Looking for the Best Drug Attorney in Indianapolis? 

October 13, 2022

By Keffer Hirschauer LLP

Looking for the Best Drug Attorney in Indianapolis? 

If you’re currently being investigated or have already been charged with drug-related crime, you’ll want to retain the services of the best drug attorney in Indianapolis. The last thing you want to do is carry the weight of a criminal record with you into the future, as it can negatively impact your ability to find solid employment, quality housing, and even carry a firearm. With the help of Indianapolis’ best criminal defense attorneys, you may be able to minimize your potential penalties or have the charges against you dismissed altogether.  

The drug crime lawyers at Keffer Hirschauer LLP have the experience you need to protect your rights in Indiana drug crime cases. Our team is led by former Indianapolis deputy prosecutors. This means that we have particular insight into the prosecution’s strategy and how they will try the case against you. We will manage all evidentiary matters in a strategic manner, while also protecting your constitutional rights, like your right to be free from unreasonable search and seizure.  

If you’re looking for the best drug attorney in Indianapolis, look no further than Keffer Hirschauer LLP. Our criminal defense attorneys have decades of experience defending clients charged with drug crimes in Indiana. Call our Indianapolis office today at 317-857-0160 or schedule a free consultation 

Common Drug Charges in Indianapolis 

There are numerous sections in Indiana Code pertaining to drug offenses, which makes finding and understanding them even more difficult. This is when having the best drug attorney in Indianapolis plays to your advantage. A seasoned criminal defense attorney will know Indiana drug laws inside and out, and how they relate to your specific case. They’ll help you understand the severity of the charges and the potential penalties you could face per the Indiana Sentencing Guidelines. 

Possession of Marijuana and Concentrates in Indiana  

Under Indiana Code 35-48-4-11, possession of marijuana is a Class B misdemeanor. If an individual charged with possession has a prior drug offense, possession of fewer than 30 grams is a Class A misdemeanor. Anyone in possession of at least 30 grams and with a prior drug offense conviction faces a Level 6 felony.    

Possession of fewer than two grams of marijuana concentrates (like hash, dabs, shatter, or wax) is a Class A misdemeanor. If charged with possession of more than two grams of concentrate, or if the individual has a prior conviction involving marijuana and possesses less than two grams of concentrate, they will face a Level 6 felony. 

Selling Marijuana in Indiana  

Indiana marijuana laws contained in Indiana Code 35-48-4-10 stipulate that any individual who knowingly or intentionally manufactures (or finances the manufacturing) of marijuana, hash oil, hashish, or salvia; delivers (or finances the delivery) of marijuana, hash oil, hashish, or salvia; or possesses marijuana, hash oil, hashish, or salvia with the intent to take any of the preceding actions commits a Class A Misdemeanor.  

This offense may be elevated to a Level 6 felony if the individual has a prior conviction for a drug offense and the amount of marijuana, is less than 30 grams of marijuana or less than 5 grams of hash oil, hashish, or salvia; or the individual lacks a previous drug-related conviction, but the amount they possessed was between 30 grams and 10 pounds of marijuana or between 5 grams and 300 grams of hash oil, hashish, or salvia.  

Furthermore, the offense can be elevated to a Level 5 felony if an individual has a previous drug conviction for a drug dealing offense and the amount of the drug involved is between 30 grams and 10 pounds of marijuana or between 5 grams and 300 grams of hash oil, hashish, or salvia; the amount of marijuana involved is at least 10 pounds or 300 grams of hash oil, hashish, or salvia; the offense involved a sale to a minor; or the person is a retailer who was selling a product that appeared to be hash oil, hashish, or salvia, but had reasonable knowledge that it was marijuana, hash oil, hashish, or salvia. 

Possession of Cocaine in Indiana  

Indiana drug crimes law, as outlined in Indiana Code 35-48-4-6, stipulate that possession of cocaine or a narcotic, without a valid prescription, knowingly or intentionally possesses cocaine (pure or adulterated) commits a Level 6 felony. This offense can be elevated to a Level 5 felony if the amount of cocaine involved in the offense is at least 5 grams but less than 10 grams or an enhancing circumstance (as described in IC 35-48-1-16.5) applies. The offense may also be elevated to a Level 4 felony if the amount of cocaine involved is between 10 grams and 28 grams or an enhancing circumstance applies. Furthermore, the offense may be elevated to a Level 3 felony if the amount of cocaine involved is at least 28 grams or the amount is between 10 grams and 28 grams, and an enhancing circumstance applies. 

