People who are charged with possession of a controlled substance in Indiana usually find themselves arrested because of one of three reasons: they were in a car that was stopped for a minor traffic violation, they were in a house that had drugs in it when the police arrived for some other reason, or they were set up by a confidential informant. However you were arrested on your drug charge, the results are all the same; you are taken away in handcuffs, and you will need the services of a competent defense attorney to defend you against these charges.
If you have been charged with a drug offense in Indiana, you need a criminal lawyer who knows the various Indiana drug laws. Because of the serious consequences that can result from a conviction, an attorney who has experience with drug cases is essential in order to minimize any possible penalties. We can help. We review every drug case that comes to our office to determine whether the police had a legal basis for stopping and searching you. If the police had no legal right to search you, nothing that was found at the time of your arrest can be used as evidence against you at trial. You deserve an attorney who will fight to safeguard your rights and ensure that everything that can be done for your defense will be done for your defense, and we will put my experience to work on your behalf.
For example, a car is considered a public place in Indiana for the purposes of a search, and there are many situations when the police can justify searching a person or their vehicle after a traffic stop. If you are found to have committed a separate criminal offense, such as driving while suspended, your vehicle may be impounded and subject to an inventory search. If there are “suspicious” items in plain sight, the officer may be justified in searching your vehicle. If you make suspicious movements while the officer has pulled you over, either you or your vehicle may be subject to a search. If the officer smells drugs or if a drug sniffing dog alerts on your vehicle, you may be subject to a search.
If you are in a home and the police find drugs in that home, you may be charged with a drug offense even if you do not live there. This is known as “constructive possession” under Indiana law. Constructive possession is the theory that if there is an unclaimed item in a room or house, every person in that area has equal control over and use of that item. People who are passengers in a car that has drugs in it can also find themselves charged under the constructive possession theory.
If you have been set up by a confidential informant, that informant has a motive to lie to the police. Confidential informants are often criminals themselves, and lack serious credibility when it comes to trial. They are often the only individuals who can identify a defendant at trial, and are frequently unreliable as witnesses.
These are only some of the issues that we frequently see when we’re defending a client against drug charges. Let us put our knowledge to work defending you, and we can help you put this incident behind you.