Fighting Allegations Of Controlled Substances Violations
Indiana drug crimes include manufacturing, possessing, dealing and delivering controlled substances. Anyone found guilty of unlawfully making or supplying drugs could face harsh penalties, including incarceration and/or fines. The exact punishments that a judge can impose depend on the alleged offense and the substance involved. If you have been accused of a drug crime, you may have options for fighting your charge. Allow our criminal defense lawyer to review your case and discuss legal avenues that can be explored.
At the Law Office of B.D. Williams, we recognize that going through the criminal justice system can be frightening and stressful. It may even seem like the odds are stacked against you. Our Indianapolis drug crimes lawyer levels the playing field by delivering dedicated and aggressive legal representation. He stands by your side, fighting every step of the way to protect your rights and future. Because he practices only criminal defense, he has in-depth insight into this law area that can benefit your case. Our attorney is ready to put his talents and knowledge to work for you.
Schedule a free consultation by contacting our drug crimes attorney in Indianapolis at 317-953-2199.
Types of Drug Crimes We Handle
Indiana has various laws concerning controlled substance offenses. Regardless of the violation, it’s vital to have an attorney on your case who knows how to handle these charges.
At the Law Office of B.D. Williams, we provide representation for the following:
- Drug possession: Charges can arise when someone has a controlled substance on or near them. Many of these cases involve marijuana possession, which we are adept at resolving.
- Drug delivery and distribution: This involves providing a controlled substance to another person or organization or supervising the act.
- Drug dispensing: This offense occurs when someone unlawfully prescribes, administers, packages, labels or compounds a drug to be delivered to another person.
- Drug manufacturing: It is a violation to make a controlled substance by producing, preparing or compounding it. It’s also unlawful to organize or supervise the manufacture of a controlled substance.
- Drug trafficking: A person can be charged with the offense if they are alleged to have distributed large quantities of a controlled substance.
Schedules Of Controlled Substances
Indiana separates controlled substances into five categories, called schedules: Schedule I, Schedule II, Schedule III, Schedule IV and Schedule V.
The schedules are determined based on the following:
- Potential for abuse
- Accepted medical use
- Pharmacological effect
- Scientific knowledge concerning the substance
- Public health risks
- Psychic or psychological dependency
Schedule I controlled substances are the most severe. They have a high potential for abuse and no accepted medical use. Schedule V substances are the least severe, with the lowest likelihood of being abused or causing psychic or psychological dependence. They also have a recognized use for medical treatment.
The controlled substance schedule can affect the penalties for a violation, where Schedule I is the most severely penalized. Regardless of the schedule category a drug is in, the state takes any illegal conduct seriously and will pursue maximum punishments.
Drug Crime Penalties
The punishments that a judge can impose upon a drug crime conviction vary. Factors affecting the penalties include the act involved and the type and amount of the substance.
- Dealing in at least 1 gram but less than 5 grams of cocaine (IC § 35-48-4-1) is a Level 4 felony penalized by two to 12 years of imprisonment and/or up to $10,000 in fines.
- Dealing in at least 1 gram but less than 5 grams of a Schedule I, II or III controlled substance (IC § 35-48-4-2) is a Level 5 felony penalized by one to six years of imprisonment and/or up to $10,000 in fines.
- Possessing a controlled substance (IC § 35-48-4-7) is a Class A misdemeanor penalized by up to one year in jail and/or up to $5,000 in fines.
- Possessing marijuana (IC § 35-48-4-11) is a Class B misdemeanor penalized by up to 180 days in jail and/or up to $1,000 in fines.
You can seek to avoid or minimize penalties by aggressively fighting your charge. Our drug crimes defense attorney in Indianapolis can help.
Possible Defenses Against Drug Crimes
Depending on the facts, various arguments can be raised to challenge a drug crime accusation.
Examples of defenses include:
- Unlawful search: Under the Fourth Amendment, law enforcement officials must have a warrant to look through someone’s belongings. Absent the warrant, they must have probable cause or the person’s permission. If they overstep their bounds when conducting a search, they have violated the individual’s constitutional rights. Evidence obtained may be inadmissible in court.
- No possession: Someone might have had a controlled substance near them, but they might not have been aware of its presence.
- Not a drug: The substance law enforcement officials collected might not have been a controlled substance.
- Entrapment: Law enforcement officials might have placed undue force on the defendant to coerce them into doing something they normally would not have done.
At the Law Office of B.D. Williams, our lawyer examines the facts of each case to determine how to effectively fight for our clients.