Defense From Drug-Related Charges
One of the most common charges in Morgan County are drug-related charges. Marijuana and meth are widely available in the area and law enforcement are eager to stop and arrest anyone they suspect of drug possession or drug trafficking. Drug charges are very fact dependent, the outcome of a case can hinge on how much you are found with, whether you had any prior drug offenses and whether you had any firearms in your possession.
Our attorney at The Gaunt Law Office is very well acquainted with Indiana drug laws. He is a former prosecutor and has handled hundreds of cases involving marijuana or methamphetamine, as well as many other drugs. We know how serious these cases are and how damaging they can be to your future. If you are found with a large enough amount of a drug, you could be facing trafficking charges which can be much more severe than simple possession.
Overcharging And The Goal Of Prosecutors
The presence of a firearm may also lead to enhancement of your penalties. If you had a prior felony conviction or plea agreement and you are in possession of a firearm, that too, can be used to enhance potential penalties.
Prosecutors often ‘overcharge,’ meaning they add every possible charge that can be connected to your offense to intimidate suspects to accept a plea agreement because the risk of facing 25 or 50 years in prison are too great. Prosecutors want to plead out cases as quickly as possible and obtain as many “wins” as possible. Our lawyer understands these tactics and knows how to deal with them and work for the best outcome under the circumstances of your case.
Never Take A Plea Before Speaking To Your Attorney
You never want to accept a plea agreement without first speaking with an experienced attorney who is looking out for your long-term interests. Joseph Gaunt works to obtain the best outcome for your specific circumstances.
Depending on your facts, your case could be dismissed for police misconduct or there may be other issues with the evidence. You may also be eligible for a diversionary program that could allow you to avoid prison and receive treatment for your substance abuse problem.
Frequently Asked Questions About Indiana Drug Charges
Here are some common questions that Morgan County residents have about drug charges and the legal process in Indiana.
What are the different types of drug charges in Indiana?
Indiana recognizes several categories of drug offenses with varying severity levels. Simple possession charges involve having controlled substances for personal use without intent to distribute. Possession with intent to distribute carries harsher penalties and is determined by factors including quantity, packaging, and the presence of scales or other distribution materials.
Drug dealing charges apply when someone sells, transfers or delivers controlled substances to another person. Manufacturing charges involve producing, growing or creating illegal drugs through chemical processes. Trafficking charges represent the most serious drug offenses, involving large quantities or interstate distribution networks.
Additional charges may include maintaining a common nuisance for allowing drug activity on your property, conspiracy for planning drug crimes with others, and various enhancement charges that increase penalties based on location, prior convictions or firearm involvement.
What are the penalties for drug possession in Indiana?
Drug possession penalties in Indiana vary significantly based on the type and amount of substance involved, location of the offense and criminal history. Marijuana possession under 30 grams is typically charged as a misdemeanor with potential jail time up to 180 days and fines up to $1,000.
Methamphetamine, cocaine and heroin possession carry felony charges even for small amounts. First-time offenders may face six months to 2 1/2 years in prison, while repeat offenders or those with larger quantities face substantially longer sentences. Possession near schools, parks or youth centers can enhance penalties significantly. Prior drug convictions, firearm presence during the offense and involvement of minors all serve as aggravating factors that increase potential sentences.
What defenses are available for drug charges in Indiana?
Several defense strategies may apply depending on your case circumstances. Constitutional violations during searches and seizures can result in evidence suppression if police lacked proper warrants or probable cause. Chain of custody issues may arise if evidence was improperly handled or documented.
Medical necessity defenses may apply for certain controlled substances when prescribed for legitimate medical conditions. Lack of knowledge or constructive possession challenges the question of whether defendants actually knew about or controlled the substances found.
Entrapment defenses may succeed when law enforcement induces criminal activity that would not have occurred otherwise. Duress or coercion defenses apply when defendants commit crimes under threat of immediate harm.
Contact Us Now!
No criminal charge improves with age. We can help you deal with your charges today. Call 765-343-6260 or use our online contact form to schedule an appointment. We can also help if you face OWI charges.
