“Police charged two men with drug-related offenses.”
Indeed, such news is not a surprise anymore since Indiana is amongst the states worst affected by drug abuse. Having said that, many people think that drug crimes are “open and shut” cases. Why? As the drug enforcement officers found drugs on them, their car, or their house.
But that’s not always the case! Before we explain the possible factors that lead to a conviction, let’s walk you through the consequences of possessing a controlled substance in Indiana.
Let’s begin!
Penalties of Controlled Substance Possession in Indiana
If the court proves that you knowingly or intentionally possessed a Schedule I, II, III, or IV controlled substance, you might face the following penalties.
If you committed the crime before July 1, 2014
If it’s a Class D felony, the court will imprison you for anything between 6 months to 3 years with a fine of around $10,000. Contrary to that, if it’s a Class C felony, it will cost you 2 to 8 years imprisonment with a similar amount of fine.
If you committed the crime after July 1, 2014
Your offense will be a Class A misdemeanor that’s punishable with around 1-year imprisonment and a $5000 fine. However, if it is a Level 6 felony, you’ll have to serve about six months to 2 and a half years in jail with a fine of up to $10,000.
Is that all? Not actually!
Suppose the court proves that you intentionally possessed more than 4 ounces of Schedule V controlled substance for around 48 hours. Or if you got hold of the same controlled substance by misrepresentation or through signing an exempt narcotics register. In such circumstances you’ll face the following penalties.
If you committed the crime before July 1, 2014
It will be a Class A misdemeanor that’s punishable with around 1-year imprisonment and up to a $5000 fine.
If you committed the crime after July 1, 2014
It will be a Class D felony that will land you in jail for anything between 6 months to 3 years with a fine of around $10,000.
But,
What Factors Lead to These Possible Convictions?
As per the Indiana drug laws, there are two types of possession.
- Simple possession
- Possession with an intent to distribute
The difference lies in the amount of substance. So, if you are carrying a higher amount, it might tip the law enforcement officers that there is an intent to distribute, thereby making it a higher offense.
Additionally, the court also takes into account the nature of possession involved. It’s usually actual or constructive possession. In the case of actual possession, the person usually has direct control over the substance.
However, in constructive possession, the accused does not always have physical contact with the illegal substance. Instead, the accused has the intent or ability to possess or control it.
Charged With Drug Possession? Contact a Lawyer Now!
Since we already mentioned that, unlike what people presume, not all drug crimes are open and shut. Hence, it would be best if you hire a drug crime lawyer to have a solid defense strategy in place. For instance, if the Evansville law enforcement officers charged you with drug possession, a drug crime lawyer will help you investigate every aspect of your case.
It includes how the officers found the drug or handled the entire investigation. If there is an unreasonable arrest due to unconstitutional actions of law enforcement officers, you have a higher chance of protecting yourself against the said crime.
Wrapping up
Remember, the state must prove the drug possession crime to hold you responsible. Since that’s not always the case, you must contact an experienced drug crime lawyer to help you with all the legalities.