Are you facing criminal charges for drug possession in Indianapolis, IN? Despite the fact that Indiana has relaxed some of its drug laws in recent years, a conviction for possession of certain controlled substances can change your life forever. Your future is on the line, so it is critical to enlist the help of a qualified Indianapolis drug possession lawyer as soon as you can. That’s why Suhre & Associates should be your first call after you’re arrested for possession in Indianapolis.
Give our law office a call today to arrange a time to sit down with our experienced legal team. We offer a free consultation so that you can have the opportunity to understand the charges, discuss your options, and get your questions answered. There’s no time to waste, so give us a call today.
- 1 Why Do I Need a Criminal Defense Attorney If I’m Charged With Drug Possession in Indianapolis?
- 2 What Does it Mean to Possess Drugs in Indianapolis?
- 3 Penalties For Drug Possession in Indianapolis
- 4 Defending Drug Possession Charges in Indianapolis
- 5 Schedule a Free Consultation With Our Indianapolis Drug Possession Attorneys Today
Why Do I Need a Criminal Defense Attorney If I’m Charged With Drug Possession in Indianapolis?
Criminal charges can be incredibly scary. Fortunately, you don’t have to defend yourself on your own. In fact, you shouldn’t. By hiring a criminal defense lawyer in Indianapolis, you’ll increase the likelihood of securing the best possible result in your drug possession case. Here’s why.
Your Rights Might Have Been Violated
The police have to follow certain protocols and rules when doing their job. They can’t just arrest you for looking suspicious or search you because they have a hunch. You have certain rights, and they can’t be infringed without cause. However, a lot of police officers cross the line. They engage in conduct that, at best, is questionable. They simply hope that no one will ever question it.
Suhre & Associates will absolutely question all aspects of how the police handled your case. We’ll determine if there was cause to stop you. We’ll scrutinize how they conducted a search and if it was done in violation of your Fourth Amendment rights. We’ll identify potential issues with your arrest and any subsequent interrogations once you were detained.
If we learn that your rights have been violated, we can challenge your arrest itself and/or the evidence being offered against you. If the arrest is unlawful, the charges against you can’t stand. If evidence was seized illegally, prosecutors can’t benefit from it. In that situation, they might have to rethink the case against you, all together.
There Might Not Be Proof of Possession
The state has to prove that you were in possession of a controlled substance in violation of the law. That could mean that the drugs were on your person (actual possession) or in or on property that you have control over (constructive possession). However, proving possession can be challenging. Don’t take the prosecutor’s word for it. Our lawyers will make them prove it.
We’ll make them prove that you knew the drugs were there. We’ll make them prove that the drugs were located in property that no one else had access to or control over. We’ll make them prove – beyond a reasonable doubt – that you had drugs in your possession. It’s quite likely that they won’t actually be able to do this, especially as we challenge them every step of the way.
The state of Indiana will undoubtedly invest whatever time and resources are necessary to build a strong case against you and get a conviction. Suhre & Associates will do the same in your defense. We’ll investigate thoroughly, consult with experts, and work to undermine the state’s case against you throughout the process. Our aggressive approach and dynamic strategies help us secure positive results for our clients time and time again. Let us fight to do the same for you.
What Does it Mean to Possess Drugs in Indianapolis?
Indiana has several laws that prohibit the possession of drugs. However, they all essentially say the same thing. Pursuant to §35-48-4-7, it’s illegal to “knowingly or intentionally” possess a drug “without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice.”
So, when you’re facing drug charges in Indianapolis, state prosecutors will have to be able to prove that:
- You had actual or constructive control of a drug, in violation of a specific Indiana state law
- You did not have a valid prescription and you were not acting in your capacity as a medical professional, and
- You knew about the drugs, and
- You intentionally had them in your possession.
In other words, the state has to be able to prove that you were aware you had a controlled substance on you in on your control and didn’t have a legal justification. This applies to both prescription drugs and non-prescription drugs.
Penalties For Drug Possession in Indianapolis
Generally speaking, it is illegal to possess a controlled substance in the state of Indiana. The state adheres to the federal government’s definition of what a controlled substance is and its classification system. Controlled substances fall into one of five categories – with the most dangerous and addictive drugs falling into Schedule I and the least dangerous and addictive falling into Schedule V.
Penalties for possession in Indiana ultimately depend on:
- The type of drug you’re accused of having
- How much you allegedly had
- Why you had it in your possession (e.g., personal use or distribution),
- What schedule the drug belongs in, and
- Whether you have prior convictions for other drug offenses.
The great the amount of a drug in your possession, the harsher the consequences if you’re convicted. In fact, possessing a large quantity of a drug can lead to charges for sale or cultivation, regardless of whether or not you planned to sell or distribute the drug.
Possession of less than 30 grams of marijuana is a Class B Misdemeanor, punishable by up to 180 days in jail. For a second offense involving less than 30 grams, the crime becomes a Class A Misdemeanor and carries up to one year in an Indianapolis jail. Possessing 30 grams or more of marijuana is a Level 6 Felony. Depending on the specific circumstances of your case, you could be sentenced to between 6 months and 2.5 years behind bars if convicted.
Possession less than 3 grams of cocaine in Indianapolis is a Class D Felony. A conviction can land you in prison for anywhere between 6 months and 3 years. For possession of more than 3 grams of cocaine, the offense is a Class C Felony. If convicted, the sentence carries between 2 and 8 years in an Indiana state prison.
Possession less than 3 grams of methamphetamine is a Class D Felony, which carries a term of imprisonment between 6 months and 3 years. Possession of more than 3 grams of methamphetamine is a Class C Felony. You can face between 2 and 8 years in prison if convicted.
Simple possession for other controlled substances is typically a Class A Misdemeanor.
Defending Drug Possession Charges in Indianapolis
State prosecutors have to prove that you knowingly and intentionally had a controlled substance in your possession without legal justification. That can be tough to do. Our Indianapolis criminal defense lawyers will do everything we can to make it as difficult as we possibly can. How? By defending you aggressively throughout the entire criminal justice process. We’ll raise any defense that could potentially help you, such as:
- You didn’t know about the drugs
- The drugs were stashed or planted by someone else
- You were under duress – meaning that you were forced to possess the drugs by someone else
- The substance in your possession was not actually a drug or controlled substance
- You had a legitimate reason for possessing the controlled substance
- You’ve been falsely accused, or
- Your rights have been violated in some way.
We won’t just search for defenses to prove your innocence. We’ll also attack and undermine the state’s case against you in any way that we can. We’ll challenge evidence. We’ll work to discredit witnesses or make their statements unbelievable. We’ll pose alternative explanations for what you’re accused of. These defense strategies work. We regularly secure the best possible outcomes for clients facing drug possession charges in Indianapolis.
Schedule a Free Consultation With Our Indianapolis Drug Possession Attorneys Today
Do not hesitate to contact Suhre & Associates if you have been arrested for drug possession in Indianapolis, IN. Our accomplished criminal defense team will stand by your side and help you fight to keep a drug conviction off your criminal record. There is no charge for your initial case assessment, so give us a call to schedule yours today.