Indiana Drug Possession Lawyers

Are you actually in possession of an illegal drug? Sounds like an easy question to answer once you are accused, but it isn’t. You need a drug crimes attorney on your side. Our Board Certified* lawyers have defended thousands of clients accused of illegally possessing drugs. Knowing how to convince prosecutors that you can win possession cases is crucial to a great outcome.

There are a variety of strategies that we have employed to successfully defend our clients when they are accused of possessing illegal drugs. For example, proving that the accused had knowledge that the drug was present can be a defense. Perhaps others were in the area where the drugs were found and it’s another person’s drugs. Again, as in all cases, there are a variety of ways to defend someone accused of possession of drugs. The Criminal Defense Team‘s years of experience, know-how, and reputation for going to trial come together to create the best outcome for people accused of any crime, including illegal possession of drugs.

Why You Need an Experienced Drug Possession Attorney

Most people assume that drug possession cases are open and shut and that a person was either caught with drugs in their hand or they weren’t. Often, drug possession cases are not that simple. They can be complex, with several different layers and numerous factors that can all play a part in how a drug case unfolds. That is why an individual charged with drug possession needs a skilled and experienced drug possession attorney on their side from the start. An attorney understands what’s at stake and knows how to examine all angles of a drug possession case to craft a strategic defense plan that offers the best opportunity for a favorable outcome for the situation.

The Criminal Defense Team can help guide you through the legal process. We will be in constant, transparent communication with you. At no point do you have to feel alone or isolated by your situation because you always have an experienced attorney by your side, fighting for you. A knowledgeable attorney can be crucial to the outcome of your case. 

What Is Possession?

“Possession of a controlled substance” sounds simple to define. It sounds as though an individual is found with an illegal drug in their hands or pocket. Easy. However, the law is complex, and possession can actually be much more complicated to legally pin down than merely, “a person has been found holding marijuana.” The legal definition of possession of a controlled substance is that any person found to knowingly or intentionally possess a controlled substance without a valid prescription has “possession of a controlled substance.” Yet, a definition is only part of the equation and can be broken down into two subcategories: actual possession and constructive possession.

Actual possession is straightforward. It is when a person allegedly has direct and physical control of the drug or illegal substance. This could mean that a controlled substance has been found in a person’s hand, in their pocket, or even hidden in their shoe. A drug possession charge may also stick if someone witnessed an individual attempt to dispose of an illegal substance. For example, if an individual sees law enforcement approaching and they throw the drug out the window or drop it on the ground and law enforcement or a witness saw them do it.

Constructive possession is different. Constructive possession refers to an individual’s relationship and control over an illegal substance. Essentially, it is the accused’s intention to possess the drug. If law enforcement searches a person’s apartment and finds drugs in a bedroom, it may be inferred that the person living there, whose name is on the lease, intends to possess the drugs found in the room. This may be the case even though the drugs are not actually being held by the accused at that moment in time.

While the scenarios presented for actual and constructive possession may seem very black or white, that isn’t always the case. There are a wide variety of circumstances that can make possession cases complicated, which is why anyone charged with drug possession needs to immediately consult with an experienced defense attorney. A seasoned defense attorney understands the complexities of drug crime cases and can use this knowledge to craft a defense strategy that has a stronger chance of producing a favorable outcome for the accused.

Penalties for Drug Possession

The legal system doles out harsh penalties for those found guilty of drug possession crimes. The severity of the punishment is often dependent upon which type of drug was allegedly found in an individual’s possession and how much of the drug they had on hand. Being in possession of one type of drug may carry a misdemeanor charge, while being in possession of a different class of drug may mean an individual is facing a serious felony charge.

While there is a broad drug classification system, some of the most common charges and penalties relating to possession are as follows:

Marijuana Possession

Any amount

• Class B misdemeanor
• Fines up to $1,000
• Jail time up to 180 days

Less than 30 grams with a prior drug conviction

• Class A misdemeanor
• Fines up to $5,000
• Jail time up to 1 year

30 grams or more with a prior drug conviction

• Level 6 felony
• Fines up to $10,000
• Jail time from 6 months up to 2 ½ years in prison

Possession of a Controlled Substance

• Class A misdemeanor
• Fines up to $1,000
• Jail time up to 1 year

Possession of a Controlled Substance With enhancing circumstances

• Level 6 felony
• Fines up to $10,000
• Jail time from 6 months up to 2 ½ years in prison

