Serious Advocacy In Tough Cases

Indianapolis Drug Crimes Lawyer

Last updated on January 24, 2025

The Indianapolis drug crime attorneys at Harwell Gray Legal Counsel LLC 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 Gray Legal Counsel LLC 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.

Are you facing drug charges in Indiana? Call Harwell Gray Legal Counsel LLC today at 317-344-9085 or contact us online to schedule a meeting with our drug crime lawyer in Indianapolis.

Types Of Drug Crime Charges

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: Cannabis remains illegal for all uses in Indiana and can result in jail time for simple possession charges. This differs from many surrounding states like Michigan, Ohio and Illinois
Schedule I drug charges: These drugs have been labeled as having a high likelihood of abuse and no medicinal purpose. In Indiana, Schedule I drug charges can include possession, trafficking, or distribution.
Schedule II drug crimes: The most common Schedule II drug in Indiana is a fentanyl. These drugs may have some medical uses but are often used recreationally.
Methamphetamine charges: Another Schedule II drug which is considered dangerous in the eyes of the law. Charges related to meth in Indiana can be serious.
Prescription drug crimes: Prescription drugs may have a medical purpose, but they are still considered controlled substances in Indiana and sharing or selling them is illegal if you are not qualified to do so.
Drug-related DUI charges: Drugged driving, which falls under the state’s OWI statute, can lead to loss of driving privileges. Proving intoxication can be challenging compared to alcohol so consulting with an attorney immediately is essential.
Possession or possession with the intent to sell: If illegal drugs are found in your possession it is a crime in Indiana. A charge of intent to sell requires the prosecution to prove your intentions for the drugs allegedly in your possession. This can be proven based on the amount of the substance in your possession, whether you also had drug paraphernalia like scales and packaging materials and any statements you allegedly made.
Selling to minors or near a school: The location where drugs are sold enhances the punishments possible for a drug trafficking conviction or guilty plea.
Drug manufacturing and cultivation: These are some of the most serious felony drug charges in Indiana. Punishments are dependent on the type and amount of drug, but if you are charged with cultivating, growing or running a business that handles drugs you should contact a lawyer immediately.
Drug trafficking or distribution: Charges related to trafficking and distribution of drugs can occur if you are suspected of selling, transporting, or importing drugs that are illegal in Indiana.

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.

Is Possession Of A Controlled Substance A Felony In Indiana?

Possession of a controlled substance in Indiana can be a Level 6 felony or a Class A misdemeanor. Indiana defines a 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: Drugs that have a 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 a 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: Drug 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 Parepectolin.

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.

Drug Charges Defenses

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 not 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 to drug charges you may have available. Our team is based in Indianapolis but can represent clients throughout Hendricks, Hamilton, Johnson or Hancock counties.

Felony Drug Charge Defense

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 of 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.

Focused On Defense Of Drug Conspiracy Charges

Getting charged with a drug conspiracy charge can be confusing, especially if your involvement in the alleged scheme was minimal or nonexistent. Here is some general information about how conspiracy charges work in Indiana:

What is a conspiracy charge?

A person faces a conspiracy charge when they’re accused of entering into an agreement with two or more people to commit a crime such as dealing drugs. In the context of drug crimes, this can include substances like methamphetamine and cocaine. Conspiracy charges are serious in Indiana. In many cases, those found guilty may be subject to costly fines and potential prison time.

How does law enforcement prove conspiracy?

There are multiple ways police and prosecutors fight to prove conspiracy charges. Some of those include:

Surveillance: Monitoring suspects through wiretapping, video or physical surveillance.
Informants: Using confidential sources to gather information and evidence.
Examining communication records: These can include texts, phone calls, emails, direct messages on social media and more.
Financial transactions: Tracing financial transactions and money wire transfers related to potential drug deals.

While these tactics can make you feel like you don’t have a fighting chance, there are still ways to build a strong defense against the evidence gathered from these tactics.

What are some defenses against conspiracy charges?

Some common ones include:

Lack of agreement: When an attorney demonstrates that an agreement between two parties to commit a crime is nonexistent
Insufficient evidence: When a defense lawyer challenges the credibility and reliability of the evidence presented by prosecutors
Entrapment: When counsel argues that law enforcement induced the defendant to commit a crime they otherwise wouldn’t have committed
Withdrawal: When an attorney proves that the defendant withdrew from the conspiracy before committing a criminal act

We can help you determine an appropriate defense strategy for your case. Call us at 317-344-9085 to start today.

What are the potential penalties for conspiracy charges?

Conspiracy to deal drugs in the Hoosier State is a felony offense. And like many other felony offenses, the penalties that come with them can be harsh. Depending on the specific circumstances of your case, you may face:

Prison time: A felony drug conviction could leave you behind bars for up to 12 years.
Fines: A felony drug conviction could leave you with up to $10,000 in penalties in Indiana.

Depending on the circumstances, you may be able to get on probation, but that can come with its own set of strict rules and guidelines.

Related Legal Resources

When you or a loved one is 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 Crimes Lawyer Today

At Harwell Gray Legal Counsel LLC, 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. If you are a juvenile, it may also affect your ability to attend college. Our Indianapolis drug crime lawyer can help you protect your rights and future.

Contact Harwell Gray Legal Counsel LLC online or call 317-344-9085 today to schedule a consultation with our drug crime attorneys in Indianapolis.