There are several types of possession charges in Indiana that can result in a wide range of penalties. It’s important to understand your rights if you are charged with possession of drugs or controlled substances. Having a knowledge of what “possession” actually means and what types of substances are illegal will help you and your attorney prepare a defense and hopefully, get your charges reduced or dismissed. There are a number of controlled substances that are classified depending on how easy they are to abuse. There are also other charges related to possession that you need to be aware of. Attorney Paul Kaushal can discuss your options and hopefully, find a way to improve your legal circumstances after this type of charge.
Possession of Controlled Substances
In Indiana, as in many other states, possession of controlled substances is illegal. However, it can be hard to understand what the term “possession” means. It can refer to either active or constructive possession. If you actively possess a drug, that means that you have direct physical control over it. This might mean that you’re carrying it on your person or are seen throwing it away. Constructive possession means that you have the intent and capacity to control the drug, even if it’s not found on you. For example, a drug found in your nightstand. Understanding what type of possession charges you are facing is important for preparing a defense.
Drugs and other controlled substances are divided into a number of categories or schedules. These are based on how easy the drug is to abuse, and also whether or not there are effective treatments for addiction. For example, schedule I drugs like heroine have a high potential for abuse and no effective treatment whereas schedule V drugs like Robitussin have a lower chance of abuse. Penalties are higher for possession charges of schedule I drugs.
Types of Charges
While possession charges can already be complicated to understand, there are also other related charges to be aware of. For example, possession with the intent to distribute can carry much higher penalties than simple possession. Additionally, you can be charged with having precursors, or ingredients typically used to make drugs, or drug paraphernalia. Penalties might also be higher if the drugs are close to a school or park, or if you possess a firearm. Charges can range from misdemeanor offenses with fines to felony offenses that carry jail time.
What to Do
Possession charges can be a big imposition, affecting your ability to find a job or housing. If you are facing a possession charge, it’s very important to seek the advice of a knowledgeable attorney. If you are in the Indianapolis, Noblesville, Kokomo, or surrounding areas, attorney Paul Kaushal can provide you with a free consultation. They have offices conveniently located across central Indiana and will help you understand your legal rights. An attorney can help you build a defense case, and can represent your interests to hopefully get your charges reduced or dismissed.
Possession charges can be quite serious, and can lead to a number of different penalties that can impact your life for years to come. The definition of possession itself can be complicated, and there are a number of different categories of controlled substances that are illegal in Indiana. There are also related charges like possession with intent to distribute or possession of drug paraphernalia that you need to be aware of. If you are facing possession charges, it’s important to speak with an attorney as soon as possible. While they may not be able to get your charges dropped completely, they can hopefully help you improve your legal situation by representing you to the best of their ability. Call attorney Paul Kaushal to find out your legal rights and options.