Serious Advocacy In Tough Cases

Aggressive Defense for Indiana Drug Charges

Last updated on November 28, 2025

The Indianapolis drug crime attorneys at Harwell Criminal Defense 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 Criminal Defense 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 Criminal Defense 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

Indiana law categorizes drug offenses based on the type of substance, the quantity involved and the intent behind the possession.

Drug Possession

An Indiana drug possession charge can range from a low-level misdemeanor to a serious felony depending on quantity, location and any past convictions. You can also be charged with “constructive possession” even if the substance was not found on you directly. We analyze the state’s evidence, question how officers linked you to the substance and identify gaps the prosecutor must address.

Drug Trafficking, Dealing And Distribution

These charges arise when the state believes drugs were intended for sale, delivery or transport. Prosecutors often rely on quantity, packaging, scales, text messages or cash to build their case. We challenge assumptions about intent, question the reliability of informants and dispute the connection between you and the alleged distribution activity.

Drug Manufacturing And Cultivation

Manufacturing meth carries some of the state’s most severe penalties, while penalties for marijuana cultivation vary significantly based on the weight and circumstances. These cases often hinge on technical details: equipment seized, chemical testing or statements made during the raid. We review the investigation to determine if police misinterpreted evidence or violated your constitutional rights.

Prescription Drug Crimes

Charges involving prescription medications often result from misunderstandings, addiction or errors such as sharing pills or holding someone else’s medication. While unauthorized possession or distribution is a serious offense, these cases may allow for charge reductions or alternative resolutions. We examine the intent behind the conduct and the evidence of wrongdoing to support your defense.

Drug-Related OWI (DUI)

Indiana’s drug-related OWI cases depend heavily on subjective officer observations and contested blood or urine tests. For Schedule I and II controlled substances, Indiana enforces a “zero tolerance” policy where any detectable amount in your system is a violation. For other substances, the state must prove actual impairment. We challenge the traffic stop, the testing methods and whether the state proved impairment rather than assuming it.
Regardless of the specific charge, immediate legal counsel is necessary to preserve evidence and protect your procedural rights.

How Indiana Classifies Controlled Substances (Drug Schedules)

In Indiana, the penalty for drug possession depends on the type of drug you’re accused of having. To determine the seriousness of a charge, the law groups drugs into five categories called “schedules.” Schedule I drugs are considered the most dangerous, while Schedule V are the least. A charge for a more dangerous drug, like a Schedule I substance, can result in a felony, while possessing a lower-schedule drug might be a misdemeanor.

Schedule I: High potential for abuse and no accepted medical use. (Examples: Heroin, LSD, Marijuana)
Schedule II: High potential for abuse, but also have accepted medical uses. (Examples: Cocaine, Methamphetamine, Fentanyl, OxyContin)
Schedule III: Moderate potential for abuse. (Examples: Anabolic Steroids, Ketamine, Testosterone)
Schedule IV: Lower potential for abuse. (Examples: Xanax, Valium, Ambien)
Schedule V: Lowest potential for abuse, often in limited quantities. (Examples: Cough medicines with codeine)

Drug-related offenses are among the most common criminal charges in the United States. Such violations may include anything from holding a minor quantity of cannabis to distributing substantial amounts of hazardous substances. 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.

How We Build A Powerful Defense Against Indiana Drug Charges

Effective defense requires investigating the specific circumstances of the arrest and the validity of the evidence collection methods.

Challenging An Illegal Search And Seizure

The police cannot search your body, car or home whenever they choose. When they ignore those limits, the evidence they seize may be thrown out.

Example: A traffic stop without cause, a trunk search done without consent or officers entering a home without a warrant.
How we fight: We examine bodycam footage, reports and warrant affidavits. If the search was unlawful, we file motions to suppress the evidence. This can significantly weaken the prosecution’s case.

Addressing The Lack Of Probable Cause

Officers need more than a hunch before detaining you, searching your property or seeking a warrant.

Example: Arrests based solely on a vague tip or warrants obtained with exaggerated information.
How we fight: We scrutinize the facts that led to your arrest. If probable cause was absent, we push to have the case dismissed early.

Questioning Entrapment

Entrapment occurs when law enforcement persuades or induces you to commit a crime that you were not otherwise predisposed to commit; simple police deception is not enough to claim entrapment.

Example: Repeated urging from an undercover officer or coercive conduct by an informant.
How we fight: We analyze recordings, communications and officer conduct to show the police initiated the crime.

Raising The Possibility You Were Unaware (Mistake Of Fact)

You cannot be convicted if you did not knowingly possess the substance.

Example: Borrowing a car without knowing what was inside, accepting a package for a neighbor or believing a product was legal hemp.
How we fight: We expose the gaps in the state’s proof of intent and demonstrate that you were not acting knowingly.

Challenging Possession

Being near drugs does not mean you possessed them.

Example: Drugs found in a shared apartment or in a car with multiple passengers.
How we fight: We challenge constructive possession, arguing you lacked control over the space and creating reasonable doubt about ownership.

Exposing Flaws In The State’s Evidence

Drug cases depend on proper handling, testing and documentation.

Example: Broken chain of custody, improper storage or flawed lab analysis.
How we fight: We demand full evidence logs, inspect lab procedures and highlight any inconsistencies that undermine reliability.

Call us to discuss which of these defense strategies applies to the facts of your case.

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 Criminal Defense, 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 Criminal Defense online or call 317-344-9085 today to schedule a consultation with our drug crime attorneys in Indianapolis.