Indiana Prescription Drug Defense Lawyer

Fort Wayne attorney well-versed in laws on prescribed medications

Certain drugs are legal only if prescribed by a healthcare provider. If your possession or use of a medication is unauthorized, you can find yourself facing criminal charges. In, Indiana, penalties for a conviction can be severe. Securing representation from an experienced Indiana prescription drug defense lawyer can make all the difference. The Law Offices of Ryan E. Lackey in Fort Wayne can provide a vigorous defense to protect your rights and interests.

Common types of prescription drug crimes

Prescription drug crimes are set forth in Article 48 of Title 35 of the Indiana Code, as follows:

• Fraudulent acquisition — This includes altering prescriptions, doctor shopping or forging documents to obtain drugs. It is often charged as a Level 6 felony. 
• Illegal possession — This means holding a controlled substance without a valid prescription. It can be charged as a Class A misdemeanor or a Level 6 felony based on the quantity and circumstances. 
• Distribution or dealing — Selling or sharing prescription drugs unlawfully, such as providing medication to someone without a prescription, can be charged as a Level 5 or 6 felony. 
• Manufacturing — Illegally producing controlled substances can be charged as a Level 5 or Level 4 felony, depending on the substance and circumstances.

The prosecution has the burden of proving each element of these crimes beyond a reasonable doubt. 

Typical medications that can result in charges

Certain prescription drugs are classified as controlled substances in Indiana, which can subject possessors to criminal charges. These include Schedule II drugs, such as Oxycodone (OxyContin), Hydrocodone (Vicodin) and Adderall. Each has a high potential for abuse and is tightly regulated. Schedule III and IV drugs (e.g., Xanax, Valium) can also result in charges. 

Penalties and consequences of a prescription drug conviction

Penalties for prescription drug convictions in Indiana vary by offense severity. 

• Class A misdemeanor — Possessing a small amount of drugs without a prescription carries up to one year in jail and a fine of up to $5,000. 
• Level 6 felonies — Offenses such as fraudulent acquisition can result in six months to 2.5 years in jail and a fine of up to $10,000. 
• Level 5 felonies — Repeat offenses face stiffer penalties, including up to six years in prison and a fine of up to $10,000. 

Additional consequences include a criminal record, hindering employment and housing prospects, and potential loss of driver’s or professional licenses. Probation, community service or mandatory rehabilitation may also be part of a sentence.

Potential defenses to prescription drug charges

Effective defenses can mitigate charges or result in a dismissal or acquittal. Possible defenses include: 

• Illegal search and seizure — If law enforcement violated your Fourth Amendment rights, evidence collected may be suppressed.
• Valid prescription — You may have legally possessed the medication but couldn’t produce proper documentation at the time. 
• Duress, coercion or lack of knowledge — These factors can negate the mental state of the crime, such as if you were forced to hold or distribute drugs. 
• Entrapment — If law enforcement induced you to act illegally, you might not be criminally liable. 

Other defenses may include challenge evidence reliability, such as lab test accuracy, or negotiate for diversion programs for first-time drug charges.

How our Indiana drug defense attorneys can help

Our attorney employs effective Indiana drug crimes defense strategies to scrutinize evidence and build robust cases. He often achieves positive outcomes by negotiating plea deals, obtaining charge reductions or dismissals and helping defendants qualify for diversion programs. You can trust him to fight for the best possible outcome designed to safeguard your future. 

Get reliable representation from an Indiana drug crimes lawyer

The Law Offices of Ryan E. Lackey offers cost-effective representation if you face any type of drug charge. Please contact us online or call us at 260-222-7364 for a free consultation.