Creative Indianapolis Criminal Defense Law Firm with a History of Success
In the state of Indiana, dealing in cocaine or another controlled substance is a serious felony offense that faces long state prison terms, exorbitant fines, and other restrictions on personal liberty and rights. Drug convictions carry negative stigmas and long-standing consequences that can affect your ability to provide for your family or return to a normal life. When you are charged with dealing in a controlled substance, it is crucial that you seek the assistance of an experienced Indianapolis drug delivery attorney to help you fight unfounded or unfair drug charges. The faster you contact Eskew Law LLC, the faster we can investigate the allegations and help you get your life back on track.
At Eskew Law LLC, our team of talented Indianapolis drug crime lawyers have worked hard over the past decade on difficult, complex, and often high-profile Indiana drug cases. We have the knowledge, training, and experience to help you understand the nature of your charges, your options, and what to expect. Before you consider another law firm that delivers only empty promises and no results, contact Eskew Law LLC at (317) 974-0177 to schedule your initial consultation.
Indiana Dealing in a Controlled Substances Law
Section 35-48-4 of the Indiana Code covers all crimes related to controlled substances. Dealing in a controlled substance pertains to:
- Financing the manufacture
- Financing the delivery
The punishment for dealing varies based on the type and amount of the controlled substance. In addition, the presence of certain aggravating factors, such as dealing on school grounds, can enhance the penalty for dealing. If you have been charged with dealing in a controlled substance in Indiana, immediately contact an aggressive Indianapolis drug delivery attorney for guidance.
Indiana Controlled Substances
Section 35-48-2 of the Indiana Code defines which drugs are controlled substances under the dealing statute and organizes these drugs into five schedules, ranging from most addictive to least addictive.
- Schedule I: Drugs with a high potential for abuse but no accepted medical use (aka street drugs)
- Examples: Marijuana and THC, LSD, ecstasy, heroin, mushrooms
- Schedule II: Drugs with a high potential for abuse and dependence and accepted medical use
- Examples: Hydrocodone, morphine, oxycodone, methadone, amphetamines include methamphetamine, PCP, cocaine
- Schedule III: Drugs with a lower potential for abuse, accepted medical use, and moderate risk of dependence
- Examples: Ketamine, steroids, Suboxone
- Schedule IV: Drugs with a low potential for abuse, accepted medical use, and a very limited risk of dependence
- Example: Weaker forms of Codeine
Manufacturing a Controlled Substance
Manufacturing a controlled substance involves:
A controlled substance can be the product of chemical synthesis, extraction, cooking or baking, or simply growing. The Indiana Code outlaws all of the actions associated with engaging in the formation of controlled substances unless the manufacturer is a licensed pharmaceutical company or pharmacist.
The act of financing a manufacturing operation is also criminalized. Financing can involve directly providing funds to the manufacturing process, such as paying someone to concoct a street drug. Financing can also involve paying for equipment, ingredients, and other components of the manufacturing process.
Both manufacturing and financing the manufacture of a controlled substance require that the accused have either knowledge or intent. Therefore, if you are either manufacturing or financing the manufacture, you must either know that a controlled substance is being manufactured or intend that it be manufactured. Knowledge and intent are often proved through circumstantial evidence, such as expert chemist testimony and analysis.
Delivering a Controlled Substance
In Indiana, “delivering” is used as a catch-all phrase to cover the transfer, sale, or trafficking of a controlled substance. Delivery does not require money to exchange hands. Rather, the product must be transferred from one person’s possession to another. Otherwise, if the drugs never leave your possession, you can only be charged with simple possible or possession with intent to distribute.
You can be arrested for delivery if you conduct a sale, transport the drugs and drop them off at another location, or even give someone a small amount of drugs for free. Delivery is charged when the act of delivery occurs and does not require a minimum amount of drugs. Therefore, passing a marijuana joint to a friend and selling several kilos of cocaine both count as delivery, though penalties are increased for larger amounts of drugs.
You do not have to be the individual responsible for physically handing over the drugs. You can still be charged if you finance the delivery. This could include paying for shipping costs or paying someone to deliver the drugs for you.
In addition, delivery and financing the delivery require knowledge or intent. You must either know the substance was illegal or intend to transfer or finance the delivery of a controlled substance. If the prosecutor is unable to prove either beyond a reasonable doubt, you will be acquitted.
If the delivery was not completed, such as due to law enforcement intervention, you can still be charged with attempted dealing or you may instead be charged with possession with intent to distribute. Regardless of the charge, you may wish to consult a drug delivery lawyer in Indianapolis, IN.
Defenses to Dealing in Cocaine or Another Controlled Substance
When you are arrested for dealing, it may seem as if the odds are against you. Many attorneys tell their clients that they have losing cases and push them to plead guilty. A fair, knowledgeable, and talented Indianapolis criminal defense lawyer will instead evaluate your case, conduct an independent investigation, craft a defense strategy, and proceed with your input. If you wish to plead guilty, your attorney will negotiate with the prosecutor. However, if you wish to fight the charges, your attorney can then proceed with a thoughtful and comprehensive defense theory.
Common defenses to dealing include:
- Constitutional violations: The police violated your Fourth or Fifth Amendment rights during the investigation or your arrest. If so, your Indianapolis drug delivery attorney can file a motion to suppress evidence or statements. If granted, the evidence or statements cannot be introduced at trial, which can substantially weaken or completely nullify the prosecutor’s case.
- Evidentiary violations: Case and constitutional law govern when the prosecutor must turn over certain types of evidence. If the prosecutor violates an evidentiary rule, the Indiana judge has the discretion to issue sanctions, which may even include dismissal.
- Not a controlled substance: If the item recovered does not test positive for a controlled substance, you cannot be convicted under the dealing statute. Likewise, your attorney may hire an expert chemist to testify that the procedures and analysis utilized by the police chemist were flawed.
- Lack of intent or knowledge: Intent and knowledge are very difficult to prove. Because they require that the prosecutor to speculate as to what was inside your head, circumstantial evidence is commonly used. Often, this circumstantial evidence is too weak to form a direct link with the alleged crime.
- Misidentification: Many dealing arrests are based on vague suspect descriptions. Without more, the prosecutor may be unable to prove the right person was arrested.
Competent Indianapolis Criminal Defense of Dealing in Cocaine or Another Controlled Substance Charges
If you are being investigated for dealing or were already arrested, do not hesitate. Contact Eskew Law LLC today to discuss your case with an Indianapolis drug delivery attorney. Our team of skilled criminal defense lawyers can immediately begin investigating and crafting strong yet customized defense strategies. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To schedule an initial consultation, call us at (317) 974-0177.