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Drug Possession

Fort Wayne Drug Possession Lawyers

Indiana law firm defends drug charges in Allen County and vicinity

Indiana has some of the harshest drug laws in the country, so if you’re arrested for drug possession, you can’t expect a mere slap on the wrist. To protect your rights and have the best chance at a positive outcome, you must retain the best criminal defense representation available from an Indiana drug possession lawyer. Since 2008, The Law Offices of Ryan E. Lackey in Fort Wayne has provided aggressive defense representation that challenges prosecutors on every element of their case. Our firm is ready to fight for the best possible results.

Types of drug possession charges in Fort Wayne, Indiana

Indiana drug possession laws cover a variety of substances and scenarios, including:

  • Misdemeanor possession — Having small amounts of controlled substances for personal use is a Class A misdemeanor.
  • Felony possession — This Level 4 to Level 6 felony involves having small amounts of the controlled substances coupled enhanced certain circumstances, such as proximity to a school, the presence of a child, possession of a firearm or being on a school bus.
  • Possession with intent to distribute — Possession of a threshold amount of a controlled substance can imply the intent to sell the drugs. With respect to Schedule I, II and III drugs, this offense is a Level 4 felony for amounts of five to less than 10 grams, a Level 3 felony for amounts of 10 grams to less than 28 grams and a Level 2 felony for 28 grams or more.
  • Manufacture of a controlled substance — If, for example, you are charged with producing methamphetamine, the charge starts as a Level 4 felony. It becomes a Level 3 felony for an amount of five to less than 10 grams and a Level 2 felony starting at 10 grams. Enhancements apply if production of the drug results in serious bodily injury or death.

The precise charges for possession depend on numerous factors. Misrepresentation of the facts by police can lead to overcharging so you face even more severe penalties. 

Potential penalties for drug possession

Drug possession sentences can take years of your freedom away. The charges discussed above can result in the following penalties:

  • Class A misdemeanor —Up to one year in jail and a $5,000 fine
  • Level 6 felony —Six months to two-and-a-half years in prison
  • Level 5 felony — One to six years in prison
  • Level 4 felony — Two to 12 years in prison
  • Level 3 felony — Three to 16 years in prison
  • Level 2 felony — 10 to 30 years in prison

All felonies carry a maximum $10,000 fine as well. 

Defending drug possession charges in Fort Wayne

A person charged with drug possession can assert a variety of defenses, such as:

  • Lack of possession — To be in actual possession, you must be aware of the drugs and exercise control over them. If you were duped into taking them, took possession under duress or were coerced, you are not in possession according to the law.
  • Valid prescription — Certain drugs are perfectly legal with a doctor’s prescription.
  • Entrapment — Law enforcement cannot induce a person who would not otherwise do so to take possession of the drugs.
  • Procedural defenses — Drugs seized in an unlawful search are not admissible in court. Drug evidence with a faulty chain of custody is also not admissible. 

The prosecution must prove its case beyond a reasonable doubt. A qualified Indiana drug crime lawyer will present all viable defense theories to challenge the case against you.

Indiana’s conditional program for first-time offenders

First-time drug offenders may be eligible for drug court adjudication, which offers a conditional discharge after completing a treatment program. The court then dismisses the charges, so the defendant’s record is clean.

Contact our criminal defense attorney to fight Indiana drug possession charges

The Law Offices of Ryan E. Lackey provides solid criminal defense representation for clients charged with drug possession. For a free consultation, please contact the firm online or call us at 260-222-7364.

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Our Office
  • Fort Wayne Office
    1519 Spy Run Ave.
    Fort Wayne, Indiana 46805
    Phone: 260-437-0197
    Fax: 260-745-4703