There are a number of different drug crimes that one could face in Indiana, from possession to distribution and manufacturing. Each one is a serious criminal offense and requires legal representation by a skilled Hammond criminal defense attorney to defend against the charge and mitigate the severe consequences of a conviction.
If you have been charged with a drug crime in Hammond, Indiana, you need a Hammond drug crimes defense attorney who understands the local laws and has a track record of defending against these charges. Contact The Law Office of Joseph M. Roberts LLC today to schedule a free consultation. Let us put our knowledge and experience to work in your defense.
Drug Crimes in Indiana
Drug possession is the most common drug crime in Indiana, but there are many drug crimes you can be charged with, such as possession with intent to distribute, drug trafficking, prescription fraud, cultivating, manufacturing, distributing, and drugged driving.
The criminal penalties for drug crime convictions in Indiana are based on the level of the offense. For example, possession of a small amount of marijuana (a Class B Misdemeanor) may result in up to six months in jail and fines up to $1,000, while trafficking large quantities of heroin (a Level 2, 3, or 4 felony) can lead to decades in prison. It is, therefore, important that those charged with drug crimes in Indiana understand the specific penalties.
Beyond the criminal penalties, a conviction for a drug crime can impact various aspects of your life. Potential issues you may face after a conviction include loss of employment opportunities, difficulty in securing housing, and challenges in obtaining loans or federal assistance. Also, some drug convictions can lead to the suspension of your driving privileges or professional licenses, further complicating your personal and professional life.
Common Defenses Against Drug Charges in Indiana
Illegal Search and Seizure
The most common reason evidence is suppressed, and drug charges are dismissed is due to the violation of the defendant’s rights by the arresting officer. Challenging the search is, therefore, one of the most successful strategies to have drug charges dismissed.
In most cases, your attorney has only a limited amount of time to file this motion, highlighting the importance of getting a drug crimes defense lawyer in Hammond involved early in the process. If the time period for challenging the search and seizure has passed, or if there are no grounds to bring a claim of unreasonable search and seizure, there are still other defenses that can be raised to defend a drug charge. These include:
Lack of Knowledge
You can be charged with a drug crime just for being in a vehicle where another person possesses drugs. You can challenge this if you can prove you didn’t know drugs were present. Similarly, drugs could be found in your car or home that you did not know about. Again, you can challenge this if you can offer evidence that other people had access to that place and the drugs belong to them, or you can prove reasonable doubt to such charges.
Reduction of the Charges
Another strategy that is often effective in defending drug charges is having possession with intent to distribute charges, or even manufacturing charges reduced to simple possession. This is particularly possible in cases where there are not large amounts of drugs seized, and credible evidence can be introduced supporting the claim that the drugs were for personal use only.
What Are the Penalties for Different Drug Crimes?
If you are facing a drug charge in Indiana, the penalties you could receive depend on the type of drug, the quantity found, and whether there was intent to distribute. Minor possession charges may result in fines and probation, while large-scale distribution or manufacturing can lead to decades in prison. Understanding how Indiana classifies drug crimes is critical when preparing your defense.
Misdemeanor vs. Felony Drug Charges in Indiana
Indiana law separates drug offenses into misdemeanors and felonies based on the severity of the crime. Possession of small amounts of marijuana or prescription drugs without a valid prescription is usually a Class B or Class A misdemeanor, carrying up to one year in jail and fines of up to $5,000. However, possessing controlled substances such as heroin, methamphetamine, or fentanyl is an automatic felony charge.
Certain aggravating factors can escalate a drug charge from a misdemeanor to a felony. If you have prior drug convictions, were caught with drugs near a school or park, or were in possession of large quantities, you may face enhanced sentencing. Felony drug charges in Indiana can result in up to 30 years in prison, depending on the offense.
Sentencing Guidelines for Drug Convictions in Indiana
Indiana law sets strict penalties for drug-related offenses under Indiana Code § 35-48-4, which outlines drug classifications and sentencing guidelines. The type and quantity of the drug play a major role in determining penalties, with higher schedules carrying the harshest consequences.
Felony sentencing is further structured by Indiana Code § 35-50-2, which defines penalties based on felony levels. A Level 6 felony drug possession charge may result in six months to 2.5 years in prison, while a Level 2 felony for large-scale drug manufacturing or trafficking carries 10 to 30 years in prison and up to $10,000 in fines. Judges also consider aggravating and mitigating factors when determining sentencing outcomes.
What Makes a Drug Crime a Federal Offense?
Not all drug charges stay at the state level. Certain factors can result in federal prosecution. When a case involves large-scale distribution, interstate drug trafficking, or federal law enforcement agencies, it may fall under federal jurisdiction.
Federal drug crimes carry mandatory minimum sentences, making them more severe than state charges. Factors that could make a drug crime a federal offense include:
- Interstate or international drug trafficking
- Large drug quantities
- Involvement of federal agencies
- Drug offenses on federal property
- Conspiracy or organized crime involvement
Can You Get Probation for a Drug Crime in Indiana?
In some cases, probation may be an option for individuals convicted of drug crimes in Indiana. The possibility of probation depends on factors such as prior criminal history, the severity of the offense, and whether the defendant cooperates with rehabilitation efforts. First-time offenders and those charged with non-violent drug possession have a greater chance of avoiding jail time.
Factors That Influence Probation Eligibility
Courts often consider probation for first-time offenders who do not have a history of violent crimes. If you were arrested for possession of a small amount of drugs, you may qualify for a conditional discharge, allowing you to complete probation without serving jail time. Indiana also offers drug court programs, which provide treatment and supervision instead of incarceration.
Plea agreements can also play a role in securing probation. In some cases, prosecutors may offer a reduced sentence in exchange for treatment, community service, or probation supervision. However, eligibility depends on the circumstances of the case, and more serious offenses involving distribution or manufacturing are unlikely to qualify for probation.
How a Hammond Drug Crimes Defense Lawyer Can Help
There are some people who, when faced with the threat of being incarcerated, still choose to handle the matter themselves. Meanwhile, others rightly believe they need professional help but do not know who to hire.
Whenever you are charged or suspected of a drug crime, you owe it to yourself to hire a professional devoted to this area of law. An experienced drug crimes defense lawyer in Hammond can help in the following ways:
- Help you understand the charges you are facing
- Protect your rights during police questioning
- Negotiate a plea deal on your behalf
- Get the charges reduced or dismissed before trial
- Resolve the matter with the best possible outcome
Contact The Law Office of Joseph M. Roberts LLC for a Drug Crimes Defense Attorney in Hammond, Indiana
If you or a loved one is facing drug charges in Hammond, Indiana, you need legal counsel. Do not take any unnecessary chances with your freedom. Contact a Hammond drug crimes attorney immediately. Contact the Law Office of Joseph M. Roberts for prompt legal action to protect your rights and build a strong defense.