Protect Yourself Against Serious Drug Possession and Dealing Charges
Experienced Indianapolis Drug Lawyers Can Help Answer Your Questions!
If you are facing drug charges, our Indianapolis drug criminal defense attorney can help you protect your legal rights.
Possession or dealing charges are usually filed as a result of one of three circumstances:
- You were in a car stopped for a minor traffic violation.
- You were in a house that had drugs in it when the police arrived.
- You were set up by a confidential informant.
No matter which one of those three circumstances applies in your case, the result was still the same: you were likely taken away in handcuffs. Our lawyers at Razumich & Associates can help protect your rights.
Here’s a quick rundown of important points you need to know when facing drug charges:
- Drug charges often result from various circumstances, including traffic stops, house searches with drugs present, or confidential informants.
- Understanding Indiana drug laws is crucial, as the state’s drug laws can be harsh, but being charged with a crime is different from being convicted.
- Common drug-related offenses in Indianapolis include possession of controlled substances, drug paraphernalia, drug trafficking and distribution, prescription drug fraud, drug manufacturing, drug-related DUI, and possession with intent to distribute.
- Indiana categorizes controlled substances into five schedules based on their potential for abuse and accepted medical use.
- Penalties for drug crimes in Indianapolis vary based on factors like the type and quantity of drugs involved, prior criminal history, and specific circumstances of the case.
- Possible defenses against drug charges include illegal search and seizure, lack of probable cause, chain of custody issues, mistaken identity, medical marijuana defense, entrapment, substance misidentification, constructive possession, diversion programs, and constitutional violation
Drug Crimes in Indianapolis
Drug crimes in Indianapolis, like in many other cities in the United States, involve a range of illegal activities related to controlled substances such as narcotics, prescription drugs, and illicit drugs. These crimes can have serious legal consequences, including fines, probation, mandatory drug treatment programs, and imprisonment.
Some common drug-related offenses in Indianapolis include:
- Possession of Controlled Substances: This involves the unlawful possession of illegal drugs or controlled substances, such as cocaine, heroin, methamphetamine, or marijuana in amounts exceeding what is legally allowed.
- Possession of Drug Paraphernalia: Possession of items used for manufacturing, packaging, or using drugs, such as pipes, syringes, or scales, can result in charges if they are associated with drug-related activities.
- Drug Trafficking and Distribution: Selling, manufacturing, transporting, or distributing drugs is considered a serious offense, and those involved can face severe penalties, including lengthy prison sentences.
- Prescription Drug Fraud: Obtaining or distributing prescription medications illegally, such as forging prescriptions, doctor shopping, or selling prescription medications without a valid prescription, is illegal.
- Drug Manufacturing: The cultivation or production of illegal drugs, such as methamphetamine or cannabis, can result in manufacturing charges.
- Drug-Related DUI: Operating a vehicle under the influence of drugs, including prescription medications, can lead to DUI charges.
- Possession with Intent to Distribute: If law enforcement believes that an individual possessed drugs with the intent to sell or distribute them, they may face more severe charges than simple possession.
If you or someone you know is facing drug-related charges in Indianapolis, it is crucial to consult with an experienced Indiana criminal law defense attorney who can provide guidance and representation throughout the legal process.
What are the Punishments for Drug Crimes in Indianapolis?
The punishments for drug crimes in Indianapolis, Indiana, vary depending on several factors, including the type and quantity of drugs involved, prior criminal history, and the specific circumstances of the case. The penalties for drug offenses can be severe and may include the following:
Possession of Controlled Substances
- First Offense: A Class A misdemeanor, which can result in up to one year in jail and fines
- Subsequent Offenses: Can be charged as a Level 6 felony, which can result in a sentence of 6 months to 2.5 years in prison and fines
Possession of Marijuana
- Under 30 grams (first offense): A Class B misdemeanor, which can result in up to 180 days in jail and fines
- Over 30 grams (first offense): A Class A misdemeanor
- Subsequent offenses: May be charged as a Level 6 felony
Drug Trafficking and Distribution
- Penalties vary depending on the type and quantity of drugs involved but can range from Level 6 felony charges to higher-level felonies. Sentences can include several years to decades in prison and substantial fines.
