Drug Crimes Lawyer in Indiana

Indiana Drug Crime Penalties

Indianians don’t like drug crimes and dealers. Thus, prosecutors handle these cases aggressively and will dedicate substantial resources to convicting people accused of drug crimes. Penalties increase based on the severity of the offense:

Possession

• Marijuana:
  • Less than 30 grams (first offense): Class B misdemeanor – up to 180 days in jail and a $1,000 fine.
  • Less than 30 grams with prior drug conviction: Class A misdemeanor – up to 1 year in jail and a $5,000 fine.
  • 30 grams or more with prior conviction: Level 6 felony – 6 months to 2.5 years in prison and up to a $10,000 fine.
• Other Controlled Substances – Meth, Cocaine, Etc.:
  • Basic possession with no enhancements: Level 6 felony – 6 months to 2.5 years in prison and up to $10,000.
  • With enhancements, such as near an elementary school: Can escalate to Level 5 or higher felony, with 1-6 years in prison.

Dealing/Trafficking

• Marijuana:
  • Less than 30 grams: Class A misdemeanor – up to 1 year and $5,000.
  • 30 grams to 10 pounds with prior conviction: Level 5 felony – 1-6 years and up to $10,000.
  • 10 pounds or more: Level 4 felony – 2-12 years and up to $10,000.
• Cocaine, Meth, or Narcotics:
  • Less than 5 grams: Level 5 felony – 1-6 years and up to $10,000.
  • 5-10 grams with enhancements: Level 4 felony – 2-12 years.
  • 10 grams or more: Level 2 felony – 10-30 years and up to $10,000.

Manufacturing

• Methamphetamine:
  • Basic offense: Level 4 felony – 2-12 years.
  • With enhancements, such as causing serious bodily injury: Level 2 felony – 10-30 years.

Paraphernalia

• First offense: Class C misdemeanor – up to 60 days and $500.
• Subsequent offense: Class A misdemeanor – up to 1 year and $5,000.

Enhancing Factors For Drug Crime Charges

Certain factors can increase the severity of charges:

• Location: Committing the offense within 500 feet of a school, park, or family housing complex.
• Firearms: Possessing a gun during the crime.
• Quantity: Larger amounts of drugs often lead to higher felony levels.
• Prior Convictions: Repeat offenders face stiffer penalties.
• Minors: Involving or endangering children can enhance charges.

Importance Of Hiring A Lawyer After A Drug Crime Charge

Hiring a lawyer after being charged with a drug crime in Indiana is crucial for several reasons. The state’s legal system is complex, and drug offenses carry significant consequences that can affect your life long-term. Our highly skilled criminal defense lawyers at Gemma & Karimi will make a dramatic difference in the outcome of your case as follows:

Understanding the Charges and Penalties

Drug laws in Indiana are intricate. Charges range from misdemeanors to serious felonies with penalties including jail time, hefty fines, and a criminal record. Our Indianapolis drug crime lawyer can:

• Break down the specific charges against you, whether possession or trafficking.
• Explain the potential penalties based on the drug type, quantity, and aggravating factors, like proximity to a school or prior convictions.
• Assess whether the prosecution’s case aligns with Indiana’s legal definitions and sentencing guidelines.

Without this expertise, you might underestimate the severity of your situation or miss opportunities to challenge the drug crimes case.

Protecting Your Civil Rights

Law enforcement and prosecutors aren’t there to protect your rights. They’re building a case against you. A Gemma & Karimi drug crimes lawyer can:

• Ensures police followed proper procedure, including valid search warrants, probable cause.
• Identifies violations of your Fourth Amendment rights – unlawful search and seizure – or Fifth Amendment rights – coerced statements.
• Files motions to suppress evidence if it was obtained illegally, which could weaken or even dismiss the case.

For example, suppose drugs were found during an unconstitutional police traffic stop. In that case, your drug crimes attorney may argue that the evidence must be excluded, which could lead to a case dismissal.

Building a Strong Defense

Drug cases often hinge on specific details, such as possession, intent, or ownership, that can be contested. Your drug crimes lawyer can:

• Investigate the circumstances, such as were the drugs yours, or were they in a shared space? For example, perhaps the police arrested you for a gram of cocaine in your vehicle. However, it was under the passenger’s seat. Your attorney may argue that someone borrowed your car and left the drugs there.
• Challenge the prosecution’s evidence, like lab tests or witness statements.
• Raise defenses such as lack of intent, such as proving personal use rather than distribution, or entrapment, if police pressured you into committing the drug crimes.

Without legal representation, you might not know how to dispute the state’s narrative or present exculpatory evidence effectively. Furthermore, the controlled substances and drug crimes judge that hears your case will not be easy on you because you aren’t an attorney. They expect you to know Indiana drug laws, like if you passed the bar exam and work as an attorney. You’re highly likely to make severe mistakes in your controlled substances case that could jeopardize your future.

Navigating the Indiana Legal System

Indiana’s court system has strict deadlines, procedures, and paperwork that can overwhelm someone without legal training. Your drug crimes lawyer:

• Handles filings, court appearances, and negotiations on your behalf.
• Ensures you don’t miss critical steps, like responding to discovery or attending hearings, which could otherwise harm your case.
• Understands that local court dynamics, such as judges, prosecutors, and policies, vary by county. Our drug crimes attorneys are Indianapolis natives, so we know the criminal justice landscape in our city.

Self-representation greatly risks procedural errors that could lead to harsher outcomes.

Negotiating Plea Deals or Alternatives

Prosecutors often offer plea bargains to resolve cases quickly, but these deals aren’t always in your best interest. Your drug crimes lawyer can:

• Evaluate whether a plea is fair or if fighting the charges is a better option.
• Negotiates to reduce charges, from a felony to a misdemeanor, or penalties, such as jail time or probation.
• Explores alternatives like Indiana’s drug courts, which focus on rehabilitation and can lead to dismissed charges upon completion.

For non-violent offenders, drug court or diversion programs can be a lifeline, but you need a skilled drug crimes lawyer to secure these options.

Minimizing Long-Term Consequences

A drug conviction in Indiana can haunt you beyond jail or fines, affecting employment, housing, education, and driving privileges. A lawyer:

• Works to avoid a conviction altogether through dismissal or acquittal.
• Seeks sentencing options (e.g., probation, community service) that preserve your record.
• Advises on expungement eligibility after the case, which Indiana law allows under certain conditions (e.g., after 5 years for some felonies).

You might unknowingly accept a plea that permanently damages your future without counsel.

Experience with Local Factors

Indiana’s drug laws are applied differently across all counties. A criminal defense attorney familiar with your area:

• Knows how local prosecutors approach drug cases, such as aggressively in meth-heavy regions like southern Indiana. Indianapolis prosecutors are especially tough on methamphetamine dealers near schools and parks.
• Understands judges’ tendencies, such as whether they’re lenient vs. strict on sentencing.
• Leverages relationships and insights to your advantage.

This localized knowledge can be a game-changer in crafting a strategy tailored to your jurisdiction.

Reducing Stress and Uncertainty

Facing a drug charge is overwhelming in Indiana. You must confront bewildering legal language, legislative statutes, legal paperwork, court dates, and the ever-present risk of incarceration. Your drug trafficking attorney offers the following:

• Takes the burden off your shoulders by managing the case.
• Clarifying what to expect at each stage of your drug crime cases.
• Offers objective advice, preventing emotional decisions that could worsen your legal situation.