What to Do If You’re Arrested for Drug Possession in Indiana

Posted on November 6, 2023 by admin

Being arrested for drug possession can be a frightening and disorienting experience, particularly in Indiana where drug laws are notably stringent. This blog post aims to provide you with crucial information and actionable advice to navigate this challenging situation. It is crucial to remember that every decision you make from the moment of your arrest can profoundly impact the outcome of your case.

Understanding your rights, the legal process, and the importance of securing a seasoned criminal defense lawyer will serve as your guiding compass. Read on to equip yourself with knowledge that can make a significant difference in your future.

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Your Rights as an Arrested Individual

As a citizen of the United States, you have certain constitutional rights that protect you during an arrest. These include the right to remain silent and your right to an attorney. It is essential to exercise these rights immediately after your arrest and not answer any questions or make statements until you have spoken with a lawyer. Anything you say can be used against you, so it is best to remain silent until you have legal representation.

How to Behave While Under Arrest

It is crucial to remain calm and cooperative during an arrest. Any resistance or hostility towards law enforcement can escalate the situation and potentially result in additional charges. You have the right to ask why you are being arrested, but it is important to refrain from arguing or attempting to flee. Additionally, do not consent to any searches without a warrant or probable cause as this can also lead to further legal complications.

Understanding Indiana’s Drug Possession Laws

Indiana has strict laws regarding drug possession. Depending on the type and quantity of drugs involved, drug possession can result in severe penalties, including imprisonment and fines. The state categorizes controlled substances into five schedules based on their potential for abuse and medical value. Schedule I drugs, such as heroin and LSD, carry the most severe penalties, while Schedule V substances have less strict sentencing. It is essential to consult with a criminal defense lawyer who is well-versed in Indiana’s drug laws to understand the potential consequences you may face.

What to Do If You’re Arrested

The first thing you should do if you’re arrested for drug possession is to remain calm and cooperate with law enforcement. It may be a stressful and overwhelming situation, but it is crucial to remember not to resist arrest or become combative with the authorities. Once you are in police custody, exercise your right to remain silent and do not answer any questions without legal representation.

The Importance of Hiring a Criminal Defense Lawyer

One of the most critical steps you can take after being arrested for drug possession in Indiana is to hire a criminal defense lawyer. A skilled and experienced criminal defense attorney will be able to review your case, build a solid defense strategy, and fight for the best possible outcome on your behalf. They will also ensure that your constitutional rights are protected throughout the legal process. It is not advisable to face drug possession charges alone, as the consequences can be severe without proper legal representation.

Final Thoughts

Being arrested for drug possession in Indiana is a serious matter that requires careful navigation. Knowing your rights, understanding state laws, and seeking the assistance of a criminal defense lawyer are crucial steps you must take to protect yourself and your future. Remember always to remain calm, exercise your right to remain silent, and seek legal representation as soon as possible. With the right knowledge and actions, you can overcome this challenging situation and move forward with your life. So, if find yourself in such a predicament, do not hesitate to reach out for help – it may make all the difference.

If you are facing criminal charges for drugs, it’s essential that you seek the advice of a qualified lawyer as soon as possible. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned drug defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

The Penalties for Prescription Drug Criminal Charges in Indiana

Posted on April 7, 2023 by admin

If you’ve been charged with a prescription drug crime in Indiana, it’s important to understand the possible penalties that come with a conviction. Depending on the degree of your offense and other factors, you could be facing serious consequences such as jail time and hefty fines. In order to protect yourself from the worst-case scenario, it is essential to become familiar with Indiana’s laws surrounding narcotics charges and contact an experienced Indianapolis drug crime lawyer who can help build your defense.

In this blog post, we will break down the various types of prescription drug crimes in Indiana and their associated punishments so that you can make informed decisions about how best proceed if you are charged with a narcotic-related offense. We will also provide tips for choosing an experienced drug charge attorney who can fight on your behalf in court and secure favorable outcomes for your case.

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Types of Prescription Drugs and Criminal Charges

A variety of man-made drugs are commonly trafficked and abused on the black market, primarily tranquilizers, benzodiazepines, opioid painkillers, and stimulants. In more recent years, illegally made fentanyl has become increasingly popular among drug dealers due to its high potency and low manufacturing costs. The dangers posed by opioids, benzos, prescription stimulants, depressants, and fentanyl cannot be underestimated. Many users who purchase these substances from drug dealers can unknowingly become addicted or experience serious side-effects. This is why regulatory measures continue to be taken to curtail illegal sales of controlled pharmaceuticals through dealers.