Prescription Drug Fraud
- Obtaining or distributing prescription medications illegally can lead to felony charges, depending on the circumstances. Penalties may include prison time and fines.
- Manufacturing illegal drugs can result in felony charges with penalties ranging from several years to decades in prison.
Possession with Intent to Distribute
- Penalties depend on the type and quantity of drugs involved but can result in felony charges with significant prison time and fines.
- In some cases, individuals with drug addiction issues may be eligible for drug court programs, which offer alternatives to traditional sentencing, such as rehabilitation and treatment.
Mandatory Minimum Sentences
- Indiana has mandatory minimum sentences for certain drug offenses, which can result in longer prison terms without the possibility of parole or early release.
Potential Defenses Against Indianapolis Drug Charges
If you’re facing drug charges in Indianapolis, it’s essential to consult with our experienced criminal law defense attorney who can assess your case and develop a defense strategy tailored to your specific circumstances. While defense strategies can vary based on the unique details of each case, here are some potential defenses that may be used against drug charges in Indianapolis:
Illegal Search and Seizure
The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by law enforcement. If evidence was obtained through an illegal search or seizure, it may be possible to have that evidence suppressed in court, potentially leading to a dismissal of the charges.
Lack of Probable Cause
Law enforcement officers must have a reasonable belief or probable cause to stop and search individuals or vehicles. If there was no valid reason for the stop or search, the evidence collected may be challenged in court.
Chain of Custody Issues
If the prosecution cannot establish a clear chain of custody for the alleged drugs from the time they were seized until they were presented as evidence in court, it may raise doubts about the integrity of the evidence.
In some cases, individuals may be wrongly accused of drug crimes due to mistaken identity. Providing evidence that you were not at the scene or were not involved in the alleged criminal activity can be a valid defense.
Medical Marijuana Defense
If you are a registered medical marijuana patient and were in possession of marijuana for medical purposes and in compliance with state law, you may have a valid defense. However, it’s crucial to have the proper documentation and meet all legal requirements.
If law enforcement officers induced or coerced you into committing a drug crime that you would not have otherwise committed, entrapment may be a potential defense.
The prosecution must prove that the substance in question is indeed an illegal drug. Challenging the accuracy of drug testing methods or the reliability of laboratory results can be a defense strategy.
If drugs were found in a location you had access to but did not exercise control or ownership over, you may have a defense against possession charges.
In some cases, individuals with drug addiction issues may be eligible for diversion programs or treatment options in lieu of traditional sentencing.
Violations of your constitutional rights during the arrest, questioning, or detention process can be used as a defense.
The effectiveness of these defenses will depend on the specific circumstances and evidence involved.
The Razumich & Associates Difference
If you are facing drug-related criminal charges in Indianapolis, there are several compelling reasons to hire our drug criminal defense attorney at Razumich & Associates, PLLC.
Our legal team reviews every one of our drug cases to make sure that the police have a legal right to stop and search you. If they did not have the legal right to stop you, it may be possible to keep anything that they found from being used against you at trial. We make sure that anything we can do for your defense will be done including but not limited to:
- Ensuring that your constitutional rights are protected throughout the legal process.
- Analyzing the specific facts of your case and tailor a defense strategy to your unique situation.
- Identify weaknesses in the prosecution’s case and work to build a strong defense on your behalf.
- Providing access to resources such as investigators, expert witnesses, and legal research tools which is crucial in building a strong defense.
- Exploring alternatives to traditional sentencing, such as drug court programs or rehabilitation.
- Negotiating with the prosecution to secure a plea bargain that reduces charges or penalties.
- If your case goes to trial, we will present evidence, cross-examine witnesses, and argue on your behalf to help you achieve the best possible outcome
Ultimately, our drug criminal defense attorney in Indianapolis can be your advocate and provide the legal representation and guidance needed to protect your rights, build a strong defense, and work toward the best possible outcome for your case. Contact us today to discuss your legal options.
Call Our Indianapolis Drug Criminal Defense Attorney Today!
Possession and dealing charges carry serious consequences. A guilty conviction can devastate your family, work, or personal life. The prosecution has years of legal experience on their side. You deserve an experienced attorney who knows how to fight for you.
You have rights, and you deserve a fair legal defense. If you or someone you know has drug charges, contact Razumich & Associates today!