Practice Area: Criminal Defense and Civil Forfeiture
Court: Marion County, Indiana
Attorney: Mark Nicholson
Result: Dealing Charge Dismissed, Time Served, and Vehicle Returned

The Situation

Our client became the target of a marijuana investigation involving surveillance of a residence. Officers monitored the home and observed the client arriving and leaving. Police later stopped him and alleged that drugs were discovered both inside the residence and in his vehicle.

The State charged the client with marijuana possession and dealing. It also seized his Dodge Challenger and sought to permanently take the vehicle through a civil-forfeiture action.

Our client faced not only serious criminal allegations but also the loss of a valuable automobile.

Our Strategy

Attorney Mark Nicholson challenged the evidence supporting the dealing allegation and negotiated a resolution that substantially reduced the client's criminal exposure.

At the same time, Attorney Nicholson contested the State's effort to forfeit the Dodge Challenger. He challenged whether the facts and circumstances legally justified permanently taking the vehicle.

The Result

The dealing charge was dismissed. The client pleaded guilty only to possession and received a time-served disposition, meaning that he did not have to serve additional jail time.

In the separate forfeiture proceeding, the State conceded that the Dodge Challenger should not be forfeited. After the required storage charges were addressed, the vehicle was returned to the client.

Why This Case Matters

An arrest involving alleged drugs does not automatically give the government the right to keep someone's vehicle. Civil forfeiture is a separate proceeding, and the State must have a lawful basis for permanently taking the property.

By addressing the criminal charges and the forfeiture action together, Attorney Nicholson secured dismissal of the more serious dealing charge, avoided additional incarceration, and recovered the client's Dodge Challenger.