For those facing a possession charge in Indiana, this can lead to feeling overwhelmed; however, there are legal defenses available when faced with such a charge. How to Beat Possession Charge in Indiana If you are wondering how to beat a possession charge in Indiana, Banks & Brower has outlined everything you need to know, from key concepts to possible defense strategies and why you should consider hiring an attorney to help.
What is Possession?
Under Indiana law, possession doesn’t necessarily mean ownership. The law defines two forms of possession:
- Actual Possession: This refers to having direct physical control over the substance, such as having drugs in your pocket or hand.
- Constructive Possession: This means you may not physically hold the substance but have knowledge of it and the ability to control it. For example, if drugs are found in your home or vehicle, and you are aware of their presence, it could constitute constructive possession.
Indiana laws governing possession include various controlled substances, ranging from marijuana and cocaine to prescription drugs without a valid prescription.
What is a Controlled Substance?
Controlled substance means any drug included in the controlled substance schedules of this state. These schedules classify substances into five groups based on their potential for abuse and medical utility:
- Schedule I: High potential for abuse, no accepted medical use (heroin, LSD)
- Schedule II: High abuse potential with medical utility (e.g., cocaine, fentanyl).
- Schedule III: Moderate potential for abuse (e.g., anabolic steroids).
- Schedule IV & V: (Xanax or some cough syrups) Lower abuse potential.
State Penalties for Drug Possession
Indiana imposes strict penalties for drug possession based on the type and quantity of the substance. Here are some common charges:
- Marijuana Possession
- Less than 30 grams (first offense): Class B misdemeanor, up to 180 days in jail, and fines up to $1,000.
- More than 30 grams or subsequent offenses: Level 6 felony, up to 2.5 years in prison, and fines up to $10,000.
- Controlled Substances
- Class A misdemeanor for small quantities, with severe penalties for larger amounts (up to Level 3 felony for significant quantities).
- Methamphetamine or Cocaine
- Level 6 felony for less than 5 grams.
- Level 3 felony for more than 28 grams, with significant prison time (up to 16 years).
Note that aggravating factors, like possession near a school or intent to distribute, can lead to harsher penalties.
Common Drug Possession Defense Strategies
Defending against a possession charge requires a comprehensive understanding of your legal rights. Here are some commonly employed defense strategies:
Warrantless Stop
If law enforcement discovers drugs during an improper stop or search, the evidence may be inadmissible. For example, suppose the police stop you, claiming you ran a red light. However, traffic records prove otherwise. Any drugs found during that stop could be excluded as evidence under the “fruit of the poisonous tree” doctrine.
Search Warrant Lacked Probable Cause
If a search warrant led to the discovery of drugs, however, the warrant was issued without sufficient evidence, your attorney can challenge its validity. Without a proper warrant, the court might suppress the evidence.
Trial Defenses
If the case proceeds to trial, possible defenses include:
- Lack of Evidence: Prosecutors must prove beyond a reasonable doubt that you possessed the drugs.
- Entrapment: If law enforcement encouraged illegal behavior, this defense could be viable.
Each case is unique, and a skilled attorney will tailor a defense based on the specifics of your situation.
Ways to Fight Drug Possession Charges in Indiana
Challenging Possession Charges Under Indiana Law. Here are two key strategies:
Ask the Court to Suppress the Evidence
If it was obtained illegally — at an improper stop, say, or search or seizure — your lawyer can file a motion to suppress. It would be hard for prosecutors to press forward with a case without evidence.
Challenge the Prosecution’s Evidence of Possession
The state must show knowledge and control of the substance. If the drugs were discovered in a shared space, such as a vehicle or home, your attorney might contend that possession cannot be conclusively connected to you.
Take Advantage of Your Right to an Attorney
One of the most critical steps in defending against a possession charge is hiring an experienced criminal defense attorney. Your attorney can:
- Navigate the complexities of Indiana drug laws.
- Handle communication with law enforcement and prosecutors.
- Identify weaknesses in the prosecution’s case.
- Build a strong defense strategy tailored to your circumstances.
Contact Banks & Brower LLC
If you or someone you know is facing possession charges, don’t face it alone. Our team at Banks & Brower has extensive experience defending individuals in Indianapolis and across Indiana against drug possession charges. Contact us today at (317) 870-0019 or 8770 Purdue Road, Indianapolis, IN 46268, United States.
