If you or a loved one are found with a controlled dangerous substance, and you do not have the authorization to have it, you could be charged with a form of drug possession. This is the most common drug charge, and as a result, the penalties are not the heaviest of all drug crimes, but can still be a serious issue.
If you have been found in possession of a controlled, dangerous substance and have been arrested, an Indianapolis drug possession attorney who is experienced in drug charges can help you with your case.
Why Choose The Expert Team From Wruble Law LLC?
At Wruble Law LLC, we have 25 years of experience in helping clients navigate the complexities of their cases, including many drug possession cases. Our record of success and dedication to a positive result for our clients has earned us a reputation as one of the premier drug possession defense options in Indianapolis, Indiana.
Our lead attorney Stanley Wruble is not just a trial-proven criminal defense attorney. He’s also a top legal mind, having taught at Notre Dame and Northwestern University’s law schools for years. That’s why law professors around the country contact Stan with case referrals.
To learn more about how our Indianapolis drug possession lawyer can help your case, call Wruble Law LLC at (317)-308-8584 today for a free drug possession consultation.
Defining Drug Possession In Indiana
Under Indiana Code 35-48-4-6, IC 35-48-4-6.1, and IC 35-48-4-7, possession is defined as “a person who, without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally possesses” a drug.
A drug, also known as a controlled substance, is any substance found on Indiana’s Drug schedules. Those are explored in further detail below.
Indiana Drug Schedules
The state of Indiana, like many other states, organizes controlled, dangerous substances into a series of schedules for prosecution purposes. The schedule of the substance you are found in possession of will determine the nature of the penalties your charges could lead to.
Drug schedules in Indiana are defined as follows by the Indiana Department of Health:
- Schedule I – These drugs have the highest potential for addiction and abuse and no accepted medical use. Examples include heroin, LSD, marijuana, peyote, ecstasy, and certain opiates.
- Schedule II – These drugs have a high potential for abuse, but have some accepted medical uses under supervision. Examples include methamphetamine, cocaine, Adderall, Ritalin, morphine, and opium.
- Schedule III – These drugs have a moderate potential for abuse and a low risk of physical dependence but have an accepted medical use. Examples include ketamine, testosterone, and anabolic steroids.
- Schedule IV – These drugs have a slightly elevated potential for abuse compared to Schedule V substances but limited dependence risk. Examples include diazepam, Xanax, Ambien, and Tramadol.
- Schedule V – These drugs have the lowest potential for abuse and physical or psychological dependence, along with widely accepted medical use. These include medications with small amounts of narcotic drugs. Examples include cough preparations with 200 mg of codeine or less.
Penalties for Drug Possession In Indiana
Penalties for drug possession can vary widely based on a number of factors, including the type of substance you are found with, the amount of it, and any proven intent in doing so (such as possession for sale or drug trafficking).
What makes possession different than dealing is mostly due to the amount of drugs involved and the intent of the person who possesses them. However, unscrupulous law enforcement officers may try to claim the accused intends to deal the drug in question, even if there is no evidence to support the fact.
Possession-related drug crimes at their lowest could be charged as a Class C misdemeanor but could also be a Level 3, 4, 5, or 6 felony. Possession of drug-related paraphernalia carries its own sentencing requirements defined under the statute.
Factors That Affect Drug Possession Sentencing In Indiana
Several circumstances can significantly affect the penalties imposed on individuals convicted of drug crimes in Indianapolis. These factors include:
- Prior convictions: Previous drug-related offenses on an individual’s record can lead to more severe punishments.
- Possession of a firearm: Committing a drug crime while in possession of a firearm can result in heightened punishments.
- Presence of a child: Committing a drug offense in the presence of a child or children can lead to increased penalties.
Moreover, the location where the offense takes place also plays a significant role in determining potential penalties. Possessing drugs near parks, schools, and correctional and drug rehabilitation facilities can all incur hefty punishments.
Additionally, marijuana-related possession crimes in Indiana have a conditional dismissal opportunity for first-time offenders who plead guilty, as explained under IC 35-48-4-12.
Fight Back Against Charges with An Indianapolis Drug Possession Lawyer
Intricacies of drug possession sentencing in Indiana can be complex, and it’s understandable if you are exhausted and overburdened with the road ahead.
That’s why working with an experienced criminal defense attorney in Indianapolis like Stan Wruble at Wruble Law LLC is essential if you or a loved one is charged with drug possession. His experience in drug possession cases and his knowledge of Indiana’s criminal statutes and the legal system make him an invaluable advocate. Our Indianapolis drug possession attorney will meticulously review the evidence in your case, challenge any constitutional violations, and help develop a strong defense strategy tailored to your specific circumstances.
When you work with Wruble Law LLC, you’ll be able to navigate the complexities of the legal process and potentially secure a dismissal, not guilty verdict, or alternative sentencing options. Entrusting your case to us means you will have a dedicated, skilled attorney fighting for your best interests.
So don’t face your drug possession charges without quality representation in your corner. Contact the legal team at Wruble Law LLC today! Free initial consultations for your drug possession case are available by calling (317)-308-8584 or contacting us today.