We do not allow our clients accused of drug crimes to become victims. Call me anytime to help better understand the laws below. I take pride in protecting good people charged with drug, marijuana or prescription fraud crimes anywhere in Indiana.
To provide a clearer, more comprehensive understanding of these laws and potential criminal consequences in Indiana, I have outlined the most prosecuted drug offenses.
“Enhancements” referenced where applicable below, include, but are not limited to, manufacturing drugs, possession of firearm in commission of drug offense, presence of children, distribution to a minor or one three years one’s junior, prior dealing related conviction, in a “drug free zone,” on or within five hundred feet of a school bus or public park where children can reasonably be expected to be present.
POSSESSION OF MARIJUANA: (CLASS B MISDEMEANOR)
0-6 months in jail within applicable county jail facility. Up to a one thousand ($1,000) fine not including court costs, statutory user and probation fees and/or any costs pertaining to court imposed obligations.
Conditional Discharge is term used for case outcome that would allow for charge to be dismissed upon fulfillment of negotiated conditions potentially eligible to first time offenders. Eligibility and conditions determined by policy of individual county prosecutor and negotiations of defense attorney and prosecutor.
POSSESSION OF MARIJUANA/ PRIOR CONVICTION, POSSESSION OF CONTROLLED SUBSTANCE WITH NO ENHANCEMENT: (CLASS A MISDEMEANOR)
0 to one year incarceration within applicable county jail facility. Up to one year probation and up to five thousand dollar fine.
POSSESSION OVER 30 GRAMS MARIJUANA WITH PRIOR DRUG CONVICTION, DEALING MARIJUANA UNDER 30 GRAMS WITH PRIOR DRUG CONVICTION, DEALING MARIJUANA OVER 30 GRAMS BUT LESS THAN 10 LBS WITH NO PRIOR CONVICTIONS, POSSESSION COCAINE, METH, NARCOTIC DRUG UNDER 5 GRAMS, PRESCRIPTION FRAUD WITH NO PRIOR DRUG CONVICTIONS (LEVEL 6 FELONY)
6 months to two and one half years imprisonment within applicable Indiana Department of Corrections Prison facility. Presumptive or “average” sentence of one year in prison. If no prior felony convictions, the 6 month minimum sentence can be reduced or suspended. Probation term of up to two and one half years. Up to a ten thousand ($10,000) fine, not including court costs, statutory user and probation fees and/or payments for court ordered obligations of probation.
POSSESSION OF COCAINE, METH, NARCOTIC DRUG BETWEEN FIVE AND TEN GRAMS EXCLUDING MARIJUANA, DEALING CONTROLLED SUBSTANCE UNDER ONE GRAM WITH NO ENHANCEMENT, DEALING MARIJUANA OVER 30 GRAMS AND UNDER 10 LBS WITH PRIOR DRUG CONVICTION, DEALING MARIJUANA OVER 10 LBS, PRESCRIPTION FRAUD WITH PRIOR CONVICTION (Level 5 felony)
Minimum of one year to maximum of six years imprisonment within applicable Indiana Department of Corrections Prison facility. Presumptive or “average” sentence of three years in prison. If no prior felony convictions, the minimum two year sentence can be lawfully reduced or suspended. Probation term of up to eight years. Up to a ten thousand ($10,000) fine, not including court costs, statutory user and probation fees and any other costs associated with court ordered probation terms.
Credit time on any court ordered sentence of imprisonment reduced to twenty five percent.
DEALING CONTROLLED SUBSTANCE; ONE TO FIVE GRAMS, DEALING UNDER ONE GRAM WITH ENHANCEMENT, POSSESSION COCAINE, METH, NARCOTIC DRUG BETWEEN 10 AND 18 GRAMS OR 5-10 GRAMS WITH ENHANCEMENT (Level 4 Felony)
Two to twelve years imprisonment Indiana Department of Corrections. Presumptive sentence of six years.
DEALING CONTROLLED SUBSTANCE: FIVE TO TEN GRAMS OR UNDER FIVE GRAMS WITH ENHANCEMENT: (LEVEL 3 FELONY)
Three to sixteen years Indiana Department of Corrections. Presumptive sentence of nine years.
DEALING CONTROLLED SUBSTANCE; OVER TEN GRAMS OR BETWEEN 5 AND 10 GRAMS WITH ENHANCEMENT: (LEVEL 2 FELONY)
Ten to thirty years Indiana Department of Correction. Presumptive sentence of seventeen and one half years.
Many of my clients come to me as a result of recreational drug use and most recently, the emerging increase of prosecutions related to the usage of otherwise lawful drugs without a prescription. Not unlike dui cases, those charged with pot or prescription crimes are usually upstanding citizens, often professionals, who are attractive targets of law enforcement and prosecutors eager to demonstrate that their efforts to punish are not limited to the poor and/or disadvantaged.
In fact, we have been brought into cases throughout the state where a professional or one with a promising future has, in fact, been subject to greater punishment for a drug prosecution, merely by virtue of the fact that the prosecutor had been attempting to manipulate such a circumstance for maximum political advantage. Often times mere possession cases can be converted to possession with intent to distribute drugs for those not legally protected. Do not let the truth get in the way of reality. It is in the area of dealing and possession with intent to distribute that can lead to the most tragic of penalties to those not adequately prepared.
Call Me For Free To Learn What We Do & How We Can Help You. There are many understandable reasons why good people find themselves involved in dealing activities to simple possession of illegal substances. We understand the financial difficulties of otherwise law abiding citizens who have turned to the sale of drugs either to pay their bills or save homes from foreclosure. We know the hardships that have lead hard working people to resort to the use of illegal drugs to sustain them.
Many times we share the frustration of people who believe that their decision to use Marijuana or another substance for perceived health or recreational reasons should not be anyone’s business but their own. Unfortunately, such prosecutions are on the rise with punishments of increasing severity. Far from the view that these arrests should be dealt with through rehabilitative efforts geared toward allowing citizens to be the most productive that they can be; left unprotected, one charged with unlawful possession and/or dealing activity can often learn how destructive this type of prosecution can become if not adequately confronted.
Review “Truths” Top Criminal Lawyers Wish People Knew as your first action on your path to finding the best defense attorney for your criminal prosecution. When taking the first steps to defending yourself if charged with dealing, possession or a prescription fraud allegation, do not allow pride or shame from contacting me immediately. In Indiana there are deadlines to protect your legal rights. If a criminal charge cannot be dismissed, one’s ability to get the best possible results are often dependent on your attorney’s ability to put forth a pro active defense to a prosecutor before any decisions on your case have been made.