Skilled Drug Possession Attorney in Noblesville, IN
Drug possession arrests range from misdemeanor marijuana charges to felonies involving cocaine, methamphetamine, or possessing prescription medication without a valid prescription. Your Noblesville drug possession lawyer can investigate the specific drug you were accused of having, where officers claim they found it, whether it was truly in your possession, and if the evidence was gathered legally.
Advocates for Your Community
It’s common for drug cases to involve large amounts of evidence. The Criminal Defense Team of Baldwin Perry & Wiley P.C. is built to work with large amounts of discovery. Our law firm has over 100 years of collective experience. We assign at least two attorneys and a paralegal to every case. That allows our lawyers to split up evidence review and brainstorm potential defenses together.
Just six attorneys in the entire state of Indiana are Board-Certified* Criminal Trial Specialists. Five of them are part of The Criminal Defense Team of lawyers. You may see a specialist if you have a complicated medical condition. In the same way, you would hire a drug possession lawyer with similar experience for your legal issues.
How Indiana Defines Drug Possession
Possession isn’t limited to police allegedly finding drugs in someone’s hand or pocket. Prosecutors can file charges based on actual or constructive possession. The latter typically applies to cases where drugs were allegedly found somewhere the defendant had both the ability and intent to exercise control over them.
That distinction can become important along State Road 37 or Interstate 69 during traffic stops where more than one person is riding in the vehicle. Constructive possession often comes up when drugs are located in the center console, backpack, or another location where multiple people had access. Indiana’s drug possession laws also differ based on which substance is allegedly possessed. Indiana Code Chapter 35-48-4 includes separate sections on possession of:
- Controlled substances
- Marijuana
- Cocaine
- Narcotics
- Methamphetamines
The Drug Task Force in Hamilton, IN, had 252 drug-related charges filed in 2025. There were 108 cases opened and 104 arrests made.
How Drug Schedules Affect Possession Charges
Indiana places most controlled substances in Schedules I through V. However, the penalty for drug possession charges depends on the drug and other factors, not simply its schedule.
Generally, unauthorized possession of Schedule I substances (except marijuana, hashish, and salvia) and Schedule II, III, or IV substances is prosecuted as a Class A misdemeanor. However, if there’s an enhancing circumstance, the offense can become a Level 6 felony.
Also, certain unauthorized possession of a Schedule V controlled substance is a Class A misdemeanor. Possession of cocaine or a Schedule I or II narcotic drug is charged under Indiana Code § 35-48-4-6. In addition to being a Level 6 felony for basic possession, the drug amount, along with enhancing circumstances, can raise the level of the offense in Noblesville, IN. For example:
- Less than five grams: typically a Level 6 felony but could be a Level 5 felony with an enhancing circumstance.
- At least five grams and less than ten grams: typically a Level 5 felony but could be a Level 4 felony with an enhancing circumstance.
- At least 10 grams and less than 28 grams: typically a Level 4 felony but could be a Level 3 felony with an enhancing circumstance.
- 28 grams or more: Level 3 felony.
Drug Possession and Diversion
Hamilton County maintains a Pretrial Diversion Program for qualified persons with minimal or no criminal history who are charged with certain misdemeanors and Level 6 felonies. If all diversion requirements are completed, the case may usually be dismissed after twelve months in the program.
Possession of marijuana is listed as an offense that may qualify some of the time. Other charges may be offered at the discretion of the prosecutor. Eligibility is determined on a case-by-case basis. Qualifying for diversion based on drug possession also typically requires undergoing a substance abuse evaluation and completing counseling.
Hamilton County requires no less than eight hours of counseling but may require additional hours if recommended by the counselor.
Police Searches
Searches and seizures cannot be unreasonable under the Fourth Amendment. For that reason, the issue of whether the police legally acquired drugs is often a significant issue in a drug possession charge. If evidence was seized during an unconstitutional search, your attorney might be able to file a motion to suppress it. Without the evidence, the prosecution may no longer be able to pursue the case.
Residents of areas near downtown Noblesville, the Morse Reservoir, and the growing State Road 32 and State Road 37 corridors may have their criminal trial at the Hamilton County Government and Judicial Center, 1 Hamilton County Square, Noblesville, IN 46060.
What to Do if Charged With Drug Possession?
Following your arrest for drug possession, don’t talk to others about the facts of your case and don’t post about your case online. Save any text messages, photos, or other documentation that might be useful to your case. Abide by all rules of pretrial release and show up to all of your court hearings.
Speak with your lawyer before you make any statements about the alleged drug possession or take a plea deal. An attorney can determine how the police searched for and found the alleged drugs, any issues with you having actual or constructive possession, what penalties you are facing, and if Hamilton County Pretrial Diversion is an option.
Hire a Drug Possession Lawyer
If you need to hire a drug possession lawyer, an attorney can help you better understand the specific substance you’re charged with possessing and the statutory violation alleged. Counsel can also determine constructive possession issues and advise you on diversion or alternative resolutions.
A Noblesville drug possession attorney can also assess enhancing circumstances and prior convictions before explaining sentencing ranges, potential drug possession penalties, and plea offers to a defendant.
Learn About Your Legal Options Today
The location of the controlled substance and police authority to obtain it are just two details that could change your case. The Criminal Defense Team of Baldwin Perry & Wiley P.C. has a 24/7 attorney on-call system and provides teamwork-driven representation to defendants throughout Hamilton County.
Five of Indiana’s six Board-Certified* Criminal Trial Specialists are available through The Criminal Defense Team. Contact us to learn more about your Noblesville drug possession charge and possible defenses.
*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.