Experienced Tippecanoe County Drug Possession Attorney
Being charged with drug possession in Tippecanoe County is no small crime. Most often, these offenses are charged as felonies and can be accompanied by severe, life-altering consequences. Whether you have been arrested in Shadeland or Ash Grove, you need to secure the confident and experienced legal defense offered by a Tippecanoe County drug possession lawyer from The Criminal Defense Team.
Get Effective Legal Defense: Trust The Criminal Defense Team
With over 100 years of combined experience, The Criminal Defense Team of Baldwin Perry & Wiley, P.C., is here to serve you. Now is not the time to leave your fate in the hands of an inexperienced lawyer. Instead, trust a Tippecanoe County drug crime lawyer who knows how to defend you.
Our team leaves no stone unturned when it comes to understanding your case and building your defense. To better serve you, one of our attorneys is on call 24/7, ready to protect your rights when needed.
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. In Indiana, there are only six total Board-Certified* Criminal Trial Specialists, and five of them work for The Criminal Defense Team.
Understanding Drug Possession Charges in Tippecanoe County
In Indiana, drug possession charges are no laughing matter, and while drug offenses decreased in 2023 by 3%, one person in the U.S. is arrested for a drug-related crime every 35 seconds. Indiana regulates the possession of controlled substances by classifying these substances into schedules based on the accepted medical usage and potential for abuse. If you are facing drug possession charges in Tippecanoe County, it is important to understand these drug schedules:
- Schedule I: These substances are typically the most serious and the most highly prosecuted in the state. They are known for having a high abuse potential and no accepted medical usage. These substances include LSD, heroin, MDMA, and marijuana.
- Schedule II: These drugs also carry a high potential for abuse and have some accepted medical uses. These drugs include oxycodone, methamphetamine, cocaine, and fentanyl.
- Schedule III: While these drugs do have accepted medical use, they also carry a moderate level of abuse potential. These drugs can include anabolic steroids, ketamine, and Tylenol with codeine.
- Schedule IV: With low abuse potential and a wide range of accepted medical uses, these drugs include Valium, Ambien, Xanax, and Tramadol.
- Schedule V: These drugs carry the lowest potential for abuse and are widely accepted for use in the medical world. These drugs include Lyrica and codeine cough medications.
In Indiana, in order for an action to qualify as drug possession, the prosecution must be able to prove that you were in knowing or intentional possession of a controlled substance classified under one of the listed schedules. Possession can include actual possession, meaning the drugs were allegedly found on your person, or constructive possession, where the drugs were allegedly found in a residence or vehicle.
Penalties and Enhancements Related to Indiana Drug Possession Charges
Depending on the amount of drugs allegedly found in your possession and the schedule that the drug falls under, the penalties you could face can vary. In most cases, the more drugs involved and the higher the schedule, the harsher the legal punishments.
In most cases, convicted individuals face some combination of lengthy jail or prison time and thousands of dollars in fines. They might also find it difficult to obtain housing or employment, as felons reintegrating into society face a 30% unemployment rate.
In addition to the amount and nature of the drug, there are other circumstances that, when present, can enhance the charge and penalties an individual might face. These enhancing circumstances include:
- Having a prior drug conviction, except in cases involving hash oil, hashish, salvia, or marijuana
- Possessing a firearm during the act of drug possession
- Committing the possession within a certain number of feet from a school property or a public park where a minor may have been present
Your lawyers from The Criminal Defense Team are here to review your case for any enhancing circumstances and develop a defense strategy that takes them into account. When you work with us, you can trust us to look at your case from every angle possible to create a defense strategy that works.
FAQs
How to Defend Against a Drug Possession Charge in Indiana?
In Indiana, there are a number of legal strategies that may prove useful in your defense when facing a drug possession charge. These defenses might include proving you were actually the victim of entrapment by law enforcement or suffered an unlawful search and seizure. Depending on the circumstances, we may also be able to prove that the drugs in question were not actually under your possession or control.
Can I Avoid Jail Time in Cases of Drug Possession?
In Indiana, there may be alternative penalties to jail time for drug possession charges. These alternatives can include drug courts, or a court that focuses more on treatment than it does punishment, probation, treatment programs, and conditional discharge. These are more often seen in cases where the individual is a first-time offender.
What Should I Do If Arrested for Drug Possession?
If you are arrested for drug possession, it is crucial that you remain silent and ask to speak to a lawyer right away. You do not have to consent to any searches unless the police have a valid search warrant, and it is essential that you document everything you can remember regarding the search, questioning, and arrest.
Is Marijuana Legal in Indiana?
While some states, like nearby Michigan, have legalized both the medical and recreational use of marijuana, Indiana is not among them. If you are found to be in possession of any amount of marijuana, you could face criminal charges. Marijuana currently remains a Schedule I drug in the Hoosier State.
Hire a Drug Possession Lawyer Today
When you need to hire a drug possession lawyer in Tippecanoe County, The Criminal Defense Team is here for you. With a former prosecutor on our team, our Board-Certified* Criminal Trial Specialists know how to poke holes in the prosecution’s case and defend your rights and future. To learn more, contact us today and schedule a consultation with an Indiana-based law firm you can trust.