Zionsville Drug Possession Attorney
If you are in search of a Zionsville drug possession lawyer, you or someone you love has been charged with illegal possession of a controlled substance in Zionsville or the surrounding areas. In Indiana, drug possession charges range from minor misdemeanors to severe felonies. If you have been charged, you may face severe penalties. A Zionsville drug possession attorney at The Criminal Defense Team can help.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
At The Criminal Defense Team of Baldwin Perry & Wiley P.C., we are a criminal defense law firm located in Indiana. We represent individuals facing drug possession charges and other crimes in Zionsville and throughout Boone County, Hamilton County and our neighboring areas.
Many cases are filed in Boone County Circuit Court or the Boone County Courthouse located at 100 N. Main Street, Lebanon, IN 46052. There are only six Board-Certified* Criminal Trial Specialists in Indiana, and five of the six are with our law firm.
Our law firm dedicates at least two attorneys and one paralegal to each case we accept, drawing on our 100+ years of collective experience. We also employ a former prosecutor who litigated major felonies, giving us unique insights into how prosecutors build cases against clients. Our clients benefit from responsive case assistance and a 24/7 lawyer-on-call while we strategically prepare your defense.
Understanding Drug Possession Laws in Indiana
Indiana law makes it illegal to knowingly or intentionally possess any controlled substance without a prescription or legal authorization. Indiana law governing drug possession is Indiana Code § 35-48-4-7.
The law defines drug possession as the physical holding of a controlled substance, which includes Schedule I to V drugs without charges of distribution or sale. Indiana law makes an exception for the possession of a controlled substance if it was prescribed by a doctor, in the original container, and with proper documentation.
Drug Schedules
Indiana’s controlled substances schedule depends on potential for addiction and medical utility. Drugs that carry the heaviest penalties upon conviction are classified as Schedule I controlled substances. Examples of Schedule I substances include heroin, marijuana, and LSD. Drugs with medical uses but high potential for abuse and addiction are also feloniously punishable. Lesser schedules contain substances with accepted medical use and lower potential for abuse.
Drug possession can apply to dozens of types of drugs, from marijuana to prescription pill analogues to trafficked narcotics such as cocaine or methamphetamine. Indiana legislation bans holding any equipment meant for injecting drugs into the human body or devices intended to hide or carry controlled substances.
Penalties for Drug Possession in Indiana
Drug possession penalties can range from warnings for trace amounts of marijuana to 60 years in prison for trafficked meth found near a school. Possession penalties depend on several factors, including the type of drug or narcotic found, the amount discovered, previous criminal history, and special enhancing circumstances.
Many states classify drug possession offenses as misdemeanors regardless of the drug type or amount. Indiana’s drug possession statute can result in misdemeanor or felony penalties.
- Misdemeanors. Possessing drugs or narcotics of a certain type, or possessing small amounts of cocaine, methamphetamine, heroin, etc., can result in misdemeanor charges. Punishments for Class B and Class A misdemeanor drug possession include jail sentences and fines.
- Felonies. Possession charges may escalate to a felony level if the substance in question is inherently more dangerous or present in larger quantities. Possession also becomes a felony if an enhancing factor applies. Enhancing circumstances include prior drug convictions and possession near schools or parks.
Further Penalties
Generally, crimes involving drugs in Schedules I and II will yield stiffer penalties than those involving drugs in lower schedules. These schedules are based on the potential for abuse and accepted medical use.
For instance, drugs such as methamphetamines and cocaine have a high likelihood of abuse with no accepted medical usage, so these are penalized more harshly. Drugs such as marijuana have some accepted medical use and a lower potential for abuse than others, so crimes in this category will likely yield lower penalties.
Of the estimated 870,874 arrests for drug law offenses that occurred in the United States in 2023, 12.3%, or 107,118, were for the sale or manufacturing of drugs, and 87.7%, or 763,756, were for possession of a controlled substance.
How Prosecutors Build These Cases
In Indiana drug possession cases, prosecutors usually need to demonstrate that you possessed drugs with knowledge or intent unless the drugs are visible during a traffic stop or search. If drugs are found on your person, in your car, or at home, that is direct possession.
Having access to and control over the location where drugs are found allows for constructive possession of those drugs. Constructive possession may be charged if drugs are found in a bedroom you share with others, in a vehicle you share with others, or in a backpack you own, even if someone else used or had access to it.
Police typically learn of alleged drug possession through traffic stops and searches or from tips by informants. Depending on the circumstances, police may violate your rights in building a case. It’s important to know how this may impact your case.
Why Hire a Drug Possession Lawyer
Just as you wouldn’t hire any doctor for your medical issues, you wouldn’t hire any lawyer for your legal issues; you would hire a specialist. Deciding to hire a drug possession lawyer is the first step toward controlling the investigation of your case and limiting the evidence the state can use against you. Many drug possession defenses are based on whether or not the police had the authority to stop, search, or seize evidence from you.
If we can show that a search was illegal, we can file a motion to suppress the evidence found during the search. Our team can challenge constructive possession enhancements and advocate for lesser charges or diversion when justified.
Call Us Today
Cases involving drug possession are assigned to a team of attorneys here at The Criminal Defense Team. Each case is assigned at least 2 attorneys and 1 paralegal. This means your case is worked on rather than rushed through. Our staff also has access to a former prosecutor who has handled large felony cases.
This allows us to see how the state may approach your case and where they may stumble. Currently, there are only six Board-Certified* Criminal Trial Specialists in Indiana. Five of those lawyers work at this firm. That means a defense team with 100+ years of experience work on your felony case. Contact us today to get started on your case.
*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.