The most common types of prescription drug crimes in Indiana are possession, manufacturing, distribution, and trafficking. Depending on the number and type of drugs involved, your charge could range from a misdemeanor to a felony offense. The punishment for each crime varies as follows:

Possession: Possession of narcotics without proper authorization is illegal and can lead to misdemeanor or felony charges depending on the amount and type of drug. Punishment typically includes jail time ranging from one year or more, along with fines up to $10,000.

Manufacturing: Manufacturing controlled substances in Indiana carries punishments of up to 10 years in prison and fines up to $100,000 if convicted.

Distribution: Distributing narcotics without a prescription carries the same penalties as manufacturing, but with increased fines up to $150,000.

Trafficking: Trafficking narcotics across state lines is considered a federal offense and carries the harshest punishments of all including up to 20 years in prison and fines of up to $1 million.

Are You Facing a Prescription Drug Charge?

No matter what type of drug crime you’ve been charged with in Indiana, it’s important that you seek legal help from an experienced drug crime lawyer in Indianapolis who can provide personalized guidance for your situation. A criminal attorney can review the facts of your case and determine if there are any potential defenses that can help reduce or dismiss your charges. They will also be able to advise you on the best course of action to take in order to secure the most favorable outcome for you.

Were you just arrested for a drug crime related to prescription pills or medications? If you’ve been charged with a prescription drug crime in Indiana, contact David E. Lewis, Attorney at Law, at 317-636-7514 today for knowledgeable and experienced legal representation. Our Indianapolis drug crime attorneys will provide you with personalized advice and develop an effective defense strategy that protects your rights and preserve your freedoms. Act now before it’s too late!

Where to Get Information About Indiana Drug Schedules and Categories

Posted on August 26, 2022 by admin

Although every drug is categorized in a schedule, Indiana Code allows the Indiana State Board of Pharmacy to suggest modifications and deletions to the state legislature at any time. If you are facing drug crime charges in the Hoosier state, it is important to educate yourself on these schedules so that you are well-prepared for your initial hearing and the court appearances that follow.

Continue below to learn where you can get information about Indiana drug schedules and categorization that is pertinent to your criminal case.

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Indiana’s Classification of Drugs

In Indiana, a classification system is used to categorize and define all drugs and controlled substances according to their abuse potential and addictive nature. These classifications are called “schedules” and were developed by Federal government and Indiana legislature. They range in number, from 1 to 5, and can also be influenced by other factors, including the level of acceptance for medical treatment, physical dependence, and psychological dependence.

Indiana Drug Schedule 1 Through 5

Schedule 5 (V) drugs are considered to be the least dangerous and addictive, with the lowest risk of dependency (addiction). Examples include non-narcotics such as Tylenol, Codeine, and similar OTC drugs.

Schedule 4 (IV) drugs are considered to have a slight risk of physical or psychological dependency, but a wide range of medically accepted uses. Examples include tranquilizers, clonazepam, diazepam, loprazolam, alprazolam, midazolam, carisoprodol, methohexital, and modafinil, clorazepate, triazolam, temazepam, and similar benzodiazepines.

Schedule 3 (III) drugs are considered to be any drug that has a moderate risk of abuse, but less dangerous than Schedule one and two drugs. Examples include testosterone, anabolic steroids, ketamine, codeine, chlorphentermine, nalorphineand Buprenorphine (Suboxone), phendimetrazine, and benzphetamine.

Schedule 2 (II) drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. Examples include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, hydromorphone, oxymorphone, methadone, pethidine, amobarbital, glutethimide, pentobarbital, and phenmetrazine.

Schedule 1 (I) drugs are considered to be the most dangerous and have the highest abuse potential. Examples include heroin, mescaline, peyote, benzylpiperazine, psilocybin, methaqualone, MDMA (Ecstasy), LSD (Lysergic Acid Diethylamide), and tetrahydrocannabinols (THC). Yes, that’s right; marijuana is a Schedule one drug in Indiana, so the potential penalties will be high if these are the charges you face. Be sure you have a skilled lawyer working your defense.

To learn everything that you need to know about your current drug charges and how they relate to Indiana’s drug schedule, contact an experienced criminal defense law firm in Indianapolis. Call the Law Office of David E. Lewis at 317-636-7514 to speak with an aggressive and experienced drug charge lawyer in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

How are Drugs Categorized in Indiana?

Posted on November 16, 2021 by admin

In Indiana, a classification system categorizes all illicit drugs and controlled substances according to their risk or potential of abuse and addiction. Drug classifications, referred to as schedules, are numbered on a scale from 1 to 5 and can be influenced by several factors, including the level of tolerance for medical treatment, physical dependency, and psychological dependency.

