Every state, including Indiana, criminalizes the possession of specific controlled substances. From marijuana and prescription-only drugs to methamphetamine, heroin, and fentanyl, the penalties for a conviction may differ. Still, the effect is the same: you can face long periods of jail or prison time, significant fines, and have your future negatively impacted for years to come.
Kaushal Law and our attorney have experience prosecuting major drug crimes, and we use this previous experience to help our clients attack their drug possession charges. We know the evidence the prosecutor will try to rely on to secure a conviction, and we are resourceful in combatting such evidence.
Learn more about how Kaushal Law can help you in your Indiana drug possession case by contacting us.
Possession Under Indiana Law
You may be surprised that the term “possession” encompasses more than simply having drugs in your hand when stopped by law enforcement. You may be charged with and convicted of drug possession if:
- You are stopped in a car with other individuals, and drugs are found in proximity to where you are seated
- Officers search your residence and find drugs inside the home
- You are staying at a friend’s house, and drugs are found near your personal belongings
- Drugs are found in a bag or container along with personal items belonging to you
When law enforcement officers find you with drugs on you or in your clothing, you are said to be in “actual” possession of drugs. When drugs are located in a place where you can access them, it is called being in “constructive” possession of illegal drugs. Both “actual” possession and “constructive” possession are punishable under the same laws.
Penalties for Drug Possession in Indiana
The penalties for drug possession vary depending on whether you were possessing or dealing with a controlled substance and whether any enhancing factors are present. Simple possession of a controlled substance can be a Class A misdemeanor, punishable by up to 365 days in jail and a $5,000 fine. If enhancing factors are present, possession can become a Level 6 felony and can be punished by up to two and one-half years in prison.
The distribution or dealing of a controlled substance can lead to a Level 2 felony conviction, a crime punishable by up to 30 years in prison and a $10,000 fine.
A Solid and Informed Defense to Indiana Drug Possession Charges
Evidence of drug possession may be suppressed if law enforcement violated your constitutional rights in investigating your case. For example, an illegal search of your home or personal property may result in the suppression of evidence critical to the prosecution’s case against you.
The Marion County criminal defense law firm of Kaushal Law knows that facts matter, especially in drug possession cases. We take the time to obtain a complete picture of your case so we can make a personalized defense strategy for you.
Speak with us at Kaushal Law today about responding to your drug possession charges.