Indiana Drug Lawyer Jeff Cardella
If you have a drug case in Indiana and need a top rated criminal defense attorney, call me at 317-695-7700 or email me for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association, have served as a Judge pro tem, have nearly two decades of experience and taught criminal law at the IU McKinney School of Law.
Acquittals in drug cases often result from:
- Suppression of Evidence, or
- Inability to Prove Constructive Possession
In a drug case, understanding suppression law and possession law can often be the difference between a plea agreement and a not guilty verdict. I specialize in defending drug charges, have handled thousands of drug cases during my career and done hundreds of motions to suppress. I also taught drug law, suppression law and possession law in my course at the law school. Below, we discuss common topics relating to simple possession charges. If you have a case involving dealing, click the following link to read more about drug dealing and intent to deliver.
Dismissal of Drug Possession Charges in Indiana
In Indiana, charges of possession of controlled substances can sometimes be dismissed if the evidence was obtained unlawfully or if procedural errors occurred during the arrest or investigation. Common defenses include violations of constitutional rights, lack of probable cause, or improper police conduct. Additionally, eligible individuals may qualify for pre-trial diversion programs, which redirect offenders to rehabilitative measures instead of prosecution. Successful completion of these programs, often involving counseling or community service, can lead to dismissal. Specialized courts like Drug Treatment Court offer alternatives to jail for nonviolent drug-related offenses, integrating treatment and supervision. Veterans Treatment Court combines drug, alcohol, and mental health services for veterans, promoting recovery and stability. Mental Health Alternative Courts divert defendants with mental illness to specialized dockets, potentially leading to dismissal after 1-3 years of treatment. These options emphasize rehabilitation over punishment, and upon completion, charges may be dismissed and expunged. Click the following link to read more about the dismissal of drug charges.
Drug Possession under Indiana Law
Possession charges in Indiana involve the unlawful possession of controlled substances, such as drugs or drug paraphernalia. These cases often hinge on whether the defendant had actual or constructive possession, and defenses may challenge the legality of the search or the evidence’s admissibility. Penalties vary by substance and amount, with misdemeanors for small quantities escalating to felonies. Diversion programs may be available for first-time offenders. In Indiana, actual possession applies when an individual has direct physical control over an item (marijuana is found in a pocket during a search) where as constructive possession applies when an individual has no physical contact with the item but has the intent and ability to exercise dominion and control over the item (heroine is found in a purse). Actual possession cases often turn on suppression law while constructive possession cases generally turn on the 6 elements of constructive possession (which are surprisingly defense friendly). Click the following link to read more about constructive possession and actual possession.
Possession of Marijuana Laws in Indiana
Possession of marijuana in Indiana, even in small amounts, can lead to criminal charges, though penalties vary based on quantity and prior offenses. Under 30g is a misdemeanor (up to 180 days, $1k fine), but over 30g escalates to felony. Defenses often focus on search and seizure violations or lack of intent. To explore this topic, click the following link to read more about possession of marijuana.
Possession of Cocaine Laws in Indiana
Possession of cocaine in Indiana is a serious charge, with penalties depending on the quantity and circumstances. Cocaine includes both powder and crack forms, treated equally under state law (unlike federal disparities). Less than 5g is a Level 6 felony (6mo-2.5yr, $10k fine), 5-10g Level 5 (1-6yr), 10-28g Level 4. Defenses often focus on unlawful searches, lack of possession evidence, or procedural errors. Indiana classifies cocaine as Schedule II due to high abuse potential. To learn more, click the following link to read more about possession of cocaine.
Possession of a Controlled Substance Laws in Indiana
Possession of a controlled substance in Indiana includes illegal possession of prescription drugs or other controlled substances without a valid prescription. Defenses may involve challenging the substance’s classification or the search’s legality. Penalties range from misdemeanors to felonies based on schedule and amount. Common substances include heroin, vicodin or xanax. For a deeper understanding, click the following link to read more about possession of a controlled substance.
Possession of Methamphetamine Laws in Indiana
Possession of methamphetamine in Indiana carries severe penalties due to the drug’s classification and the state’s history with meth epidemics, leading to strict enforcement and lab busts. Less than 5g is Level 6 felony (6mo-2.5yr, $10k), 5-10g Level 5, 10-28g Level 4, with enhancers for priors or zones. Defenses may include challenging the evidence’s chain of custody or the constitutionality of the search, or arguing addiction for treatment alternatives. For a comprehensive discussion, click the following link to read more about possession of methamphetamine.
Contact Indiana Drug Attorney Jeff Cardella for a Free Consultation
If you have questions about Indiana’s Drug laws, call me for a free consultation to discuss your case.
Phone: 317-695-7700
Email: jeffcardella@cardellalawoffice.com
Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
I handle cases throughout all of Indiana, including the Federal District Courts and the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:
- Indianapolis, Indiana (for both Criminal Defense and Expungement)
- Noblesville, Carmel & Fishers, Hamilton County, Indiana (for both Criminal Defense and Expungement)
- Danville, Plainfield & Avon, Hendricks County, Indiana (for both Criminal Defense and Expungement)
- Franklin & Greenwood, Johnson County, Indiana (for both Criminal Defense and Expungement)
- Muncie, Delaware County, Indiana (for both Criminal Defense and Expungement)
- Bloomington, Monroe County, Indiana (for both Criminal Defense and Expungement)
- Anderson, Madison County, Indiana (for both Criminal Defense and Expungement)
- Lebanon & Zionsville, Boone County, Indiana (for both Criminal Defense and Expungement)
- Shelbyville, Shelby County, Indiana (for both Criminal Defense and Expungement)
- Martinsville, Mooresville & Morgantown, Morgan County, Indiana (for both Criminal Defense and Expungement)