Although drug schedules are developed and regulated by the Federal government and Indiana legislature, the Indiana State Board of Pharmacy is legally permitted to suggest modifications, additions, and omissions to the state legislature at any time. So, while marijuana may be a Schedule I drug now, by next year it could change without warning.

Continue below to learn about schedule 1 through schedule 5 drugs, including possible sentences for such drug convictions in Indiana.

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State Drug Schedules and Examples

Schedule 5 Drugs

A drug is a Schedule 5 substance if it has lower abuse potential than a Schedule 4 drug, is medically accepted, and is less likely to cause physical or psychological dependency than a Schedule 4 drug. This includes non-narcotics such as Tylenol, Codeine, and similar OTC drugs.

Schedule 4 Drugs

A drug is a Schedule 4 substance if it has lower abuse potential than a Schedule 3 drug, is medically accepted, and causes limited physical or psychological dependency than that of a Schedule 3 drug. This includes drugs like tranquilizers, clonazepam, diazepam, and similar benzodiazepines.

Schedule 3 Drugs

Schedule three drugs are considered to be any drug that has a moderate risk of abuse, but less dangerous than Schedule one and two drugs. This includes drugs like testosterone, anabolic steroids, ketamine, codeine, and Buprenorphine (Suboxone).

Schedule 2 Drugs

Schedule two drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, methamphetamines, amphetamines, hydrocodone, morphine, oxycodone, and methadone.

Schedule 1 Drugs

Schedule one drugs are considered to be the most dangerous and have the highest abuse potential. They have a high potential for physical and psychological dependency, with no legitimate medical purposes or uses. Drugs like this include heroin, mescaline, peyote, tetrahydrocannabinols (THC), MDMA (Ecstasy), and LSD (lysergic acid diethylamide).

What to Expect From a Drug Conviction in Indiana

The level of punishment for drug crimes largely depends on two factors: the type of illegal substance and the quantity of it. Such penalties range in severity, from minor fines and short-term probation to first degree felonies and mandatory jail time. Habitual violations for the same offense or drug, as well as various other factors, will also impact the severity of a person’s drug-related sentence.

Are you currently facing drug charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for intelligent and skilled drug crime attorney in Indianapolis, Indiana. We represent adults and juveniles in drug possession, drug trafficking, and drug manufacturing cases.

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Are Synthetic Drugs Illegal?

Posted on July 19, 2016 by admin

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Synthetic drugs are artificial versions of well-known illegal street drugs like marijuana, cocaine, and heroin. They have gained a substantial amount of popularity over the years because they give similar highs at a lower cost. From marijuana knock-offs like Spice and K2, to synthetic versions of opiates like cocaine and heroin, artificial drugs come in a variety of forms, and are consumed by kids, teens, and adults alike. But are synthetic drugs legal? Many people are under the impression that artificial drugs are legal since they are “fake.” But these people are misinformed.

Continue reading to learn the basics surrounding the legalities of synthetic drugs so that you are better protected and prepared
for the consequences of possession and use.

Illegal in Indiana

Synthetic drugs are illegal in Indiana, as well as, most states across the country. And the laws surrounding the prosecution for possession, consumption, and distribution are highly-complex. In fact, there have been a couple recent cases where the Indiana Court of Appeals said the synthetic drug laws are unconstitutional because they are too vague and complex for a regular person to understand.

Regardless if artificial or not, in order for a person to be convicted of drug possession or trafficking, the prosecution must prove that the defendant knew the drug was an illegal substance. But this also presumes that if a substance is listed in the state’s statutes, a person should know it’s illegal. For this reason, it is complicated for the state to prosecute someone, so it is ultimately at the discretion of the Indiana Supreme Court to decide the validity of synthetic drug laws.

Although these complexities exist, it does not mean you are safe from conviction. You can still be convicted for a synthetic drug charge in Indiana. This is why it is critical to your future and your freedom to retain the services of a skilled criminal defense attorney that can challenge and scrutinize the prosecution in your synthetic drug charge case.

Indiana Criminal Defense

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive and experienced drug crimes lawyer in Indianapolis, Indiana. When you are facing drug charges in Indiana, you need a skilled criminal lawyer that will fight for your rights in order to preserve your freedoms. He is that criminal defense lawyer in Indiana you can trust when you are charged with drug possession in Indianapolis and its surrounding counties. Call 317-636-7514 for schedule a free initial consultation to discuss the best strategies for defense, today.

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