Understanding Drug Trafficking Charges in Indianapolis
The Indianapolis police arrested you for drug trafficking. You’re terrified, and for good reason. Indiana’s drug laws are strict with severe penalties. But drug trafficking charges are an allegation. The state must prove the trafficking charge beyond a reasonable doubt. Is a case dismissal possible? Yes, when the prosecutor doesn’t meet their burden of proof.
Let’s review what Indianapolis drug trafficking charges entail and how a skilled attorney may help get your case dismissed.
What Are Indiana Drug Trafficking Charges?
Indiana Code 35-48-4-1 states that drug trafficking charges involve the manufacture, delivery, or financing of controlled substances. The severity of the controlled substances trafficking charge is based on the type and amount of illegal drugs. Penalties for drug trafficking rise with larger quantities. You face longer prison time for specific drug types, including cocaine, fentanyl, and methamphetamine.
For instance, drug trafficking 10+ grams of a Schedule I or II drug (cocaine, heroin) is a Level 2 felony. You can go to prison for 10-30 years. The fine is up to $10,000. Certain drug trafficking offenses involving large quantities or repeat offenders can trigger a mandatory minimum sentence.
Legal Grounds to Seek Dismissal of Charges
A drug trafficking conviction can lead to 10 years or more in prison, plus fines, and a permanent criminal record. A skilled attorney will always seek legal grounds for dismissing charges.
Your drug trafficking attorney knows the prosecutor must prove your guilt beyond a reasonable doubt. The prosecution will try to prove intent to distribute. Prosecutors may rely on circumstantial evidence, such as packaging, scales, or large quantities. A skilled controlled substances defense attorney will hunt for legal strategies to dismiss the charges. How?
Drug charges may be dismissed if the police illegally conducted the stop or arrest. This usually means detaining you without probable cause. Other reasons to seek a case dismissal include:
- Incriminating evidence obtained through illegal searches or without a warrant might be suppressed.
- Chain of custody problems or laboratory testing errors can destroy the prosecution’s case.
- The police may entrap you. This is illegal and a cause for dismissal.
- Insufficient evidence tying you to the controlled substances may require a case dismissal.
A skilled drug charges attorney will review your case in a free consultation. They will search for weaknesses in the prosecution’s case.
Defense Strategies That Can Lead to Dismissal
Dismissing a drug-dealing case requires an experienced criminal defense attorney. They will look for flaws in the prosecution’s case. Common defense strategies that might force a case dismissal are:
Illegal Search and Seizure
Suppose the police stopped your vehicle without a valid reason. Then, they searched your vehicle without probable cause. This action may be an illegal search and seizure. If the prosecutor’s case hinges on evidence obtained illegally, the case could be dismissed.
Your legal representation may file a motion to suppress evidence by arguing that the police violated your constitutional rights. The judge may exclude evidence if you are charged with drug trafficking because the search lacked probable cause or a valid search warrant.
Insufficient Drug Trafficking Evidence
The state prosecutor must prove guilt beyond a reasonable doubt that you’re guilty of drug possession with intent to distribute. With weak evidence, such as insufficient drug weight or proof of intent, your drug trafficking lawyer may get the charge dismissed.
Your drug possession attorney may challenge evidence by questioning the chain of custody or lab accuracy. For cocaine, is the seized quantity above 10 grams? Did the police arrest you with scales, ledgers, and other items used for drug trafficking? If not, the prosecutor’s case could collapse.
Lack of Intent
The prosecution must prove intent to distribute, not only drug possession. Can you show that you didn’t know about the drugs involved? Or, did you lack the intent to sell drugs? Then, the drug trafficking charges may fall apart.
Your drug trafficking lawyer may show evidence suggesting you lacked the intent to traffic drugs. For example, you didn’t possess scales, cash, or baggies. Another option: Constructive possession does not apply because you lacked exclusive control over where police found the drugs. For example, the police found 15 grams of cocaine stuffed in the rear seat cushion where a passenger sat. Indiana case law, such as Solana v. State, supports that exclusive control is required to suggest intent in a constructive possession case.
Entrapment
Entrapment may apply if the police encourage you to commit an offense you would not have committed. An entrapment defense requires proving that the police enticed you and that you did not have a predisposition to sell drugs. For example, you don’t have a prior drug conviction or lack a criminal record.
Police or Prosecutor Mistakes
Police and prosecutors make mistakes in drug trafficking cases. They may mishandle evidence, fail to disclose exculpatory evidence, or violate your right to a fair trial. These errors can lead to a case dismissal. For example, a case dismissal is possible if the prosecutor does not prosecute your case within Indiana’s statute of limitations.
Your drug trafficking lawyer may file a motion to dismiss for procedural mistakes, such as lost evidence or prosecutor misconduct. The prosecutor could fail to produce vital laboratory results confirming the illegal substances. Your attorney may move for a dismissal.
Plea Deals or Diversion Programs
Diversion programs and plea deals aren’t a case dismissal. However, either can lead to charges being reduced or dropped. Indiana has diversion programs for first-time offenders, where completing drug treatment programs or probation avoids a drug conviction.
The Role of an Indianapolis Drug Crimes Attorney
Your Indianapolis drug trafficking lawyer will provide critical support to your case. They will leverage their vast knowledge of Indiana drug laws and effective criminal defense to safeguard your rights. Your drug trafficking lawyer will always strive for the best possible outcome, including a dismissal. Critical duties of drug trafficking lawyers include:
Free Case Evaluation and Evidence Analysis
Your drug trafficking attorneys will review the case details, including police reports, physical evidence, and witness statements. They’ll determine if the police followed procedure during the arrest and search. For instance, if the drugs were obtained illegally, your attorney may file a motion to suppress evidence.
