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Noblesville, IN Drug Defense Attorneys
If you are accused of a drug crime in Noblesville, you need to be careful about what you do next. You should not speak freely to the police, even if you feel like you could explain a misunderstanding or defend yourself. In all likelihood, you will say something the police can use against you. With the penalties of an Indiana drug conviction including incarceration, fines, license suspension, and severe collateral impact to your life, no drug charge should be taken lightly. To protect yourself, you should contact a drug lawyer as soon as possible.
Whether you face a simple possession charge or are accused of trafficking controlled substances in or around Noblesville, you need an experienced Hamilton County criminal defense attorney. At GDS Law Group, we are former prosecutors who know how drug cases are built, and we know how to identify weaknesses. With the skill and experience to protect you and your rights, let us scrutinize the evidence, determine your strongest defense options, and fight for the best possible outcome like a reduction, dismissal, or outright acquittal.
To speak with an experienced Noblesville drug lawyer, contact GDS Law Group today through our online form, or call 317-550-5339. We offer free initial consultations, where we can discuss what led to your charges and how we can help.
Possession of Marijuana
Under IC §35-48-4-11, you can be charged with a Class B misdemeanor if you are found to knowingly or intentionally possess up to 30 grams of marijuana or up to five grams of hash oil, hashish, or salvia. If you possess more than this amount, or you were previously convicted of a drug crime, then you will face a level 6 felony.
It is important that you realize that a prosecutor can claim you had possession of an illicit substance if you had actual possession, or what is known as constructive possession.
Actual possession occurs when the marijuana is physically under your control, and usually on your person. An officer may find the marijuana in your pocket or bookbag. Often, when prosecutors claim you had actual possession, no one else at the time had your level of access to the drugs.
Constructive possession means you had knowledge and access to the drugs. Usually, prosecutors claim this type of possession when multiple individuals had access to or control over the drugs, such as if it was in a vehicle or a home.
Marijuana has become legal for medicinal and recreational purposes in some states. However, it is still illegal in Indiana and under federal law. If you are involved with cannabis in Noblesville and are caught by the police, whether you are accused of possessing, dealing marijuana, or growing cannabis plants, call a marijuana lawyer in Noblesville, IN immediately. 317-550-5339.
Conditional Discharge for Marijuana Possession in Noblesville
If you are facing a marijuana possession charge and you have no previous criminal record, you may be eligible for conditional discharge. In other states, this is known as deferred prosecution. Under this process, you plead guilty to the charge, but the judge does not enter your plea. Instead, it is deferred for a period, during which you are on probation. You may have to follow some conditions and complete various requirements during your probation. When you are finished with the court supervision, then the court will dismiss the charges. If you fail to complete the terms of your conditional discharge, then your guilty plea will be entered by the judge, and you can be sentenced up to the maximum allowed by law.
There are advantages and disadvantages to conditional discharge. You should not assume this is the right path for you until you have spoken to a marijuana lawyer in Noblesville.
Possession of a Controlled Substance
If you are arrested and accused of possessing, manufacturing, or selling a controlled substance other than marijuana, contact a drug defense lawyer from GDS Law Group immediately. Indiana law enforcement agencies and prosecutors take drug crimes very seriously, and you will need an experienced drug attorney.
For instance, if you knowingly or intentionally possess meth, you will face a felony charge under IC §35-48-4-6. The level of the felony will depend on the amount in your possession, and whether there are any enhancing circumstances. If you allegedly possessed a Schedule I, II, III, or IV drug other than marijuana, you face a class A misdemeanor or a felony offense, depending on the amount and other factors involved.
Possession With Intent to Sell or Distribute (PWISD)
Being charged with possession of controlled substances with the intent to sell or distribute is a serious drug crime. Depending on the circumstances, if you are accused of selling, distributing, or dealing drugs to others, your charge will be classified as a high-level felony.
Under IC §35-48-4-2, if you knowingly or intentionally manufacture, finance the manufacturing of, deliver, or finance the delivery of a controlled substance in Schedules I, II, or III, other than marijuana, or possess with the intent to participate in one of these actions, and the amount involved is at least 28 grams, then you will be charged with a level 6 felony. However, greater amounts can be charged as level 5, 4, 3, or 3 felonies.
For at least 28 grams of a Schedule IV controlled substances, under IC §35-48-4-3, you face a class A misdemeanor. However, amounts above one gram will be charged as a felony. Under §35-48-4-4, you may be charged with a class B misdemeanor for at least 28 grams, or a class A misdemeanor or felony for greater amounts.
Generally with PWISD, the greater the amount of the drug in your possession, the higher charge you will face, and therefore, the harsher the punishment. If you are arrested for dealing drugs or intending to, you need to call a Noblesville drug lawyer right away at 317-550-5339. Your attorney may fight for your charges to be dismissed or reduced. If prosecutors move forward with a misdemeanor or felony charge, then your lawyer will determine the best strategy to obtain the best possible outcome.
Statutory Sentences for Drug Convictions
If you are convicted of a misdemeanor or felony drug offense in Indiana, you face:
Hamilton County Drug Court
Depending on the circumstances, you may go through Hamilton County’s drug court, which places a greater emphasis on treatment. This court experience may be beneficial to you if you are struggling with drug addiction. Your attorney may be able to fight for you to go through program and receive the help you need instead of being sentenced to incarceration.
Contact GDS Law Group to Talk With a Noblesville Drug Lawyer
If you are facing drug charges in Noblesville, Indiana, call 317-550-5339, or contact GDS Law Group through our online form. We are highly experienced and aggressive drug defense attorneys. We will scrutinize every piece of evidence in your case and determine the strongest defense. Depending on the circumstances, we may argue that you did not have actual or constructive possession of the drugs. We may argue you were the victim of coercion, entrapment, or planted evidence. We also may argue against the alleged weight of the drugs and seek to have your charges reduced.