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Indiana Drug Defense Attorney
Drug Lawyers Serving Hamilton County and Madison County
Activity surrounding illegal drugs is taken very seriously in Indiana. Making, transporting, selling, possessing, and using controlled substances is prohibited. If you are caught in actual or constructive possession of marijuana, cocaine, heroin, meth, opiate painkillers without a prescription or any other controlled substance, you can expect to face criminal charges. In some cases, prosecutors will charge you with a misdemeanor. However, it does not take much for a drug crime to rise the level of a felony. That means if you are involved in any way with illegal drugs, you could be looking at high fines, years in prison, and other tough consequences. You may also have to spend years under the harsh rules of probation, during which one violation could send you back behind bars.
To avoid a drug conviction in Indiana or minimize the consequences of any conviction, contact a drug defense attorney at GDS Law Group, LLP. We are here to help. Use our online form or call (765) 313-7092 to schedule a confidential initial consultation.
Why You Need a Drug Defense Attorney
Our experienced Anderson criminal attorneys have represented countless clients facing drug crime charges in Anderson, Muncie, Carmel, Hamilton County, Madison County, and throughout Indiana. It’s important to work with an attorney who has knowledge about the legal processes in the location where you’ve been charged. Courts, prosecutors, judges, and juries differ by geographic location. You will need an aggressive attorney who can walk you through the criminal court process where you are facing charges.
Our drug defense lawyers have experience as both prosecutors and defenders in Indiana. We know how the prosecutors develop cases, and we can use that information to find the holes in allegations against you. When you work with GDS Law Group, LLP, you will get dedicated criminal defense attorney at every step of the drug court process. Contact us at (765) 313-7092 to schedule a free initial consultation today.
Common Drug Charges in Indiana
GDS Law Group, LLP drug attorneys can defend you against any drug charge, including:
Marijuana Possession (IC §35-48-4-11)
If you are found in possession of cannabis, you will be charged with a Class B misdemeanor. If you have a previous drug conviction on your record, then you face a Class A misdemeanor. A prior drug conviction and possession of more than 30 grams results in a Level 6 felony. Whenever you are accused of actual or constructive possession of marijuana or a related product like hash, you need to contact a drug defense lawyer right away.
Dealing in Marijuana (IC §35-48-4-10)
If you knowingly or intentionally manufacture marijuana, finance marijuana cultivation, possess marijuana with the intent to deliver or sell, or actually deliver or sell the drug, then the consequences are much harsher. For dealing in marijuana, you face a Class A misdemeanor. If this is a second or subsequent offense and involves less up to 30 grams of marijuana, or a first-time offense involving between 30 grams and 10 pounds, you will be charged with a Level 6 felony. If this is a second or subsequent offense and involves between 30 grams and 10 pounds of marijuana, or it is a first-time offense involving more than 10 pounds or a sale to a minor, then it is a Level 5 felony.
As you can see, marijuana charges can quickly become felonies in Indiana. Whenever you face drug charges related to cannabis, you need a drug lawyer on your side.
Meth, Cocaine, or Narcotics Possession (IC §35-48-4-6 and IC §35-48-4-6.1)
Indiana has a number of statutes that define the punishments for possessing specific controlled substances. If you are found in actual or constructive possession of methamphetamine, cocaine, or any other Schedule I or II narcotic without a prescription, prosecutors will charge you with at least a Level 6 felony.
If you possess fewer than three grams on a bus or within 500 feet of a school, park, youth center, or family housing complex, or you possess between three and 10 grams, you will face a Level 5 felony. If you possess between three and 10 grams on a bus or within 500 feet of a school, park, youth center, or family housing complex, or you possess between 10 and 28 grams, you will be charged with a Level 4 felony. It is a Level 3 felony if you had between 10 and 28 grams on a bus or within 500 feet of a school, park, youth center, or family housing complex, or you possessed more than 28 grams of cocaine or narcotics.
Whenever you are accused of possessing cocaine or any other narcotic, you will need lawyers for drug charges on your case. A general criminal defense attorney will not be as effective in obtaining the best possible outcome in your case compared to our attorneys at GDS Law Group, LLP who routinely handle Indiana drug possession laws.
Dealing in Meth, Cocaine or Narcotics (IC §35-48-4-1 and IC §35-48-4-1.1)
Like with marijuana, dealing in a drug entails knowingly or intentionally manufacturing the drug, financing the manufacture of it, delivering a drug, financing the delivery of the drug, or possession with the intent to do one of these things.
Dealing in cocaine or another Schedule I or II narcotic is a Level 5 felony. The offense is a Level 4 felony if you have between one and five grams or you have less than one gram, but an enhancing factor, like a previous offense, applies. If you have between one and five grams with an enhancing factor, or you have between five and 10 grams, you face a Level 3 felony. If you have between five and 10 grams with an enhancing circumstance, or you have more than 10 grams, then it is a Level 2 felony.
