Indianapolis Drug Possession Attorney
Possession of a controlled substance is one of the most common crimes charged in the state of Indiana. In the past several years, drug use has experienced an uptick in Central Indiana. In order to combat drug addiction, law enforcement has mainly focused on increased investigations, undercover stings, and arrests. Though simple possession can be a misdemeanor, it has lasting consequences that can affect your future, which is why hiring a knowledgeable Indianapolis drug possession attorney may be in your best interest. You may be sentenced to incarceration, ordered to pay a large fine, and subjected to time-consuming conditions like drug testing or community service. In addition, a drug conviction will appear on your record, which can cause difficulty with obtaining a job or receiving custody or visitation rights for your children.
The best way to fight a possession charge is to equip yourself with the right attorney. You need an Indianapolis drug crime lawyer who has experience, a history of success negotiating with the prosecutor or obtaining acquittals, and a representation style that matches your needs. Eskew Law LLC houses a team of lawyers who pride themselves on their ability to tailor representation to clients’ goals and best interests. To speak with one of our skilled criminal defense lawyers, call us at (317) 974-0177 to schedule a free appointment.
Types of Controlled Substances
Controlled substances include street drugs and narcotics, such as heroin and marijuana, as well as medically approved pharmaceutical drugs obtained without a prescription, such as OxyContin and methadone. All substances are classified according to categories Schedule I-IV.
- Schedule I: Street drugs which are determined by the federal government to have a very high potential for abuse and no accepted medical use, such as heroin.
- Schedule II: Street drugs determined by the federal government to have a high potential for abuse or pharmaceutical drugs with accepted medical use and a high risk of psychological and physical dependence, such as PCP and Vicodin.
- Schedule III: Street drugs with a moderate potential for abuse or pharmaceutical drugs determined by the federal government to have an accepted medical use and a moderate risk of psychological and physical dependence, such as ketamine.
- Schedule IV: Street drugs or pharmaceutical drugs determined by the federal government to have an accepted medical use and a limited risk of abuse and dependence, such as weaker forms of codeine.
Definition of Possession
There are two types of possession: (1) possession with intent to distribute, or finance the delivery or manufacture of a controlled substance and (2) simple possession. Simple possession is possession of a controlled substance for personal use.
Possession can be actual or constructive. Actual possession occurs when the police find the drugs on your person, such as in your hands or pants pocket. Constructive possession occurs when the police find the drugs near your person or in a location associated with you, such as your bedroom or vehicle. To prove constructive possession in Indiana, the prosecutor must show that you knew the drugs were there and that you intended to and had the ability to exercise control over the drugs. In any event, you will need a proficient drug possession lawyer in Indianapolis, IN.
Cops cannot search you for illegal drugs without your consent or probable cause. The smell of a particular drug, such as marijuana or PCP, or evidence of use such as a pipe in your hand may form the basis for probable cause.
Accomplished Indianapolis Drug Possession Attorney Prepared to Handle Your Case
There are a variety of defenses to possession that may be available to you depending on the facts of your case. The passionate Indianapolis criminal defense lawyers at Eskew Law LLC can review your arrest and determine which defense theory would match your situation, goals, and desired outcome. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. For a complimentary consultation, contact us by calling Eskew Law LLC at (317) 974-0177 now.