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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 115497
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My son got the same ticket possession by a minor but it was

Customer Question

my son got the same ticket for tobacco possession by a minor but it was an e-cig not tobacco. Is this a ticket I should fight?
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
state is Indiana
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The maximum sentence for a class C infraction is 60 days and/or a fine up to $500 (almost all of these charges result in a fine only, not jail unless it is a habitual offender). This is the lowest charge in the Indiana code. Indiana considers vapes and e-cigarettes to be a tobacco product and thus illegal to possess by minors, so it is still a violation of the law. However, you should still go to court and plead not guilty and seek a conference with the prosecutor, because most times for a first offense they will offer a deferred adjudication, where you pay a reduced fine and he does community service and attends a substance abuse class and they will agree to dismiss the citation upon successful completion. This is better for him than simply pleading guilty and paying the fine.