Trusted Lawyer Who Stands Up for Clients Facing Controlled Substance Charges

Drug possession attorney who serves Fort Wayne and the Allen County area

If you have been charged with possession of a controlled substance in Indiana, you are facing serious criminal consequences that can affect your future, your career and your freedom. At the Law Offices of Ryan E. Lackey in Fort Wayne, we represent clients throughout Allen County who have been accused of drug possession and related crimes. 

What does it mean to be charged with possession of a controlled substance?

Possession of a controlled substance means knowingly possessing illegal drugs or certain medications without a valid prescription. These “controlled substances” include such drugs as cocaine, heroin, methamphetamine and Ecstasy (MDMA). Many prescription painkillers and stimulants also fall into this classification. Charges can arise from direct possession (drugs found on your person) or constructive possession (drugs found in a place over which you have control, such as your car or home). Prosecution for drug possession frequently goes hand-in-hand with other criminal charges.

Is possession of a controlled substance a misdemeanor or felony?

Several factors determine whether a possession of a controlled substance charge is treated as a misdemeanor or felony in Indiana. Simple possession of small amounts of certain substances (such as marijuana or prescription medications) may be charged as a misdemeanor, especially for first-time offenders. Felony charges may be brought for cases involving more dangerous substances (such as methamphetamine, heroin or cocaine). Other matters might trigger felony counts based on the amount of drugs seized. Aggravating factors such as previous convictions, possession near a school or park or the presence of firearms can also prompt felony charges.

Will you go to jail for a first-time controlled substance possession offense?

Jail time is a possibility for anyone charged with possession of a controlled substance in Indiana. However, for first-time offenders, courts may be open to alternatives to incarceration, especially in cases involving small amounts of controlled substances and no aggravating circumstances. It may be possible to negotiate for probation, community service or entry into a drug diversion program that enables defendants to avoid jail. Each case is unique, so it is critical to work with a drug crimes attorney who can present your defense effectively in pursuit of the best possible outcome.

Does Indiana offer diversion programs for people charged with drug possession?

Indiana counties, including Allen County, offer alternative sentencing programs known as drug courts or pretrial diversion. These provide first-time and low-level offenders with the opportunity to have their charges reduced or dismissed upon successful completion of treatment and counseling. Eligibility typically depends on the type and quantity of drug involved, the defendant’s criminal history and whether there were any aggravating factors.

Can a conviction for possession of a controlled substance be expunged from your record?

Indiana law allows for the expungement of certain possession of controlled substance convictions. Individuals who have maintained a clean record and complied with all sentencing requirements may petition the court for expungement after a waiting period — usually five years for a misdemeanor conviction or eight years for a felony. Expungement can limit the impact of a past conviction on your future employment, housing and other opportunities.

Speak with an aggressive Indiana criminal defense lawyer

The Law Offices of Ryan E. Lackey in Fort Wayne represents people facing drug charges and other criminal allegations in Allen County and other Indiana locations. If you or a loved one is facing controlled substance prosecution, please call 260-222-7364 or contact us online for a free initial consultation.