Practice Area: Criminal Defense
Court: Greenwood City Court, Johnson County, Indiana
Attorney: Mark Nicholson
Result: Diversion Agreement and Case Dismissed

The Situation

Our client was walking down a street with his wife in Greenwood, Indiana, when police officers approached him. The officers claimed they smelled the odor of marijuana and saw our client throw what appeared to be marijuana into a nearby bush.

Police subsequently searched the area and recovered marijuana. As a result, our client faced a criminal charge in Greenwood City Court.

Our Strategy

Attorney Mark Nicholson reviewed the circumstances surrounding the police encounter, the officers' observations, and the recovery of the alleged marijuana. After identifying legal and evidentiary issues with the State's case, Attorney Nicholson raised those concerns with the prosecution.

Determined to protect his client from a criminal conviction, Attorney Nicholson emailed the prosecutor at approximately 2:00 a.m. and proposed resolving the case through a diversion agreement.

The Result

The prosecutor agreed to diversion. After our client successfully completed the six-month diversion program, the criminal case was dismissed.

Because the case ended in a dismissal rather than a conviction, the client can pursue expungement to remove the case from his public record.

Why This Case Matters

Even a misdemeanor marijuana charge can create consequences for a person's employment, housing, education, and reputation. A diversion agreement provides an eligible defendant with an opportunity to avoid a criminal conviction and earn a dismissal by satisfying specific conditions.

Attorney Nicholson's careful review and persistent advocacy secured an outcome that allowed this client to move forward without a marijuana conviction on his record.