Indianapolis Drug Crimes Lawyer

Drug crimes are among the most common types of criminal cases heard in state and federal courts. If you have been charged with any type of drug crime, whether simple possession or a more serious federal felony involving drug distribution, you can turn to Colasessano Law Office LLC. 

Our firm provides experienced and aggressive criminal defense representation backed by over 30 years of experience. Attorney Gary Colasessano is a highly skilled trial lawyer who knows how to build strong cases in preparation for trial. This approach puts you in the best possible position for favorable negotiations with prosecutors, as well as when facing a judge and jury. 

Contact our Indianapolis drug crime attorney for a free consultation about your case by using our online contact form or calling us at (317) 203-8541.

Drug Crime Cases We Handle

Colasessano Law Office LLC handles all types of drug crime charges at both the state and federal levels, including:

• Possession of marijuana
• Possession of cocaine
• Prescription drug offenses
• Possession of illegal drug paraphernalia and contraband
• Drug manufacture and cultivation charges
• Drug distribution charges
• Federal drug conspiracy charges
• Drug trafficking
• Operation of meth labs

Drug crimes carry various penalties, depending on the type and quantity of the drugs as well as the nature of the activities involved. Simple possession for your own use is a much less serious charge than drug distribution or trafficking on a large scale at the federal level. 

The penalties can be steep, impacting not only your freedom but also your career and personal life. Understanding the nuances between state and federal charges can be crucial for anyone facing such allegations. State charges might involve simpler offenses such as possession, whereas federal charges could encompass larger, more intricate conspiracies or trafficking across state lines, often involving multiple jurisdictions and intricate legal frameworks.

Either way, the drug crime attorney you choose for any drug arrests is vitally important. At Colasessano Law Office LLC, we have represented countless individuals in drug cases over the past three decades. We are knowledgeable about a wide range of plea scenarios in possession charges that may allow you to avoid a criminal conviction or plead guilty to a lesser offense.

Should we take your case to trial, our experience can mean the difference between a conviction and an acquittal. We can make pre-trial motions that may weaken the prosecution’s evidence and improve your chances of success. Unlike some law firms that focus almost exclusively on seeking plea arrangements, our Indianapolis drug crime lawyer prepares thoroughly for the possibility of trial and will not hesitate to do so if it is in your best interests. 

Drug Possession Offenses

This is the most common drug-related charge. Possession can be classified as:

• Simple Possession: Having a small amount of a controlled substance for personal use.
• Possession with Intent to Distribute: Having a larger quantity that suggests the intent to sell or distribute the drugs.

It's important to consider the context in which possession was determined. Was the substance found in a vehicle during a routine stop, or was it discovered through a search warrant? These circumstances can significantly affect the legal proceedings. Additionally, some states offer alternative sentencing programs for first-time offenders, such as drug diversion programs aimed at rehabilitation.

Drug Manufacturing Charges

This involves the production of illegal drugs, including growing marijuana or creating synthetic drugs. The penalties for manufacturing can be severe, often resulting in lengthy prison sentences.

Manufacturing charges can also extend to those who supply the equipment or precursor materials needed for production. Understanding the specific elements the prosecution must prove, such as intent and complicity, is key in crafting a robust defense. Additionally, business operations suspected of shielding drug manufacturing activities can face property seizure and forfeiture under federal and state laws.

Drug Sales & Distribution Charges

If you are charged with the illegal sale or distribution of drugs, the prosecution will be seeking significant criminal penalties, which may include a lengthy jail or prison sentence. Many state and federal drug charges carry mandatory jail sentences that are extremely severe.

However, these cases often hinge on detailed evidence such as surveillance footage or recorded communications that may not always present a clear picture. Entrapment can sometimes be a defense if authorities overreach in their investigation efforts. Moreover, the scale and organization of drug distribution can impact the severity of the charges, with larger networks facing stiffer penalties.

Our Indianapolis drug crimes attorney will stand up to the prosecution and aggressively defend your rights. We have handled many drug trafficking cases and have a proven record of results in felony criminal cases. We are familiar with the challenges prosecutors face when trying to prove the elements of a drug distribution, trafficking, or conspiracy charge.

Get in touch with our Indianapolis drug crime attorney for a complimentary consultation regarding your case. Fill out our online contact form or call (317) 203-8541.

