Have you been arrested for possession of drug paraphernalia in Indianapolis, IN? If so, you need to speak with a lawyer right away. Don’t assume that it’s no big deal just because it’s a misdemeanor. It still carries serious penalties and gives you a criminal record, which can affect your life in so many ways.
With more than 100 years of combined experience, you can be certain that when you work with us, you’re getting what you need. For help with a charge in Indianapolis, Indiana, reach out. Contact Suhre & Associates DUI and Criminal Defense Lawyers at (317) 759-2599 to set up a free, confidential meeting with an Indianapolis drug paraphernalia lawyer.
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Why Choose Suhre & Associates DUI and Criminal Defense Lawyers if You’re Arrested for Possession of Drug Paraphernalia?
A possession of drug paraphernalia charge in Indianapolis, IN, may seem minor compared to larger drug cases, but don’t kid yourself – it can still carry serious consequences.
When you work with our firm, here’s what stands out:
- Our team has a former police officer and a former prosecutor, so we understand how both sides of a case are investigated and argued.
- We’ve been recognized as part of The National Trial Lawyers Top 100, which reflects our skill and experience.
- We provide 24/7 emergency availability and ensure you get immediate help when you need it most.
A paraphernalia charge in Indianapolis, Indiana, can disrupt so many aspects of your life. Our team is here to help you in every way possible. Contact Suhre & Associates DUI and Criminal Defense Lawyers to speak with an Indianapolis drug paraphernalia attorney.
Overview of Possession of Drug Paraphernalia in Indiana
Possession of drug paraphernalia is charged when a person knowingly or purposely has an item that is intended to be used with illegal drugs. Paraphernalia can include any object used to consume a controlled substance (like as a pipe or syringe) or tools meant to check the potency or purity of drugs. According to the statute, possession of rolling papers by themselves does not qualify as a criminal violation under state law.
What Are the Penalties for Possession of Drug Paraphernalia in Indianapolis, Indiana?
The seriousness of a drug paraphernalia charge in Indiana depends on whether it is your first offense or if you’ve been convicted before.
First-Time Violation – Class C Misdemeanor
If this is your first time being charged with the offense, it is a Class C misdemeanor. A conviction could bring a jail sentence of up to 60 days, and the court can also impose a fine of up to $500
Repeat Offense – Class A Misdemeanor
If you have a prior conviction for paraphernalia, you will be charged with a Class A misdemeanor. Possible penalties include jail time of up to one year and fines reaching $5,000.
What Defenses Can Be Raised if I’m Arrested for Possession of Drug Paraphernalia?
Being charged with possession of drug paraphernalia in Indiana does not automatically result in a conviction. Prosecutors still carry the burden of proof, and in many situations, a defense can be raised to challenge the allegations or reduce possible penalties. Common defenses include:
Lack of Knowledge or Intent
To be found guilty, the state must show that you knowingly or intentionally had paraphernalia meant for drug-related use. If you did not know the item was considered paraphernalia or it wasn’t intended for an illegal purpose, this shouldn’t lead to a conviction.
Item Isn’t Paraphernalia Under the Law
Not every object associated with substances qualifies as paraphernalia under Indiana law. For example, rolling papers alone are excluded from this statute. Arguing that the object seized does not actually meet the legal definition of paraphernalia can undermine the state’s case.
Illegal Search and Seizure
The Fourth Amendment protects everyone from unlawful searches. If police found the item during an improper traffic stop, home search, or other unlawful police action, your defense lawyer can ask the court to exclude the evidence. Without that evidence, the prosecution may not have a case.
The defense used depends on the facts of the case, but don’t assume that just because you’re charged you will be convicted.
We understand how difficult it is to face criminal charges, and we want to do everything we can to make the process as simple as possible for you. The sooner you reach out to a lawyer, the sooner we can start preparing your defense, giving you a chance to effectively fight the charges you’re facing.
Whenever you’re ready, give us a call. Contact Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free case evaluation with an Indianapolis drug paraphernalia lawyer.
