The Seriousness Of Facing Drug Possession Charges

Whether you’re caught with a few grams of marijuana or large quantities of a controlled substance, the possession charge you could face will change. While on one hand you could face a misdemeanor charge, in more serious situations, you could be looking at felony charges — or even federal drug charges — that come with steep penalties. This could range from a conspiracy charge to a serious dealing felony.

Creating A Strong Defense Strategy

At the Indiana law firm of Kammen & Moudy, LLC, we know what to look for in a drug possession case. We gather details connected to important questions like:

• What questions did the police ask during your traffic stop?
• Did they have probable cause to search your vehicle or property?
• Was a search warrant presented to you?
• Did they explain your rights to you after your arrest?

If we suspect your rights were violated or that other missteps occurred during the investigation against you, we will take this into account when preparing a defense strategy. We will uncover the evidence necessary to assert and protect your rights.

We Take Your Case To Trial If Necessary

Whether we handle matters inside or outside the courtroom, we will always make sure we do so after carefully considering your situation and needs. We will work with you to reach a satisfactory resolution.

If we do take your case to trial, you can rest assured that the skilled and knowledgeable lawyers at our firm will handle your case correctly. We will guide you through the legal process, making sure you stay informed every step of the way.

Frequently Asked Questions About Drug Charges In Indiana

Drug possession cases involve complex Indiana statutes and fact‑specific evaluations and if conviction occurs, the consequences can be significant. If you are facing possession charges, the following questions and answers can provide insight into your unique situation.

What is the difference between drug possession and drug dealing?

Indiana law treats possession and dealing as separate offenses with distinct elements. Possession focuses on whether a person knowingly or intentionally had actual or constructive control over a controlled substance. Actual possession involves drugs found on a person. Constructive possession involves drugs found in a place where the person had knowledge of the substance and the ability to exercise control over it.

Drug dealing requires proof of delivery, manufacture or intent to deliver a controlled substance. Delivery includes transferring drugs to another person, even without payment. Intent to deliver may be inferred from circumstances such as packaging, quantity, paraphernalia or statements. Prosecutors rely heavily on surrounding facts when determining whether conduct constitutes simple possession or a dealing offense.

Can I be charged with drug dealing if the drugs were not mine?

Yes. The law allows dealing charges even when the drugs did not belong to the accused. The key issue is whether they knowingly delivered, attempted to deliver or intended to deliver a controlled substance. You could face dealing charges if you transfer drugs belonging to someone else, assist in a delivery or participate in conduct that demonstrates intent to distribute.

Constructive possession principles also apply. If drugs are found in a location under your control and evidence suggests distribution activity, dealing charges may be filed even if you deny ownership. Courts evaluate statements, behavior, packaging, scales, ledgers and other indicators when determining whether dealing occurred.

What are the penalties for drug possession in Indiana?

Penalties depend on the substance, the amount and the circumstances. Indiana classifies possession offenses by drug schedule and weight. Possession of cocaine, methamphetamine or narcotic drugs is typically a Level 6 felony but may increase to a Level 5 or Level 4 felony if the weight is higher or if aggravating factors exist. Aggravating factors include possession near a school, while carrying a firearm or with prior drug convictions.

Possession of controlled substances like benzodiazepines or other medications without a valid prescription is usually a misdemeanor. However, it can become a felony if the quantity is significant or there are prior convictions. Marijuana possession is generally a misdemeanor, but larger quantities or a history of drug convictions can lead to felony charges.

Indiana courts impose penalties that may include jail time, probation, treatment requirements, fines and license consequences. Sentencing varies widely based on criminal history, substance type and case facts.

What are the penalties for drug distribution or intent to sell in Indiana?

Drug dealing is more severe than possession. Dealing cocaine, methamphetamine or narcotic drugs is usually a Level 5 felony but may rise to a Level 4, Level 3 or Level 2 felony depending on weight, location and aggravating factors. Higher weights and dealing near schools or parks can increase penalties.

Dealing controlled substances such as prescription medications without authorization may be charged as a misdemeanor or felony depending on the substance and circumstances. Marijuana dealing is generally a misdemeanor for very small amounts but becomes a felony when weight increases or when evidence indicates commercial activity.

