony with an advisory sentence of 1 year, a minimum sentence of 6 months and a maximum sentence of 2 1/2 years.

If you were charged with two separate counts, the Court has the option of running sentences for each count concurrently (at the same time) or consecutively (back-to-back). Typically, the Court will either merge the counts or run them consecutively in a case like this.

However, if you were on pre-trial release or probation for one offense when you committed the other offense, the sentences are required to run consecutively by statute. Notice I said "committed" and not "arrested" or "charged." It only matters when the offense was committed.

Finally, there is a statute that allows the prosecutor to charge you with a new crime for failing to appear for court. If the charge is a felony, then the FTA charge is a Level 6 felony. If the charge is a misdemeanor, then the FTA is a Class A misdemeanor.

You really need to set an appointment with your attorney to discuss the specifics in your particular case.

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