Possession of Methamphetamine

Less than 5 grams

• Level 6 felony
• Fines up to $10,000
• Jail time from 6 months up to 2 ½ years in prison

5 grams but less than 10 grams

• Level 5 felony
• Fines up to $10,000
• Prison time from 1 to 6 years

10 grams but less than 28 grams

• Level 4 felony
• Fines up to $10,000
• Prison time from 2 to 12 years

Possession of Methamphetamine

More than 28 grams

• Level 3 felony
• Fines up to $10,000
• Prison time from 3 to 16 years

Possession of Cocaine or Other Narcotics

Less than 5 grams

• Level 6 felony
• Fines up to $10,000
• Jail time from 6 months up to 2 ½ years in prison

5 grams but less than 10

• Level 5 felony
• Fines up to $10,000
• Prison time from 1 to 6 years

10 grams but less than 28

• Level 4 felony
• Fines up to $10,000
• Prison time from 2 to 12 years

More than 28 grams

• Level 3 felony
• Fines up to $10,000
• Prison time from 3 to 16 years

Possession of Drug Paraphernalia

• Class C misdemeanor
• Fines up to $500
• Jail time up to 60 days

For all drug possession-related offenses, if there are “enhancing circumstances,” penalties will typically be much more severe. Generally, the most common types of enhancing circumstances that can result in stiffer penalties include:

• Prior drug-related convictions
• The violation occurred within 500 feet of a school or public park
• The violation occurred within 100 feet of a substance abuse rehabilitation center
• The violation occurred on a school bus or in front of a minor
• The violation occurred in a correctional facility
• The individual was in possession of a firearm at the time of the offense

For example, if an individual is allegedly found with 11 grams of methamphetamine, but they were in front of a school at the time of their arrest, they would be facing level 3 penalties instead of level 4 penalties. That means potentially more prison time.

Other serious repercussions can come from a drug possession conviction, as well. In addition to fines, prison time, and probation, other consequences can haunt an individual for years. A drug conviction may hurt an individual’s chances of landing a job, home, or apartment. It can also result in the individual losing their professional or state license to practice in certain fields. A drug possession conviction may also financially impact an individual by limiting the person’s ability to get a loan. It will also render a person ineligible to receive Federal Student Aid for higher education.

Beyond the financial impact, a drug conviction may also have a negative impact on an individual’s parental rights and can tarnish your personal and professional reputation. These are all things that can end up impacting a person’s life well after they have served their time.

When it comes to the penalties of a drug conviction, there is more to consider than simply jail time and fines. The ripples of a conviction can be felt for months and years after you have served your time and paid your dues. Drug possession charges at any level are serious and should be handled by an experienced and knowledgeable defense attorney. This is not the time to try and fight the system on your own. If you are facing drug possession charges, talk to a seasoned defense attorney with The Criminal Defense Team immediately.

What is Drug Court?

Drug courts in Indiana, like in many other states, are specialized court programs designed to handle cases involving non-violent drug offenders. The primary aim is to address substance abuse issues through a combination of judicial supervision, treatment, rehabilitation, and accountability rather than just punitive measures like incarceration.

Defendants charged with non-violent drug-related offenses may be eligible for drug court participation. Participation in drug court is often voluntary. Defendants may choose to participate in the program, usually after consultation with their attorneys, and upon meeting eligibility requirements.

The following are several factors of drug court:

• Treatment Plan: Upon acceptance into the program, participants undergo a comprehensive assessment to determine their treatment needs. A customized treatment plan, which may include counseling, therapy, drug testing, and educational or vocational programs, is developed for each participant.
• Judicial Oversight: Participants appear regularly before a specially trained judge who monitors their progress. The judge sets individualized goals and monitors compliance with the treatment plan. Sanctions or rewards may be imposed based on compliance or non-compliance with program requirements.
• Support Services: Participants receive various support services, which may include access to substance abuse treatment programs, mental health services, job training, and housing assistance.
• Regular Drug Testing: Regular and random drug testing is often a requirement. Participants are expected to remain drug-free as a condition of their participation.

Successful completion of the drug court program typically results in reduced charges or dismissal of charges. Graduates may also receive incentives such as reduced sentences or expungement of their records, depending on the program and their individual progress.