Construct a Robust Defense
Indiana drug trafficking charges involve drug type and quantity, criminal history, and aggravating factors (like being arrested within 500 feet of a school). Your drug possession lawyer can craft a unique defense – entrapment, lack of constructive possession, lack of intent, or faulty evidence.
A skilled drug charges attorney at Gemma & Karimi will help you understand the drug trafficking charge and provide a vigorous defense.
Navigate State and Federal Laws
Your drug trafficking may be prosecuted under state or federal law. Federal charges carry harsher punishments. A skilled Indianapolis attorney understands state and federal charges. They can anticipate how your drug case may be prosecuted, especially if it goes to federal court.
Negotiate a Plea Deal or Diversion Program
Strong prosecutorial evidence may convict you. Your criminal defense attorney may negotiate with prosecutors to reduce the charges, such as drug trafficking to drug possession. Or, the attorney may pursue probation, drug treatment, or the Indiana drug court for a non-violent offender. These legal strategies may help reduce jail time and the consequences of drug convictions.
Challenge Enhanced Penalties
Drug trafficking within 1,000 feet of a park, school, or housing complex can increase charges. Your drug trafficking lawyer may challenge enhanced penalties by questioning intent or proximity.
Safeguard Your Rights
Your defense attorney will protect your rights from the beginning. They’ll ensure you don’t accidentally damage your case by talking to law enforcement without a lawyer. Your attorney will represent you when questioned, during arraignment, and in court hearings. Your attorney will always protect your constitutional rights. That’s why it’s critical to retain a reputable attorney upon arrest.
Avoid Severe Penalties and Collateral Consequences
An Indiana drug trafficking conviction can trigger a 40-year prison sentence for a Level 2 felony. Maximum fines are $10,000 per offense. A permanent criminal record can significantly impact your employment, housing, and civil rights. Your Indianapolis drug trafficking lawyers will battle to reduce these effects.
Leverage Legal Experience and Local Knowledge
An experienced drug trafficking attorney, such as Gemma & Karimi, brings decades of experience and familiarity with Marion County courts and prosecutors. Their insights mean a practical, tailored defense strategy for your case.
Your Gemma & Karimi defense attorney may negotiate with the prosecutor for a dismissal or charge reduction. Effective legal representation can make the difference between a devastating felony conviction and a case dismissal.
Diversion, Deferral, and First-Time Offender Options
Indiana diversion, deferral, and first-time offender options can redirect you from traditional prosecution, possibly avoiding a criminal conviction. Diversion programs can be critical for a non-violent, first-time offender. However, a drug trafficking charge is serious, so this option may be limited.
Pre-Trial Diversion
Indiana pre-trial diversion programs may allow you to avoid conviction by completing drug testing, counseling, or community service. Your charge might be dismissed upon completion of a pre-trial diversion program. However, eligibility is restricted for drug trafficking charges.
Drug trafficking charges are Level 2 to Level 6 felony offenses. Diversion is seldom offered for drug trafficking crimes. State prosecutors have discretion over eligibility. Most won’t offer diversion programs unless you have no criminal record, a minimal quantity, and influential mitigating factors, such as participating in a drug treatment program.
Deferral
Deferral programs involve agreeing with the court, not the prosecutor. You would plead guilty or liable, and the court would withhold judgment for a period. If you comply with all conditions, the case will be dismissed. Drug trafficking charges are rarely eligible, however. Some county courts may consider deferral for a Level 5 or 6 felony; however, trafficking is typically excluded. An exception may be if your case is downgraded to a drug possession charge.
First Time Offenders
Indiana first-time offenders may receive leniency, especially for a non-violent crime. The court might offer a reduced sentence, probation, or alternative sentencing options if you don’t have a criminal record. Marion County provides deferral programs for certain non-violent offenders with substance abuse problems.
Why Acting Early Can Improve Your Chances
Retaining a Gemma & Karimi criminal defense lawyer early can enhance the odds of a case dismissal:
Early Evidence Analysis
Your attorney can review the prosecutor’s evidence when you’re arrested. They’ll search for inconsistencies, weaknesses, and procedural violations that may lead to dismissal.
Preserving Vital Evidence
Early attorney involvement allows them to obtain exculpatory evidence like witness statements, surveillance footage, or telephone records before they are destroyed or lost.
Pre-Trial Challenges
A skilled criminal defense attorney can file a motion to dismiss your charge before trial. They may argue entrapment, insufficient evidence, or constitutional violations.
Prosecutor Negotiations
The prosecutor may consider dismissing or reducing the charge early in the case, before they spend extensive resources. Your lawyer can fight for a plea deal or alternative sentencing. The earlier, the better.
Avoiding Self-Incrimination
Without an attorney, you may make an incriminating statement to the police. Your experienced attorney will ensure you use your right to remain silent during interrogations.
Summary
Experience shows that early legal representation often produces better outcomes in drug trafficking cases. Skilled attorneys may negotiate before charges escalate. Gemma & Karimi can help. We’re former prosecutors and experienced criminal defense attorneys. We know how the criminal justice system thinks. We are familiar with the prosecutors, judges, and courts. Our clients have 24/7 access to our criminal defense attorneys. You will never be facing drug trafficking charges alone. Contact us for premier legal representation for drug offenses at (317) 602-5970.
