In Indiana, possession crimes apply to illegal drugs or controlled prescription drugs for which a person does not have a prescription. This applies to illegal narcotics such as heroin, meth or crystal meth as well as to scheduled substances such as codeine, oxycodone, oxymorphone or loritab. Although drug possession is typically considered a “lesser” drug crime, it may be charged as a misdemeanor or as a felony depending on the type of drug and the amount, or the defendant’s criminal background. I have represented people charged with felonies who possessed just one pain pill that their grandparent gave to them for a sore back. One of my clients was charged with a felony for possession of Seroquel, for which he had a prescription to treat his bi-polar condition, but his prescription did not match the dosage of the pill because he received the pill as a free sample from his doctor. After six months of hard work, depositions and filing motions, I finally got this charge dismissed. If large amounts of drugs are found in an alleged offender’s possession, under Indiana law, the alleged offender may be charged with possession with intent to deliver, manufacturing a controlled substance, or even drug trafficking.
Many people consider drug possession charges as “open and shut” cases due to the fact that law enforcement discovered drug evidence on them, in their car, or on their property. However, this is not always the case. An attorney experienced in representing clients with drug possession charges will thoroughly investigate every single aspect of your case, including how the drugs were found and handled in relation to your criminal charges and investigation. In some cases, a criminal defense lawyer may discover that the law enforcement officer violated your constitutional rights with an unreasonable search and seizure, meaning they did not have lawful grounds to conduct a search in the first place. If your arrest is a result of these unconstitutional actions of law enforcement, certain evidence should be precluded from use against you. With good criminal representation, the drug possession charges against you should be dismissed. If not dismissed, your criminal defense lawyer can work to minimize potential criminal penalties you may face and can possibly help you avoid jail time altogether. Of course, the results any attorney is able to achieve depends on the very unique facts of your case.
As an attorney with significant experience and focus representing criminal defendants, I assure you that every aspect of your case is analyzed. You may have a legal defense that you likely don’t even know. I will vigorously assert this defense for you. What you thought may have been an “open and shut” case, may be dismissed. Also, as an attorney experienced in criminal drug cases, I am willing to look at you as more than a case or a “drug dealer.” Many people charged with dealing charges, are not really dealers. They are just selling enough to support their own habit. If this is your case, I will work to get you into treatment that will help both your case and your future.
