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Drug Possession Is A Serious Criminal Offense In Indiana

Despite the relaxation of laws in other states, such as allowance for medical use, drug possession is still a serious felony in Indiana. If you or a family member was arrested for drugs in the Indianapolis area, you need to fight the charges to avoid prison and a felony record.

The law firm of Sallee Law, LLC, provides the experience you need to confront allegations of drug possession. We have been successful in motions and at trial in challenging drug charges of all kinds on Fourth Amendment grounds and other defenses. With so much at stake, you need a lawyer whose mindset is to win the case, not merely strike a plea bargain.

Assert your rights. Call us without delay for a free consultation at 317-643-5507. Our Indianapolis firm handles drug cases in all surrounding counties, including Hendricks, Boone and Hamilton counties, and statewide Indiana.

Can The Prosecution Prove Its Case?

Attorney Todd Sallee has practiced criminal defense for over 20 years. Before that, he prosecuted drug crimes and other felony offenses as an assistant prosecutor. His extensive trial experience and knowledge of how drug crimes are investigated give him an extra edge in defending these cases. With the possibility of prison on the line, you need every possible advantage.

We handle all federal and Indiana drug possession cases, including:

Possession of marijuana (misdemeanor or felony amount)
Possession of cocaine, heroin, meth or other street drugs
Possession of controlled substances (OxyContin, Xanax, Adderall, Fentanyl, etc.)
Possession with intent to distribute (certain quantity or other evidence of dealing)

Although the police or Drug Enforcement Administration (DEA) may say that you were caught with drugs, it is never an open-and-shut case. You are protected under the Constitution against unreasonable search and seizure. This includes illegal traffic stops, being stopped on the street without any reasonable suspicion, or a search of your vehicle or home without your consent or a valid warrant.

We have been successful in challenging drug possession on Fourth Amendment grounds. In one case, we had a blood draw suppressed as the product of unlawful search and seizure. We have also defeated cases in which police smelled pot when they stopped the car and charged everybody in the vehicle with possession. (See examples of our notable case results in drug cases.)

How Drug Charges Impact A Young Person’s Future

A conviction for drug possession, even as a juvenile, can have serious consequences, from difficulty finding employment to possible jail time. Statistics show that 22% of boys and 18% of girls convicted as juveniles eventually end up in adult prison, making it critical to seek strong legal representation to defend your young adult from the long-term effects of a drug conviction.

Indiana offers alternatives such as diversion programs and drug courts for juvenile offenders struggling with addiction. These programs can help your child avoid a conviction on their record and allow them to get the treatment they need. However, getting into these programs often requires skilled legal guidance. A lawyer from Sallee Law, LLC, can advocate for alternative sentencing to help your child avoid a conviction and focus on recovery.

We Know Your Rights And How To Win Cases

We make every attempt to get charges dismissed, to exclude evidence or witnesses, or to convince the prosecutor to reduce the charges. We also prepare for trial because of the severe penalties that accompany a conviction. You may also qualify for diversion programs to keep the conviction off your record or Drug Court to get addiction help rather than prison time.

Frequently Asked Questions About Drug Possession

Here are some common questions about drug possession law in Indiana. If your question isn’t covered here, or if you need more detailed assistance, we encourage you to contact us directly.

Is marijuana illegal in Indianapolis?

Yes, marijuana is illegal throughout Indiana. We urge individuals to respect the local laws and regulations concerning the possession and use of cannabis. It’s also important to note that transporting marijuana across state lines, even from states where it may be legally purchased, into Indiana is against the law. If you have legal concerns or face charges related to marijuana possession, we’re here to provide legal support and guidance.

Can I give my friend my prescription drug?

No, it is illegal to distribute your prescription medication to someone else. For an individual to legally possess a prescription drug, they must have their own prescription written by a health care professional. Transferring your prescribed medication to another person, regardless of your intentions, constitutes illegal distribution of a prescription drug. If you find yourself or someone you know in a situation related to this issue, don’t hesitate to reach out to us for legal counsel.

Can I object to a search with a drug dog?

Yes, you can object to a search conducted with a drug-sniffing dog, although it may not prevent the search from taking place. Law enforcement officials are permitted to use K-9 units to sniff your vehicle and belongings as long as it does not excessively prolong a traffic stop. However, if the police wish to extend the duration of a stop for a thorough search involving a drug dog, they must have reasonable suspicion of criminal activity.

It’s crucial not to consent to any search, as consenting can affect your rights and any subsequent legal proceedings. If a search occurs despite your objections, make sure to inform your attorney about the details of the encounter. We are prepared to defend your rights and ensure proper procedures are followed.

How will previous convictions impact my current drug possession charge?

Having prior drug convictions on your record can lead to much harsher penalties if you face new charges. Indiana courts factor in past offenses during sentencing, which could result in longer prison terms or steeper fines for repeat offenders. Your criminal history heavily influences how the prosecution will handle your case.

Can I be charged with drug possession if I have a prescription?

Yes, even with a prescription, it is illegal to possess medication that was not prescribed to you. Sharing your prescription drugs or having someone else’s prescription without authorization can lead to felony charges. In Indiana, being caught with another person’s prescription medication carries penalties similar to possessing illegal street drugs.

What does “possession with intent to distribute” mean?

“Possession with intent to distribute” refers to a situation where authorities believe you planned to sell or distribute the drugs in your possession. This specific charge typically applies when large amounts of drugs, packaging supplies or large sums of cash are found, indicating more than personal use. It is a far more serious charge than simple possession and carries significantly harsher penalties.

Is it possible to expunge drug possession charges from my record?

In Indiana, certain drug possession convictions may be eligible for expungement, which removes them from your public record. Eligibility depends on the nature of the offense and the time that has passed since the conviction. Expungement offers a clean slate, but not all charges qualify, and the process can be complex.

Contact Us Day Or Night For A Free Consultation

Call us immediately at 317-643-5507 if you or a loved one was arrested on drug possession charges, or contact us online. We are available 24/7 to protect your rights.