How Can I Fight My Drug Possession Charges? 

Facing drug possession charges in Indiana is a serious matter that can significantly impact your future. The gravity of these charges, characterized by the potential for substantial legal penalties and long-term repercussions on your personal and professional life, necessitates a robust defense strategy. At the Law Offices of Shane O’Donnell, we understand the complexities of drug possession laws in Indiana and are committed to guiding you through the process, ensuring your rights are protected every step of the way.

Understanding Drug Possession Charges in Indiana

In Indiana, drug possession charges vary depending on the type and amount of controlled substance found in your possession. The state classifies drugs into five schedules based on their potential for abuse and medicinal value, with Schedule I drugs being considered the most dangerous with no accepted medical use in the United States. The severity of penalties for drug possession can range from misdemeanor charges for smaller amounts to felonies for possession of larger quantities or drugs classified under more serious schedules. These legal distinctions highlight the necessity for knowledgeable legal support when facing such charges.

Legal Strategies for Fighting Drug Possession Charges

Several defense strategies can be employed to challenge the prosecution’s case when confronting drug possession charges. Our attorneys are well-versed in analyzing the specifics of each case to determine the most effective approach.

Police Conducted a Warrantless Stop

One common defense against drug possession charges arises when law enforcement officers conduct a stop without a warrant. The Fourth Amendment protects citizens from unreasonable searches and seizures, meaning evidence obtained during an illegal stop cannot be used against you in court. If we can demonstrate that the police stopped you without a justifiable reason or warrant, the evidence collected during that stop, including any controlled substances found, may be deemed inadmissible.

Lack of Probable Cause for Search Warrant

Another critical area of defense is the challenge against the search warrant itself. A warrant must be issued based on probable cause, supported by oath or affirmation, and specifically describe the place to be searched and the persons or things to be seized. If the warrant lacks probable cause or if the issuing process was flawed, evidence obtained as a result may also be excluded from court proceedings.

Possible Trial Defenses

Even if the case proceeds to trial, there are still defenses available to those accused of drug possession. Demonstrating that the prosecution cannot prove beyond a reasonable doubt that you knew of and controlled the drugs you’re accused of possessing is one strategy. For instance, being in the vicinity of drugs doesn’t necessarily equate to possession, especially in cases of constructive possession where the accused had no physical contact with the substance.

Entrapment is another possible defense. In this case, law enforcement officials induce a person to commit a crime they would not have otherwise committed. If entrapment can be proven, the charges against you might be dropped.

Discuss the Next Steps

The consequences of a drug possession conviction are far-reaching, but with the right defense strategy, you can fight your charges effectively. At the Law Offices of Shane O’Donnell, our dedicated team of attorneys brings extensive experience and a personalized approach to each case. We are passionate about defending your rights and working towards the best possible outcome for your situation. Contact us today to discuss your case and learn how we can assist you in navigating the complexities of the legal system to fight for your future.