Indiana Drug Charge Lawyer
Criminal drug charges carry harsh penalties in Indiana. At Stein Law, our experienced Indiana drug charge lawyers can help you launch a strong defense and work to get the best possible outcome in your case.
Were you recently arrested for possession, distribution, or other drug crimes in Indiana? Contact the Indiana drug charge lawyers at Stein Law for immediate legal assistance. Your future is on the line, and we’re ready to help you fight to protect it.
When you choose Stein Law, you’ll benefit from a team of criminal defense attorneys with over 75 years of experience handling tough cases like yours.
Our law firm has offices conveniently located in New Albany and Clarksville. Your first consultation is free, and our skilled legal team is always available to provide the guidance you need during this stressful time.
Why should I hire an Indiana criminal defense attorney if I’m facing drug charges?
The state of Indiana and the federal government handle drug cases like yours every day. They’ve got skilled prosecutors ready to fight for a conviction. However, you can level the playing field by hiring an Indiana criminal defense attorney to represent you and fight back.
Give yourself the advantage you need to get the best outcome in your criminal case by calling Stein Law for help right after you’re arrested or formally charged with a drug crime.
Our drug charge attorneys know that there are always two sides to every story, and you deserve the opportunity to tell yours. We’ll be your fiercest advocate and make sure that your rights are fully respected throughout the criminal proceedings.
When you trust us to defend you against drug charges in Indiana, we will:
- Determine if the police had probable cause to perform a search or make an arrest
- Identify potential gaps in the chain of custody of evidence
- Challenge the state’s evidence if we believe it was obtained illegally or has been tainted by a violation of your rights
- Represent you at hearings in state or federal court
- Work with leading drug experts and specialists as we analyze evidence, consider the facts of your case, and determine the best strategy for your defense
- Identify where the prosecution’s case is weakest and use those to your advantage as we work to negotiate a favorable plea agreement, get the charges against you dropped entirely, or secure a not-guilty verdict at trial
Don’t give the prosecutors any advantage. Drug charges carry serious penalties, and a conviction can change the course of your life forever. Contact our drug crime lawyers in Indiana to begin your defense strategy today.
We Represent Clients Facing All Types of Drug Charges in Indiana
In Indiana, it’s a crime to possess, manufacture, distribute, or otherwise deal in a controlled substance. A controlled substance is a drug or chemical compound that is regulated by the government. Some controlled substances may never be used (with very limited exceptions), while others are subject to strict rules.
There are five drug schedules:
- Schedule I: High potential for abuse with no accepted medical use in Indiana (heroin, marijuana, ecstasy)
- Schedule II: High potential for abuse with some limited medical uses in Indiana (cocaine, methamphetamine, oxycodone, Ritalin, fentanyl)
- Schedule III: Moderate potential for abuse with some medical uses in Indiana (ketamine, anabolic steroids, testosterone, Tylenol with codeine)
- Schedule IV: Low potential for abuse with largely accepted medical uses in Indiana (Valium, Ativan, Tramadol)
- Schedule V: Lowest potential for abuse with largely accepted medical uses in Indiana (Lyrica, Parepectolin, Robitussin AC)
Indiana criminalizes possession and dealing in controlled substances.
At Stein Law, our Indiana drug crime attorneys represent clients facing criminal charges for:
Our Offices
Floyd County Office
Downtown New Albany
812-948-6000
810 E. Market St.
New Albany, IN 47150
Clark County Office
Bolt & Tie Building
812-948-6002
1400 Main St. Suite 154
Clarksville, IN 47129
FAQ’s
Content Reviewed by:
Amy Stein
Attorney
Testimonials
Marijuana Possession and Dealing
Marijuana is not legal for recreational use in Indiana. Under Indiana Code 35-48-4-11, you can face misdemeanor or felony criminal charges for possessing marijuana.
Penalties for possession of marijuana include:
- Class B misdemeanor if you possess less than 30 grams
- Class A misdemeanor if have a prior conviction for drug charges
- Level 6 felony if you have a prior conviction and possess more than 30 grams
You can also face criminal charges for dealing marijuana under Indiana Code 35-48-4-10. Intentionally or knowingly growing, manufacturing, cultivating, selling, or possessing marijuana with the intent to sell less than 30 grams can lead to charges for a Class A misdemeanor. Dealing in more than 30 grams of marijuana or having a prior conviction can generate charges for a Level 6 felony.
Dealing in more than 10 pounds of marijuana is a Level 5 felony for a first offense.
Possession of a Controlled Substance
Under Indiana Code 35-48-4-7, it is unlawful to knowingly or intentionally possess a controlled substance (other than marijuana, which is regulated under a different statute) without a valid prescription or in the course of a doctor’s practice.
