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What is Considered a Controlled Substance?
Indiana has a list of drugs and substances that it categorizes into two different schedules based on the substance’s addictive potential and medicinal properties. These are known as controlled substances. The categories are broken into what is known as schedules.
Schedule I includes heroin, marijuana, magic mushrooms, LSD, ecstasy, and peyote. Schedule I drugs are considered the most dangerous and are the most harshly prosecuted across the state. Schedule II drugs include morphine, Adderall, Vyvanse, Ritalin, fentanyl, cocaine, Vicodin, Oxycontin, and crystal meth. Schedule III controlled substances include ketamine, testosterone, anabolic steroids, and Tylenol with codeine. Schedule IV drugs include Xanax, Ambien, Ativan, and Valium. Schedule V drugs include prescription cough syrups like Robitussin AC.
Although many states have legalized marijuana, Indiana has not. However, Indiana’s marijuana possession laws are considered less severe than other controlled substances within Schedule I. Under Indiana law, an individual who is caught with possession of marijuana, hashish, salvia, or hash oil may be charged with a Class B misdemeanor.
What Are the Two Types of Drug Possession in Indiana?
There are two types of drug possession that individuals can be charged with within Indiana.
Actual possession involves law enforcement finding drugs on your person, including in your pockets or clothing. Indiana courts hold that actual possession occurs when a defendant has direct physical control over a controlled substance. When charged with actual drug possession, the wisest criminal defense strategy is rarely to address the possession charge itself. Other legal defense strategies for actual possession charges include questioning, search and seizure, police misconduct, and more.
Constructive possession charges are more complicated. Constructive drug possession usually becomes a legal matter when police find illicit drugs within your home or vehicle. Indiana law holds that constructive possession occurs when a person has the intent or capability to maintain dominion or control over the controlled substance. Suppose illegal drugs were found in a common area or in an area that suggests not all passengers or occupants were aware of the presence of the drugs. In that case, the police must utilize various factors to determine possession. Some of these factors may include whether the drugs were in plain view, whether any personal items were located with the drugs, incriminating movements or attempts to flee, incriminating statements, and how close the drugs were to everybody in the domicile or motor vehicle.
What Are the Potential Legal Consequences of Drug Offenses in IN?
There are several potential consequences for drug possession convictions in Indiana, both legally and otherwise. If the prosecution can prove its case against you, you may be convicted and face serious punishments under state law.
Possession of any amount of marijuana is considered a Class B misdemeanor; it comes with fines of up to $1,000 and jail time of up to six months. However, if you have large amounts of marijuana in your possession or a prior drug conviction, you may face different penalties. For example, if you have 30 grams or more of marijuana and a previous drug conviction, the new drug charge would be a Level 6 felony, associated with fines of up to $10,000 and a prison sentence between six months and two and a half years.
Similarly, other potential legal consequences of drug convictions will depend upon the type of drug, how much of the drug was possessed, belief of an intent to distribute the drug, and the existence of any prior conviction.
Should You Talk to Police Officers After You Are Arrested?
Normally, Indiana law enforcement must obtain a warrant before searching someone’s premises for illicit substances. However, if they smell marijuana or see other drug paraphernalia, they have the right to search the car, home, or belongings without a warrant.
In general, we must encourage attendants not to speak with the police if they are being charged with a drug crime. At least, you should not say anything to the police until you have consulted with professional legal counsel. If you tell the police interrogating you that you want to speak to a criminal lawyer, they are legally required to stop asking you questions until your lawyer is in the room with you.
Do You Need the Legal Representation of Experienced Drug Crime Lawyers?
When you are arrested, police officers are required to read your Miranda rights. You have the right to remain silent; anything you say could be used against you in a court of law, and you have the right to an attorney.
Even if you believe yourself to be innocent or the charges to be relatively minor, it is still essential that you retain professional legal representation from experienced drug crime lawyers. Your lawyer can advise you about what questions are appropriate to answer and do everything to represent your legal rights in pursuit of the most optimal outcome for your case.
Contact our Indianapolis law office to schedule a free case review with our legal team today.
What Are Potential Legal Defense Strategies Your Criminal Attorneys May Employ?
Potential legal defense strategies to drug possession charges include the following:
- Warrantless stop: any evidence obtained by the police unlawfully must be dismissed in a court of law. Your attorneys will attempt to make an argument showing that the police stopped you unlawfully and that any evidence acquired in the traffic stop cannot be used in your criminal trial
- Search warrant lacks probable cause: if the police can demonstrate probable cause that they have the evidence of a crime in the place they want to search, they may obtain a search warrant from a judge. A judge may rule that the warrant lacked probable cause if the police are unable to provide sufficient evidence
- Trial defense strategies: if you lose your pretrial motions to suppress evidence, your attorneys will represent your drug case before a jury. The prosecutors must prove beyond a reasonable doubt that you possessed the drugs in question and then go on to prove whether that possession was actual or constructive. Whether arguing the statutory defense of entrapment, pointing out issues in the chain of custody of evidence, or considering other legal defense means, your lawyers will be in your corner throughout the courtroom trial to clear your name or reduce the charges against you
Do You Have to Accept a Plea Agreement?
The prosecuting attorneys often offer plea deals to people facing drug charges in Indiana. They do this partly because jails and prisons are overcrowded but also because some drug-related offenses may pose minimal threat to the public at large, meaning that a plea agreement may be considered beneficial to the public.
Just because the prosecutors offer you a deal does not mean you are obligated to accept the deal. If you are innocent of the charges against you, a plea agreement will only punish you unjustly.
Criminal defense attorneys can help you negotiate better terms for your plea agreement or defend your name in a criminal trial. Please get in touch with our law firm to schedule your free case evaluation with our legal team today.
What are Pretrial Diversion Programs?
Pretrial diversion programs are alternatives to traditional criminal penalties available to certain individuals facing drug charges. They aim to help the defendant avoid jail time and other potential criminal penalties.
Pretrial diversion program rules typically include the following:
- Reporting to a probation officer
- GPS monitoring
- Court-ordered counseling
- Abiding by a curfew
- Submitting to drug or alcohol testing
- Additional criteria may also apply
Not everyone qualifies for a pretrial diversion program in Indiana. Contact our law firm to learn more about pretrial diversion programs and whether or not you are eligible.
Schedule a Free Consultation with Indiana Drug Crime Attorneys Today
Regardless of the type of drug possession charge you face, we must strongly recommend that you retain professional legal counsel from an experienced attorney familiar with drug cases. Contact our Indianapolis law firm to discuss your case in a free consultation today.
Our Indiana law firm has extensive experience representing the interests of criminal defendants left at the mercy of the state criminal justice system. It’s important to remember that you are not in this alone and that you can seek legal guidance from our attorneys to assist you throughout the legal proceedings.
Please call our Indianapolis law firm at 765-563-4644 to schedule your free, no-obligation case evaluation today.