Legal Consequences of Drug Crimes in Indiana

The legal consequences of drug crimes in Indiana vary based on the specific offense, type and amount of drug involved, and any aggravating factors. Below are specific examples of different drug offenses and their associated penalties:

Possession of Controlled Substances

• Marijuana: Possession of less than 30 grams is typically classified as a Class B misdemeanor, with penalties of up to 180 days in jail and/or a fine of up to $1,000. Possession of 30 grams or more is a Class A misdemeanor, carrying penalties of up to 1 year in jail and/or a fine of up to $5,000 if convicted.
• Other Controlled Substances (e.g., cocaine, heroin): Possession of any amount is a level 6 felony, with penalties of 6 months to 2.5 years in prison and fines up to $10,000.

Possession with Intent to Distribute

• Possessing 5 grams of methamphetamine: It is a level 5 felony, with penalties of 1 to 6 years in prison and fines up to $10,000.
• Possessing more than 30 grams of marijuana with intent to sell: It is a level 6 felony, with penalties of 6 months to 2.5 years in prison and fines up to $10,000.

Manufacturing Drugs

• Manufacturing methamphetamine: Classified as a level 2 felony, it is punished with 10 to over 30 years in prison and fines up to $10,000.
• Cultivating 10 or more marijuana plants: It is a level 5 felony, with penalties of 1 to 6 years in prison and fines up to $10,000.

Distribution and Trafficking

• Selling heroin: As a level 2 felony, this offense is punished with 10 to over 30 years in prison and fines up to $10,000.
• Trafficking cocaine (over 3 grams): Classified as a level 1 felony, penalties include from 20 to 40 years in prison and fines up to $10,000.

Possession of Paraphernalia

• Being found with a bong or syringe used for drug consumption is a class C misdemeanor, carrying penalties of up to 60 days in jail and fines up to $500.

In understanding these legal consequences, it's crucial to recognize that multiple charges can compound, leading to enhanced sentences. Repeat offenses or involvement in organized crime can escalate a case to the federal level, where sentencing guidelines are often harsher. It's imperative to engage legal representation early to navigate these complexities and explore options like rehabilitation programs or plea bargains.

Aggravating Factors in Drug Cases

Certain factors can increase penalties, including:

• Committing drug offenses within 1,000 feet of a school or youth program, leading to enhanced charges.
• Involvement of minors during the commission of a drug crime, which can result in more severe penalties.
• Repeat offenses, where prior convictions can elevate penalties from misdemeanors to felonies.

Such factors underscore the importance of a strategic defense approach. Understanding the nuances of these aggravating circumstances can be pivotal in court negotiations or in formulating defense tactics. Proactively addressing these elements with robust legal arguments could contribute to mitigating the gravest outcomes or reducing charges.

Attacking Drug Charges in Indianapolis

Most drug charges are supported by questionable evidence. To prove their case, prosecutors often have to rely on witnesses with credibility issues, sketchy eyewitness accounts, grainy video footage, inaudible audio, and chain of custody issues that could be a basis for a case dismissal or an acquittal.

While no responsible drug crime attorney will guarantee a particular result in any given case, we do everything possible to seek the best possible result for your charges. We like winning and take a great deal of pride in what we do. As a result, we have achieved positive results for many clients. 

Building a Strong Defense Strategy

Facing drug charges is daunting, but there are several defense strategies that can be employed. As your Indianapolis drug crime lawyer, attorney Colasessano will analyze the specifics of your case to determine the most effective approach. Possible defenses include:

• Unlawful Search and Seizure: If law enforcement did not have probable cause or a warrant, any evidence obtained may be inadmissible in court.
• Lack of Knowledge: If you were unaware that you possessed illegal substances, this could serve as a valid defense.
• Entrapment: If law enforcement induced you to commit a drug crime you would not have otherwise committed, this could be a viable defense.
• Improper Handling of Evidence: If the evidence against you was mishandled or contaminated, it could weaken the prosecution's case.

A key component of constructing a defense strategy involves scrutinizing the prosecution's case for inconsistencies or violations of procedural rules. Early engagement with a lawyer allows for comprehensive evidence review and witness examination, ensuring all potential defenses are explored. Additionally, tapping into forensic specialists or investigators can yield new insights to challenge the reliability of the evidence presented.

Expungement of Drug Charges in Indiana

Clearing your record is a critical aspect of moving on from past mistakes. Indiana offers the possibility of expungement for certain drug-related charges, allowing you to have your criminal record sealed from public access. While this does not erase the record entirely, it means employers or landlords conducting background checks will not see the expunged crime, providing a clean slate for your future endeavors.

Factors to consider for eligibility include the type of charge, the time elapsed since the conviction or completion of the sentence, and whether any further offenses have been committed. Petitions for expungement must be meticulously prepared, with all procedural requirements strictly followed. Engaging a knowledgeable attorney can significantly increase the chance of a successful expungement, as they will guide you through the legal process, from paperwork to court hearings. It's an opportunity to truly start over, often essential for employment prospects and personal peace of mind.