Possession of Schedule I and II Narcotics (such as heroin, fentanyl, and other opioids)  

Indiana drug crimes law, as outlined in Indiana Code 35-48-4-6, stipulates that a person who is in possession of a narcotic drug (pure or adulterated) classified in schedule I or schedule II, without a valid prescription, knowingly or intentionally possesses a narcotic and therefore commits a Level 6 felony. This offense can be elevated to a Level 5 felony if the amount of the narcotic involved in the offense is at least 5 grams but less than 10 grams or an enhancing circumstance (as is described in IC 35-48-1-16.5) applies. The offense may also be elevated to a Level 4 felony if the amount of the narcotic involved is between 10 grams and 28 grams or an enhancing circumstance applies. Furthermore, the offense may be elevated to a Level 3 felony if the amount of the narcotic involved is at least 28 grams or the amount is between 10 grams and 28 grams, and an enhancing circumstance applies. 

Possession of Prescription Drugs 

Per Indiana Code 35-48-4-7, a person who possesses a controlled substance (pure or adulterated), or an analog of a controlled substance, classified in schedule I, II, III, or IV (except marijuana, hashish, or salvia), without a valid prescription or order of a practitioner acting in the course of the practitioner’s professional practice, knowingly or intentionally possesses a controlled substance can be charged with a Class A misdemeanor. This charge can be elevated to a Level 6 Felony if an enhancing circumstance applies.  

Selling Cocaine and Narcotic Drugs in Indiana  

In accordance with Indiana Code 35-48-4-1, an individual who, knowingly or intentionally, manufactures; finances the manufacture of; delivers; or finances the delivery of cocaine or a narcotic drug classified in schedule I or II commits dealing in cocaine or a narcotic drug, a Level 5 felony. Furthermore, one who possesses, with intent to manufacture; finance the manufacture of; deliver; or finance the delivery of cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II commits dealing in cocaine or a narcotic drug, a Level 5 felony. However, it should be noted that there must be clear evidence and weight to support the belief that the person intended to manufacture, finance the manufacture of, deliver, or finance the delivery of the drug; or the amount of the drug involved must be over 28 grams. This offense can be elevated to three higher level felonies in certain circumstances, including:  

Level 4 Felony 

  • The amount of the drug is at least one gram, but less than five grams 
  • The amount of the drug is less than one gram, but enhancing circumstances apply 
  • The drug is heroin and the amount of heroin involved, aggregated over a period of not more than 90 days (about 3 months), is at least three grams but less than seven grams 

Level 3 Felony 

  • The amount of the drug is at least five grams, but less than ten grams 
  • The amount of the drug is less than one gram, but less than five grams, and enhancing circumstances apply 
  • The drug is heroin and the amount of heroin involved, aggregated over a period of not more than 90 days (about 3 months), is at least seven grams but less than 12 grams; or the amount is between three and seven grams and enhancing circumstances apply  

Level 2 Felony  

  • The amount of the drug is at least 10 grams 
  • The amount of the drug is between five and 10 grams, but enhancing circumstances apply 
  • The drug is heroin and the amount of heroin involved, aggregated over a period of not more than 90 days (about 3 months), is at least 12 grams; or the amount is between seven and 12 grams and enhancing circumstances apply. 

How a Drug Attorney in Indianapolis Can Help You 

When facing criminal charges of any kind, it’s important to remember that if you’re convicted, your Indiana criminal record will impact your life for years to come. Therefore, it is vital that you retain the services of the best possible attorney available to you. The best drug attorney in Indianapolis will know Indiana drug laws inside and out and understand how the courts work. They will aggressively fight for your rights and your freedom. Armed with decades of experience, an Indianapolis drug crimesattorney from Keffer Hirschauer LLP will help build the strongest defense to assert on your behalf and work tirelessly to secure the best possible outcome in your case. If you need to speak with a drug attorney in Indianapolis today, don’t hesitate to call us at 317-857-0160 or schedule a free consultation online.  

How a Drug Attorney in Indianapolis Gets to Know Your Case  

When you choose to hire the best drug lawyer in Indianapolis, like those at Keffer Hirschauer LLP, expect them to ask a lot of questions. Some questions may be quite sensitive; however, it is vital that you are honest and forthcoming with your attorney. This background information will help them craft the best possible defense for your case and give you a better chance of minimizing your potential sentence. In some cases, the drug charges pending against you may even be dropped. 