You may also face a Level 2 felony for dealing in meth if the manufacturing of the drug results in an explosion that causes another person, other than a drug manufacturer, serious bodily injury. If you are involved in one or more clandestine drug labs, and something goes terribly wrong, you can expect prosecutors to throw the book at you. You will face the highest charge they can bring, and if anyone outside of those working in the lab got hurt, you can expect to face a harsh Level 2 felony, which may result in years in prison. You should contact a drug defense attorney immediately to discuss your strongest defense options.
Possession of Other Controlled Substances (IC §35-48-4-7)
There are numerous Indiana drug possession laws, including those related to possession of meth, possession of cocaine and narcotics, and possession of all other controlled substances. If you knowingly possess any Schedule I, II, III, or IV controlled substances, you can be charged with a Class A misdemeanor. If an enhancing circumstance is present in your case, prosecutors will raise the charge to a Level 6 felony.
This statute also covers the unlawful possession of Schedule V controlled substances, like cold medications. You may be charged with a Class A misdemeanor, if you knowingly or intentionally obtain:
- More than four ounces of a Schedule V drug with codeine within 48 hours without a prescription
- A Schedule V drug through an oral or written misrepresentation
- Possession of a Schedule V drug through means other than a prescription or by signing an exempt narcotic register maintained by a licensed pharmacy
If you are found in possession of a controlled substance without a valid prescription, the next thing you need to do is call a drug lawyer. The best way to obtain a fair resolution to your case is to be represented by an experienced drug defense lawyer from GDS Law Group, LLP.
Dealing Other Controlled Substances
There are many other illegal drugs outside of marijuana, meth, cocaine, and narcotics. You may also be charged with a crime for:
- Dealing in a Schedule I, II, or III Controlled Substance (IC §35-48-4-2)
- Dealing in a Schedule IV Controlled Substance (IC §35-48-4-3)
- Dealing in a Schedule V Controlled substance (IC §35-48-4-4)
Whatever drug crime you are facing, call a criminal defense attorney about drug charges as soon as you can at (765) 313-7092. The faster a drug lawyer from GDS Law Group, LLP is on your case, the better. We will immediately begin to protect your rights, work to get you out of jail, and fight for the best possible outcome in your case.
Possession of Paraphernalia in Indiana (IC §35-48-4-8.3)
It is illegal in Indiana to knowingly or intentionally possess an instrument, device, or other object that you intend to use for:
- Introducing a controlled substance into your body
- Testing the strength, effectiveness, or purity of a controlled substance
- Enhancing the effect of a controlled substance
- Class C misdemeanor – A maximum of 60 days in jail and fines up to $500
- Class B misdemeanor – Up to 180 days in jail and a maximum fine of $1,000
- Class A misdemeanor – Up to one year in jail and fines reaching $5,000
- Level 6 felony – Between six months and 2.5 years of imprisonment and fines up to $10,000
- Level 5 felony – At least one year and up to six years of incarceration and fines reaching $10,000
- Level 4 felony – Between two and 12 years of imprisonment and a maximum fine of $10,000
- Level 3 felony – Between three and 16 years of imprisonment and fines up to $10,000
- Level 2 felony – At least 10 years and a maximum of 30 years of incarceration and fines up to $10,000
If you are accused of possessing drug paraphernalia, then you may be charged with a Class C misdemeanor. However, if you a previous conviction related to drug paraphernalia, be it making, possessing, or dealing in it, then you will be charged with a Class A misdemeanor.
Potential Penalties for Indiana Drug Convictions
If you are convicted of a drug offense in Indiana, you may be punished with:
Conditional Discharge in Indiana
For a first-time marijuana possession charge in Indiana, you may have the option known as conditional discharge, as detailed in IC §35-48-4-12. In this situation, you plead guilty to a misdemeanor. However, the judge does not enter the conviction. Instead, the judge defers the proceedings if you agree to fulfill certain conditions. If you fulfill all of the conditions, including submitting to random drug testing for a period of time, then your case is dismissed and you avoid a conviction.
Conditional discharge can be a great option if you are charged with possessing marijuana and have a clean record. However, it is not always the right path for you to take. You need to speak with a drug defense attorney before you make any agreements with a prosecutor.
Drug Crime Probation Violations
A common criminal penalty for a drug offense is months or years of probation. This might not sound like a big deal until you realize that probation can come with a number of very restrictive rules, which you have to lead your life under for years. If you violate any single rule, you will find yourself back in court and possibly facing incarceration.
If you have been arrested for a probation violation and now the prosecutor is threatening years in jail or prison, contact a probation violation lawyer from GDS Law Group, LLP immediately at (765) 313-7092. We know that mistakes happen. We know how easy it can be to take one misstep and violate your probation. We are here to protect your rights, and most importantly, fight for your freedom.
Let a Drug Defense Attorney Help You
No matter which type or level of drug offense you are facing, whether there are enhancing circumstances or not, the best thing you can do is call an experienced and aggressive criminal defense attorney. Our legal team at GDS Law Group, LLP is prepared to thoroughly review your case, determine its strengths and weaknesses, and then guide you through deploying the strongest defense strategy available. Our priority will be to obtain the best possible outcome, which may be having the charges dropped, having the charges dismissed, a plea bargain like conditional discharge, an acquittal at trial, or the minimum penalties upon conviction.