Community Impact of Drug Crimes

Drug crimes have a significant social impact beyond the individuals directly involved. In Indianapolis, the ripple effects can be seen in local communities where drug-related activities often correlate with increased crime rates. This reality makes awareness and legal reform vital topics in civic discussions. Understanding the broader implications allows for more informed conversations about solutions and prevention efforts.

The city is actively engaged in initiatives to combat drug crimes and provide support to affected communities. Collaborating with law enforcement, social services, and community leaders is essential to address the root causes of drug abuse. Programs focusing on education, rehabilitation, and community policing have shown promise in reducing drug-related incidents. As legal representatives, our role extends beyond advocacy in the courtroom to being active participants in fostering a safer and more informed community.

Frequently Asked Questions About Drug Crimes

How Are Drug Charges Typically Proven in Indiana?

Drug charges in Indiana, like elsewhere, are often proven through a combination of physical evidence and witness testimony. Physical evidence can include the drugs themselves, paraphernalia, video or audio recordings, and forensic evidence like fingerprints or DNA. The prosecution might also present testimony from law enforcement officers who conducted the arrest or raid, as well as other witnesses who were present at the scene. The prosecution aims to establish that the accused possessed, sold, manufactured, or distributed the illegal substance and had the intention to breach state laws concerning drug control.

The defense can challenge the prosecution's evidence through cross-examination of witnesses or questioning the legality of how evidence was obtained. Proper legal representation helps in examining the chain of custody for evidence, ensuring no tampering occurred. Additionally, any inconsistencies in witness testimony or procedural errors during arrest can be pivotal in undermining the prosecution's case.

What Steps Should I Take If I'm Arrested on Drug Charges?

If arrested on drug charges, the first step is to remain calm and cooperative. Avoid saying anything that might be self-incriminating and invoke your right to speak with a lawyer immediately. Do not consent to any searches or make statements without your attorney present. Recording all details of the encounter, including officer names and badge numbers, can be useful for your defense.

Contacting a seasoned Indianapolis drug crime lawyer swiftly gives you the advantage of immediate legal advice tailored to your situation. Your attorney can assess whether your rights were violated during the arrest and guide you through subsequent legal processes. A proactive approach, including gathering potential witness accounts and evidence, can fortify your defense.

Can All Drug Charges Be Expunged in Indianapolis?

While many drug charges in Indianapolis are eligible for expungement, it's not a blanket rule for all. Eligibility depends on various elements, including the severity of the charge, time since conviction, and whether any subsequent offenses have occurred. Violent drug-related crimes or those involving significant trafficking may be excluded from expungement possibilities.

A lawyer can assess your situation to determine eligibility and guide you through the application process. This legal procedure often involves submitting detailed documentation to the court and possibly attending a hearing. A successful expungement can profoundly impact your future opportunities, making it crucial to comprehend and follow the correct legal processes.

What Are the Penalties for First-Time Drug Offenders?

Penalties for first-time drug offenders in Indiana vary based on the type and quantity of the drug involved. For minor offenses, such as simple possession, penalties might include probation, fines, or mandatory drug education programs. Courts sometimes offer diversion programs that, upon successful completion, can lead to charges being dropped or reduced.

More serious charges, like distribution or manufacturing, could result in harsher penalties including imprisonment. The court considers factors like the defendant's criminal history, the circumstances of the arrest, and potential public safety risks. Engaging legal counsel early ensures that the complexities of first-time offenses are navigated correctly, potentially identifying diversion opportunities or negotiating plea agreements.

How Does Local Law Enforcement Tackle Drug Trafficking in Indianapolis?

Local law enforcement in Indianapolis employs a combination of strategies to tackle drug trafficking. Surveillance operations, sting operations, undercover officers, and community tips are crucial in identifying and apprehending suspected drug traffickers. Collaborations with federal agencies, such as the DEA, also enhance enforcement capabilities, especially when dealing with cross-state drug operations.

Community policing initiatives aim to foster trust and cooperation between law enforcement and residents, enhancing the flow of information and support. Drug education and awareness programs within the community aim to reduce demand by informing the public about the risks and legal consequences associated with drug crimes. These combined efforts aim to not only arrest offenders but also dismantle the networks facilitating drug trafficking.

Get the Experienced Legal Help You Need Today

If you have been arrested on state or federal drug charges in the greater Indianapolis area, we advise you to turn to our firm for experienced legal representation. Put a law firm behind you that has proven results in drug charges of all kinds and has built a solid reputation for trusted service. 

Speak with our Indianapolis drug crime lawyer for a no-cost consultation about your case. Use our online contact form or dial (317) 203-8541 to connect with us.