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Noblesville Drug Possession Lawyer

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Why Hire Our Drug Possession Attorney in Noblesville?

Despite attempts at reform, many states, including Indiana, continue to heavily punish individuals found in possession of drugs. Indiana’s controlled substances law states that it is unlawful to possess a controlled substance without a valid prescription. Being found in possession of drugs can result in serious criminal charges. If you have been charged with drug possession, you should contact an experienced Noblesville drug crime attorney with the The Criminal Defense Team of Baldwin Perry & Wiley PC for immediate legal assistance and guidance.

How Does Indiana Define Drug Possession?

Some people are confused when they are charged with drug possession for drugs that are not actually in their possession. For example, they might be accused of this criminal offense if drugs are found in their car or a shared residence. This is possible because Indiana recognizes constructive possession, which is when someone has dominion or control over a prohibited item. Therefore, a person can be charged with drug possession if they are in actual or constructive possession. 

Additionally, a person can face charges for possession with intent to distribute based solely on the quantity of drugs in their possession. Understanding these key distinctions is critical to determining a viable legal defense. 

Potential Penalties for Drug Possession 

How you are charged and the potential penalties you face will depend on factors such as the type of drug, the quantity, and the circumstances surrounding the offense. You can face elevated charges if you are found in possession of a drug:

  • At a school or on a school bus
  • Within 1,000 feet of a school, public park, family housing complex, or youth program center

Simple possession is a Class A misdemeanor punishable by up to one year in jail, but felony charges can result in 30 years behind bars. 

Possible Defenses to Drug Possession Charges

If you are charged with drug possession, it’s essential that you contact an experienced criminal defense lawyer who can evaluate potential defenses you can raise, such as:

  • No proof of possession: This defense may apply in cases involving constructive possession. The drug could have belonged to someone else, or you might not have known of its presence.
  • Not drugs: Drug possession charges rely on the substance involved being a controlled substance as defined under the law. If the drug was not a controlled substance or it goes missing after your arrest and isn’t available for testing, you could have a defense.
  • Emergency: Indiana law has a limited exception that allows leniency if you have certain controlled substances that are intended to save lives. 
  • Procedural violations: Cops could have violated your rights by searching your car, person, or home without a valid warrant, probable cause, or your permission.

Our Noblesville criminal defense attorneys will evaluate whether these or other defenses are available to you. We can also explore other options, such as participating in drug court or seeking to have your charges dismissed.

Contact Our Criminal Defense Attorneys Today

When facing drug possession charges, you need a lawyer who can aggressively defend your rights. Call The Criminal Defense Team at (317) 678-9853 to begin with a free case review.