Courts in Indiana typically consider quantity, packaging, scales, cash, communications and witness statements when evaluating intent to deliver. Sentences may include lengthy prison terms, steep fines and strict probation conditions.

How do police decide whether to charge possession or dealing?

Law enforcement evaluates the totality of circumstances when determining whether dealing charges apply. Officers usually assess the amount of drugs, packaging style, presence of scales, baggies, ledgers, cash and communications. Statements made by the accused or witnesses may also influence charging decisions. Even small quantities may trigger dealing charges if evidence suggests distribution.

Indiana allows law enforcement to infer intent to deliver from circumstantial evidence. Officers document observations, collect physical evidence and consult prosecutors before determining the appropriate charge.

Can a small amount of drugs still lead to serious charges?

Yes, small quantities can still result in significant charges in Indiana. Possession of cocaine, methamphetamine or narcotics is a felony regardless of weight. Even residue may support a felony charge if the substance is identifiable and possession near a school or while armed can elevate charges.

Small amounts of marijuana typically result in misdemeanor charges, but prior convictions or aggravating circumstances may increase penalties. Courts evaluate criminal history, location and behavior when determining sentencing outcomes.

What happens if drugs are found in my car, home or on my property?

Indiana law recognizes both actual and constructive possession. Drugs found in a car, home or property may lead to charges if prosecutors believe the accused had knowledge of the substance and the ability to control it. Constructive possession may be established through statements, behavior, proximity, exclusive control of the area or other evidence.

Shared spaces complicate constructive possession analysis. When multiple people have access to a location, prosecutors must show additional evidence linking the accused to the drugs. Courts examine factors such as ownership, control, admissions, fingerprints, paraphernalia and witness accounts.

Can drug charges be dismissed if the search was illegal?

Yes, it is possible. Illegal searches may lead to suppression of evidence under Indiana and federal constitutional law. If police violate the Fourth Amendment or Article 1 Section 11 of the Indiana Constitution, the court may exclude evidence obtained through the unlawful search. Without the evidence, prosecutors may be unable to proceed.

Search issues can involve warrant defects, lack of probable cause, improper traffic stops, unlawful detentions, invalid consent or violations of knock‑and‑announce rules. Courts look at the reasonableness of police conduct and the reliability of the information used to justify the search. Suppression motions require detailed factual and legal analysis.

What defenses are available in a drug possession or dealing case?

Common defenses for drug possession include unlawful search, lack of knowledge, lack of intent, improper police procedures, mistaken identity and insufficient evidence. A successful constructive possession defense often hinges on whether prosecutors can prove knowledge and control.

Additional defenses may involve challenging weight calculations, disputing lab results, contesting witness credibility or addressing chain‑of‑custody issues. Some cases involve entrapment claims when police induce conduct that the accused was not predisposed to commit. Defense strategies in these situations depend on the circumstances and available evidence.

Will a drug conviction stay on my record?

Yes. Drug convictions remain on a person’s criminal record unless expunged. Indiana allows expungement of certain convictions after a waiting period that varies by offense level. Misdemeanors and Level 6 felonies generally have shorter waiting periods. Higher‑level felonies require longer periods and may involve additional conditions.

Expungement eligibility depends on completing the sentence, paying fines, avoiding new convictions and meeting statutory requirements. Some offenses that involve dealing may have restrictions. Expungement does not occur automatically and requires filing a petition with the court.

Can a drug charge affect my job, license or immigration status?

Yes, drug charges can have significant collateral consequences. Employers often conduct background checks, and drug convictions may affect their hiring decisions and professional licensing boards may impose discipline or deny applications based on drug offenses. Additionally, certain convictions may impact commercial driver’s licenses or other regulated credentials.

Immigration consequences can be severe. Controlled substance convictions may lead to removal proceedings, inadmissibility or denial of immigration benefits. Even minor drug offenses may trigger immigration issues. Non‑citizens facing drug charges should seek guidance regarding potential immigration impacts.

Retain Our Services Today

If you are facing drug charges, start planning your defense strategy today with the help of Kammen & Moudy, LLC. Contact our Indianapolis office by calling 317-759-7814 or send us an email to schedule a free initial consultation today.