Common Questions From Your Indiana Drug Lawyer 

  • Which category of controlled substance is alleged in the charge against you? 
  • Were you charged with possession, manufacturing, or dealing?  
  • Does the charge include other drug-related offenses, such as doctor shopping, prescription fraud, or the cultivation of a drug? 
  • What other factors play into the charges against you? Was a minor involved in the offense? What about a gun?  
  • Is the offense a misdemeanor or felony drug charge in Indiana?  
  • What penalties will you face? Jail, fines, probation?  
  • What collateral consequences will you face? Professional licensing, rehab, suspension of driver’s license?  
  • Was there any violation of your constitutional rights, such as a potentially illegal search or seizure?  
  • Has anyone else involved in the case made statements to law enforcement or the prosecutor’s office? 

How a Drug Attorney in Indianapolis Builds a Strategic Defense 

If you choose to work with the best drug attorney in Indianapolis, they’ll understand the intricacies of Indiana drug laws. For example, in Indiana, the drug laws set out statutory defenses to drug crimes. Take, for instance,  Indiana Code 35-48-4-16, which sets circumstances that, if proven, may lower a charge of dealing within 500 feet of a school or park (a higher-level offense) to a mere possession charge. In addition to using the intricacies of Indiana drug laws to your advantage, a good drug attorney would also seek to use any available defenses based on the US Constitution, the Indiana Constitution, or the evidence (or lack of it) in the case. Some examples of these defenses include:  

  • If an unreasonable search and seizure occurred, it warrants the suppression (exclusion) of evidence—citizens are protected from unreasonable searches and seizures by Indiana Constitution, Article I, Section 11 
  • The State’s allegation of constructive possession beyond a reasonable doubt is not supported by the evidence 
  • The existence of a third person (or more) establishes the possibility that someone else owned or had control of the drugs 
  • The State’s case relies solely on circumstantial evidence 

How a Drug Attorney in Indianapolis Can Help Mitigate Career-Related Consequences  

When it comes to professional licensure, some professionals have a large amount of regulation placed upon them, including the consumption of illegal drugs. This is especially true for healthcare professionals, who by virtue of their job, have easy access to a variety of controlled substances. Therefore, if they are found in violation of the Indiana Health Professionals Standards of Practice, they could face serious repercussions.  

Take for example, nurses in Indiana. When a nurse is found to be in violation of the Indiana Health Professionals Standards of Practice, The Indiana Board of Nursing can impose a variety of penalties. Per Indiana Code 25-1-9-9, these penalties include:   

  • Permanent revocation of license  
  • Suspension of license  
  • Censure of the licensee  
  • Written reprimand of licensee  
  • Placement of the licensee on probation  
  • Assessment of a civil penalty of not more than $1,000 per violation  

Furthermore, nurses whose license has been put on probation or suspended for substance abuse-related violations may be required to participate in the Indiana State Nurses Assistance Program (or ISNAP). Nurses in ISNAP are often subject to a one to three-year-long Recovery Monitoring Agreement (or RMA). The RMA outlines the conditions of the nurse’s participation in ISNAP and could include mandatory drug and alcohol testing, counseling, or other treatment services. 

If you are facing drug charges, call an Indianapolis drug attorney at Keffer Hirschauer LLP today. Not only will our criminal defense team defend you in criminal proceedings, but our professional license defense team will also work tirelessly to defend your professional license, career, and livelihood.  

Ready to Speak with Some of the Best Drug Attorneys in Indianapolis? 

When looking for the best drug attorney in Indianapolis, wouldn’t you want one that has insider knowledge of how the prosecution thinks and operates? If so, look no further than the drug attorneys at Keffer Hirschauer LLP. Our team of Indianapolis attorneys have spent years honing their criminal defense skills through experience as: 

  • Indiana deputy prosecutors and public defenders 
  • Marion County DUI Prosecution Unit prosecutors 
  • Fatal Alcohol Crash Team leaders 
  • Marion County Asset Forfeiture Unit supervisor 
  • Lead counsel on numerous jury trials 
  • Lead counsel prosecuting or defending a wide range of criminal charges from misdemeanors to major crimes 

Given our intense focus on criminal law, our drug attorneys in Indianapolis have the skills and knowledge to ably defend you against even the most serious drug charges. But we have to start building your defense soon. Time is of the essence in cases like these. Call Keffer Hirschauer LLP today at 317-857-0160 or schedule a free consultation online. We stand ready to protect you, your freedom, and your rights. 

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