Indianapolis Drug Crime Attorney Defending Clients Facing Drug Charges In Marion County
The Indianapolis drug crime attorneys at Harwell Legal Counsel understand the impact a drug crime charge can have on a person’s life. Arrests, detentions and convictions have the potential to ruin relationships, interfere with work, and put people’s lives on hold. You need an experienced Indianapolis drug charge attorney if you are facing a criminal case in which you have been charged with a drug crime in Indiana.
For more than 10 years, Harwell Legal Counsel has delivered top-quality criminal defense services to clients facing a variety of charges. We know how drug crime cases are prosecuted in Indiana, and we can put our knowledge and experience to work for you. Our Indianapolis drug crime attorney works hard to provide clients with compassionate yet strong legal representation that helps them feel supported in court. We treat every case with the seriousness it deserves, and we help people throughout Hendricks, Hamilton, Johnson and Hancock counties.
Types Of Drug Crimes
Criminal cases involving controlled substances can lead to drug crime charges. These cases tend to be complicated, and you may face multiple charges, including misdemeanors and felonies. The circumstances of your case will determine how a prosecutor pursues your case and what charges you will be facing.
Common drug crime charges may involve:
- Marijuana charges
- Schedule I drug charges
- Methamphetamine charges
- Prescription drug crimes
- Drug-related DUI charges
- Possession or possession with the intent to sell
- Selling to minors or near a school
- Drug manufacturing and cultivation
- Drug trafficking or distribution
The type of drugs associated with your case can have an impact on how your case is prosecuted as well. Drugs are categorized by the federal government into five schedules, with Schedule I drugs being those identified as highly addictive or highly dangerous. Schedule I drugs include heroin, LSD, ecstasy and marijuana.
What Are Felony Drug Charges In Indiana?
Your life can be changed by a felony drug charge. A conviction can result in prison time and a permanent criminal record, as well as the loss of your right to vote and own firearms. The type and quantity of drugs you possess can affect the charges you receive. It is a Level 6 Felony to possess less than three grams of cocaine or methamphetamines, but a Level 3 Felony to possess more than three grams of the same substances within 1,000 feet of a school. In Indiana, you can receive a fine up to $10,000 for each drug crime class as well as up to 40 years in prison.
Pursuant to Indiana law, drug possession and trafficking are two separate crimes. To arrest you for drug trafficking, the police must have probable cause to believe that the drugs in your possession were intended for sale, delivery or manufacture. In drug trafficking and drug dealing, the charges and penalties differ from those for drug possession, but they are just as serious.
Is Possession Of A Controlled Substance A Felony In Indiana?
A possession of a controlled substance in Indiana can be a Level 6 Felony or a Class A misdemeanor. Indiana defines controlled substance as a drug or substance or its immediate precursor listed in one of five categories or schedules of drugs. Drugs are categorized in Schedules 1 – 5, and are categorized in the following:
- Schedule I: Are drugs that have high potential for abuse and no effective treatment in the U.S. and include drugs such as heroin, LSD, ecstasy, marijuana and peyote.
- Schedule II: Drugs that have high potential for abuse but also have medical treatment uses and include drugs such as: hydrocodone, cocaine, methamphetamine, fentanyl, oxycodone, Ritalin and Adderall.
- Schedule III: Drugs that can lead to moderate or low dependence and for which the U.S. has approved medical treatments that can be effective; includes drugs such as 90 milligrams or less of codeine per dose, anabolic steroids, testosterone or ketamine.
- Schedule IV: Drugs where usage can lead to limited physical or psychological dependence compared to the drugs listed above; includes drugs such as Valium, Darvon, Xanax, Darvocet, Ativan, Tramadol and Ambien.
- Schedule V: Drugs usage can lead to limited physical or psychological dependence compared to the drugs listed above; includes drugs such as lower doses of codeine (like those in Robitussin AC), Lyrica, Motofen, Lomotil and Parapectolin.
Drug-related offenses are among the most common criminal charges in the United States. These offenses can range from simple possession of a small amount of marijuana to trafficking large quantities of dangerous drugs. The specific penalties for drug offenses vary depending on the type of drug involved, the amount of the drug and the defendant’s prior criminal record.
Defenses For Drug Crime Charges
There are several defenses a skilled lawyer can raise in drug crime cases. Some of the most common defenses include:
- Illegal search and seizure: The Fourth Amendment to the U.S. Constitution protects people from unreasonable searches and seizures. If the police conducted an unlawful search or seizure, any evidence obtained during that search or seizure may be inadmissible in court.
- Lack of probable cause: The police must have probable cause to arrest someone or obtain a search warrant. Probable cause means that the police have a reasonable suspicion that a crime has been committed and that the person they are arresting or searching is connected to the crime. If the police do not have probable cause, any evidence obtained from the arrest or search may be inadmissible in court.
- Entrapment: Entrapment is a defense that can be raised if the police induced the defendant to commit a crime they would not have otherwise committed. To prove entrapment, the defendant must show that the police engaged in improper conduct and that the defendant was predisposed to commit the crime.
- Mistake of fact: The mistake of fact defense can be raised if the defendant made a reasonable mistake about a fact that, if true, would have made their actions legal. For example, if the defendant was arrested for possession of marijuana but believed that they had a legal hemp product, they may be able to raise a mistake of fact defense.
It is important to talk to a skilled attorney about the specific facts of your case to determine what options and defenses you may have available. Our team can represent you in Hendricks, Hamilton, Johnson or Hancock counties.
Related Legal Resources
When you or a loved one are facing drug charges, several resources can help you learn more about the situation, such as:
- Indiana Drug Laws: The Indiana Code of Laws contains all the laws related to drug possession, trafficking and other drug-related offenses.
- Drug Enforcement Administration (DEA): The DEA is a federal agency responsible for enforcing drug laws in the United States. The DEA website provides information about drug laws, drug trafficking and drug addiction.
- National Institute on Drug Abuse (NIDA): The NIDA is a federal agency responsible for researching drug abuse and addiction. The NIDA website provides information about drug addiction, drug treatment and prevention.
If you have been charged with a drug crime, it is crucial to contact an experienced criminal defense attorney as soon as possible. An attorney can review your case and help you to understand your legal rights and options.
Contact Our Drug Crime Lawyer Today
At Harwell Legal Counsel, we know how devastating a conviction can be. Having a drug crime conviction on your record can negatively impact your future. The penalties for a conviction include fines, jail time, community service, probation and mandatory rehabilitation programs. A conviction can also affect your ability to find stable employment and secure housing. A conviction may also affect your ability to attend college if you are a juvenile. Our Indianapolis drug crime lawyer can help you protect your rights and future.