Possession means that you have:
- Actual possession: you’re in contact with the drug or it’s near your person (e.g., in your hands, in your pockets, or in the bag you’re carrying), or
- Constructive possession: the drug is somewhere you have control over, like your vehicle or home, and you know that it’s there.
You can face Class A misdemeanor charges for a first offense or Level 6 felony charges if there’s an aggravating factor.
Dealing in a Controlled Substance
Unless you’re a health care provider, it’s generally illegal to possess or distribute controlled substances in the state of Indiana. This is particularly true for Schedule I, Schedule II, and Schedule III controlled substances, which have limited-to-no recognized medical purposes.
Under Indiana Code 35-48-4-2, you can face felony criminal charges for dealing if you intentionally or knowingly manufacture, finance, or deliver a controlled substance.
- Level 6 felony: Schedule I, Schedule II, or Schedule III controlled substance
- Level 5 felony: Between one and five grams of a controlled substance
- Level 4 felony: Between five and 10 grams of a controlled substance
- Level 3 felony: Between 10 and 27 grams of a controlled substance
- Level 2 felony: 28 grams or more of a controlled substance
The charges depend on the drug, the quantity, and aggravating factors like prior drug convictions. Felony charges can be elevated any time an enhancing circumstance (aggravating factor) applies.
Possession of Paraphernalia
It’s not just a crime to possess a controlled substance in Indiana. It can also be illegal to possess drug paraphernalia.
Paraphernalia includes instruments, devices, or objects that you knowingly use to:
- Introduce a drug into your body
- Test the purity, effectiveness, or strength of a controlled substance
- Enhance the effect of an illegal drug
You can face Class C misdemeanor charges if you’re arrested for possession of drug paraphernalia in Indiana. Those charges can be elevated to a Class A misdemeanor if you have a prior conviction for a drug paraphernalia-related crime.
What are the penalties for a drug conviction in Indiana?
When you’re arrested on drug charges, there are two types of consequences you’ll face: criminal and collateral.
Criminal consequences are directly related to your drug crime and will ultimately depend on the type of charge you face.
- Class B misdemeanor: Maximum of 180 days in jail and a $1,000 fine
- Class A misdemeanor: Maximum of one year in jail and a $5,000 fine
- Level 6 felony: Six months to two and a half years in prison and a $10,000 fine
- Level 5 felony: One to six years in prison and a $10,000 fine
- Level 4 felony: Two to 12 years in prison and a $10,000 fine
- Level 3 felony: Three to 16 years in prison and a $10,000 fine
- Level 2 felony: Maximum of 30 years in prison and a $10,000 fine
In addition to jail time, you can be sentenced to lengthy terms of probation and other harsh penalties.
You’re not just facing criminal penalties when you’re charged with a drug offense in Indiana. The mark on your criminal record will also trigger something called collateral consequences. These are social and civil penalties that can affect you long after you’ve satisfied your court-ordered penalties.
Collateral consequences for an Indiana drug conviction can include:
- Job loss
- Loss of professional licenses
- Difficulty finding employment
- Loss of the ability to vote
- Loss of child custody or visitation rights
- Inability to own a firearm
- Damage to your reputation
You may have the ability to get your criminal drug conviction expunged, but you must satisfy certain requirements. Getting your drug charge off of your criminal record can help to reduce the collateral consequences you face as you move forward with your life.
What defenses can be raised if I’m facing drug charges in Indiana?
Drug charges are serious, and a conviction can have devastating consequences that touch every corner of your life. The best way to minimize penalties and consequences is by asserting a strong defense from the start.
At Stein Law, we’ll investigate your case, analyze your interactions with law enforcement, and review evidence closely to determine the best strategies for your defense.
Potential defenses might include:
- Unlawful arrest
- Illegal search and seizure
- Evidence has been tainted by a violation of your rights
- Broken chain of custody of evidence
- You weren’t in actual or constructive possession of a controlled substance
- You didn’t know you were in possession of a controlled substance
Our Indiana drug charge attorneys will raise any defense that might prove your innocence, prove a violation of your rights, or cast doubt on the government’s case.
Your Trusted Indiana Drug Charge Lawyers
Whether this is your first offense or you have prior convictions, it’s important to get a jumpstart on your defense. The state will invest considerable resources into proving its case against you.
Our experienced Indiana drug charge lawyers are ready to help you fight for your future.
Contact us at one of our Indiana law offices, conveniently located in New Albany and Clarksville. We offer a free consultation and are available to help launch your defense strategy as soon as you ask for our help.
