Possession of Controlled Substance

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Have you been charged with drug possession? Possession of a controlled substance is one of the most common drug offenses charged in Indiana and while it isn't considered as serious as some other drug charges, it can still result in serious felony penalties. If you have been charged, the time to speak with a dedicated and proven legal advocate is now.

At The Criminal Defense Team of Baldwin Perry & Kamish, PC, we know that our court system is inundated with drug cases and does not always give each accused individual the consideration they deserve. That is where our skilled and effective Noblesville criminal defense attorneys step in. We can ensure that you do not become just another case number and that every weakness in the state's case against you is thoroughly exploited.

Want to learn more about your defense options following your drug possession charge? Contact us today to request a free case evaluation.

Possession Penalties in Indiana

Drug offenses are determined by a number of complex Indiana statutes (Indiana Code Sections 35-48-4-7). The circumstances of the arrest will dictate what class felony the offense is considered by the state.

Important factors in a drug possession arrest include:

  • The type (or Schedule) of the substance found
  • The quantity of the substance found
  • The criminal history of the accused
  • Whether the possession occurred on a school bus
  • Whether the arrest occurred near school, youth center, public housing, or public park

Possession penalties include:

  • Possession of marijuana up to 30 grams is considered a class A misdemeanor, up to $5k in fines & 1 year in prison (more than 30 grams can rise to a class D felony)
  • Possession of less than 3 grams of heroin, LSD, ectasy or any other schedule I drug is considered a class D felony, up to $10k in fines & up to 3 years in prison
  • Possession of cocaine or methamphetamines less than 3 grams is considered a class D felony, up to $10k in fines & up to 3 years in prison
  • Possession of cocaine or methamphetamines more than 3 grams is considered a class C felony, up to $10k in fines & up to 8 years in prison

Note - Any possession of a drug near a school will be subject to a penalty enhancement, up to a class A felony with up to 50 years in prison & a $10k fine.

With the exception of the few circumstances (small quantities of marijuana, hashish, hash oil, salvia and other marijuana derivatives) drug possession will be considered a felony offense.When it comes to drug possession charges it is important to have a trusted legal advocate review the details of your case. At our firm, we aggressively pursue police procedure, probable cause, and search and seizure issues in these cases and make sure that every avenue towards a reduction or dismissal is exhaustively explored.

Ready to start building your defense? We're ready to hear from you. Call 888.988.5659 to speak with our team today.

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