Defending Constructive Possession Charges in Indianapolis
If you have been arrested for drug possession when the substance was not on your person, you likely were charged with constructive possession of the controlled substance. Both actual and constructive possession are penalized the same, but prosecution and defense of the charges may be different. Defending constructive possession charges in Indianapolis is complex, but essential to help you protect your rights and your future.
Types of Possession in Indiana
Indiana jury instructions define two types of possession, or when someone owns or has control over something. These are actual and constructive possession:
- Actual possession. This occurs when someone has immediate physical control over something.
- Constructive possession. This occurs when someone has knowing power over and the ability to control something, either himself or through someone else, even if they are not in actual possession of the thing.
Possession can also be either sole, when one person has actual possession or constructive possession, or joint, when two or more people share possession.
Drug Possession Charges in Marion County
There were 10,366 drug offenses in Marion County in 2025 reported by the Indiana Management Performance Hub. This included some of the following possession charges:
- 1,435 methamphetamine possession offenses
- 1,262 marijuana possession offenses
- 1,009 opioid possession offenses
- 827 cocaine possession offenses
- 739 controlled substance possession offenses
- 1,258 drug paraphernalia possession offenses
If you are arrested for a drug possession charge in Indianapolis, you may be arrested by the Indianapolis Metropolitan Police Department, the Marion County Sheriff’s Office, or the Indiana State Police District 52.
Defenses Against Constructive Possession Charges
There are several potential defenses against drug possession charges under constructive possession. This includes:
- Lack of knowledge: If you were unaware that the drug was present, this can be a defense, as you must have knowing possession. This defense is more likely to be applicable when the drug was not in plain sight, or if you were in someone else’s home or driving another person’s vehicle.
- No evidence of possession: You may have had no control or power over the drugs, meaning there is no evidence of possession. This may be a potential defense when controlled substances are in a location that multiple people had access to, and it cannot be proven that you had access to the substances. This is also a potential defense if you are unable to access the location where the controlled substances were held.
- Illegal search and seizure: Law enforcement need to have reasonable suspicion of a criminal offense to conduct a search and seizure. Otherwise, they need a warrant or your consent. If an illegal search was conducted, this is a violation of your rights. Any evidence secured in this search can be deemed inadmissible.
- Legal possession: You only commit the crime of drug possession if you did not have a valid prescription or practitioner’s order from the course of their practice. If you did have a prescription or order, you were not in criminal possession and cannot be convicted.
Each arrest and charge for drug possession is unique, and your defense needs to be tailored to your unique case. The right defense can help you avoid conviction or minimize the severity of your penalties.
FAQs
How Hard Is It to Prove Constructive Drug Possession?
It can be more difficult to prove constructive possession than actual possession, which is when you have immediate physical control of the drug.
In order for the prosecution to prove constructive drug possession, they must prove you constructively possessed the drug, meaning you 1) knowingly 2) had the power or ability to control the drug, 3) directly or through another person. The prosecution must also prove that you possessed it without a valid prescription or practitioner’s order.
What Is the Statute of Constructive Possession in Indiana?
There is no statute of constructive possession in Indiana. Constructive and actual possession are defined in Indiana Pattern Jury Instruction 14.6030 and under federal law. Indiana does have a statute for possession of a controlled substance: Indiana Code 35-48-4-7. Constructive possession is one type of possession that this statute covers, as well as actual possession. The state has other statutes for possession of other specific substances or other illegal items.
How Much Time Can You Get for Constructive Drug Possession?
The amount of time you can get for constructive drug possession depends entirely on the type of controlled substance you are determined to be in possession of, the amount of that substance that is present, and whether there are enhancing circumstances. There isn’t generally a specific sentence for constructive possession.
In Indiana, possession of a controlled substance can range from a Class B or Class A misdemeanor to a Level 6 to Level 3 felony.
How Can You Beat a Drug Possession Charge in Indiana?
You may be able to beat a drug possession charge in Indiana when you hire a drug possession lawyer. With an experienced defense lawyer, it is easier to determine your options for defense and navigate the criminal justice system. Your lawyer protects your rights, assesses the prosecution’s evidence and case, and reviews your arrest. You are more likely to avoid conviction or minimize the severity of your penalties with an attorney.
Hire a Drug Possession Lawyer at The Criminal Defense Team
Conviction of a drug possession offense can result in imprisonment, fines, and a permanent criminal record. This criminal record can affect the rest of your life, even after serving imprisonment and probation requirements. It can prevent you from opportunities in education, housing, loans, and employment. Getting a strong defense against constructive drug possession charges is crucial to protect your future.
The attorneys at The Criminal Defense Team of Baldwin Perry & Wiley P.C. offer over 100 years of criminal trial experience, five of the six Board-Certified Criminal Trial Specialists in the state, and a former prosecutor with experience on major felony cases. Our firm offers other benefits, including:
- 24/7 rotation on-call attorneys to help with your legal needs at any time
- Responsive and compassionate attorneys
- Collaborative attorneys who brainstorm cases to increase the strength of your defense
- All cases handled by a team with at least two attorneys and one paralegal
- Extensive resources to handle significant amounts of evidence during discovery
When you need a dedicated Indiana drug possession attorney, get in contact with our exceptional and Board-Certified team.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.