Merrillville Drug Possession Attorney 

Protect your future with a trusted Indiana drug crimes defense lawyer

Being arrested for drug possession can have serious consequences. In addition to potential jail time and expensive fines, a drug conviction can damage employment, housing and financial opportunities. Our criminal defense attorneys at the Law Office of Weiss, Schmidgall and Hires, P.C. have more than a decade of experience representing individuals arrested in Indiana for possession and other drug crimes. You can trust us to be your capable advocate in seeking the best possible outcome in your case. 

Drug possession charges in Indiana

In Indiana, drugs are divided into five schedules — and these classifications can directly impact the penalties you may face. Prosecutors may consider the type of drug, the quantity and other circumstances at the time of the arrest, such as whether possession occurred near a drug free zone or there was an intent to sell. These factors assist to determine whether you are charged with a misdemeanor or felony. 

Drug distribution and intent to deliver charges

Prosecutors try to prove possession with intent to deliver charges based on several things:

• Quantity of the drug
• Whether there was packaging found or drugs were already packaged
• Whether drug paraphernalia was present 
• Whether a large amount of cash was found
• Whether there are text messages, emails, voice mails indicating sales transactions took place

Possession with intent to sell is typically a felony charge with stiff penalties. Our criminal law attorneys vigorously challenge evidence in these types of cases in an effort to have charges reduced. 

Prescription drug and controlled substance possession

Illegally possessing prescription medications can get you arrested. It is also a crime to use fraudulent means to acquire these medications, such as forging prescriptions, getting drugs from family or friends, buying them from dealers, or stealing them. If you are accused of a prescription drug crime, whether possessing or possessing with intent to distribute, we will develop the strongest defense possible to assist you in resolving the matter.

Search, seizure and other constitutional issues in drug cases

Police must have probable cause to stop your vehicle. More often than not, a search of your home requires a search warrant. However, some exceptions exist. You are protected by the Constitution: if police conduct a search without probable cause or a warrant, the evidence they gather may be excluded from your case. This could potentially lead to the case being dismissed or charges reduced. Our dedicated team has decades of experience in analyzing evidence, drafting motions and presenting arguments on these issues. We will investigate the facts to determine whether violations occurred and the proper consequences for those violations. 

Potential penalties and sentencing for Indiana drug crimes 

Punishments in drug cases depend on the level of the crime. Maximum penalties for misdemeanors include up to a year in jail and a $5,000 fine. For the most serious felony offense, the maximum sentence is up to 40 years in prison and a $10,000 fine. But not everyone is sentenced to time behind bars. Depending on the circumstances, probation, diversion programs and treatment-based alternatives to jail may also be available. We will seek to obtain the most advantageous agreement for your circumstances. 

Contact our Indiana drug possession lawyer to arrange a consultation 

At the Law Office of Weiss, Schmidgall and Hires, P.C., we represent individuals in Indiana who have been arrested for drug possession and other serious drug offenses. Call us at 219-293-8988 or contact us online to schedule a consultation with an experienced drug crimes defense attorney.