Fishers Drug Crime Lawyer

Fishers Drug Crime Defense With Former Prosecutors at the Helm

A drug arrest can turn on details that are easy to overlook. 

The type and amount of drug matter, but so do the circumstances of the stop, the search, and the State’s proof that you knew the drug was there. The charge filed at the start of a case can also shape what happens next.

Blankenship Law, LLC represents people facing drug charges in Fishers from its Carmel office at 11405 N. Pennsylvania St., Suite 115. Eric Blankenship spent 17 years working in prosecutors’ offices before opening the firm, and Kevin Kelly previously served as a Marion County Deputy Prosecutor. The firm has obtained dismissals, diversion, and a conditional discharge in drug-related cases in LaPorte, Porter, and Huntington counties.

Send us the arrest paperwork through a consultation. We can review the charge, identify issues worth challenging, and explain the options available from there.

How Former Prosecutors Approach Fishers Drug Charges

Eric Blankenship has been licensed in Indiana since 2002. He started as a Deputy Prosecutor in Hamilton County in the case-screening department before moving into the Superior Courts and major felony courts. 

He later joined Marion County’s Major Felony Division, became a supervisor, and served as Chief Deputy Prosecuting Attorney in Blackford County.

Kevin Kelly also worked as a Marion County Deputy Prosecutor and has built his career as a criminal trial attorney.

That background gives the defense team experience with how prosecutors evaluate a case before it reaches trial.

 In a Fishers drug prosecution, the State may need to establish that the substance was illegal, that police lawfully obtained the evidence, and that the accused person knew about and controlled the drug. 

We examine each part of that proof rather than treating the charge itself as the end of the analysis.

Drug Charges We Defend in Fishers

Drug cases can range from a first-time misdemeanor to a felony accusation involving alleged dealing. 

Blankenship Law, LLC handles a range of charges, including:

• Controlled substance possession: Cases involving prescription pills, cocaine, heroin, and other substances police allege a person possessed.
• Marijuana possession: Marijuana charges can still create a criminal record. See our marijuana defense page for more information.
• Methamphetamine and syringe charges: Certain possession allegations involving methamphetamine or syringes can be filed as Level 6 felonies.
• Possession with intent to deal and dealing: These charges require more than proof that someone possessed a drug. The State must establish the elements supporting an allegation of dealing or intended dealing.
• Prescription drug offenses: These may involve possessing medication that was prescribed to someone else or allegations involving a false prescription.
• Drug charges connected to traffic stops or OWI cases: A traffic stop can lead to both driving and drug-related allegations. Our Fishers OWI page addresses the driving-related side of these cases.

For other criminal allegations, visit our Fishers criminal defense page.

The Consequences of a Fishers Drug Conviction

The consequences of a drug conviction can extend beyond a sentence imposed by the court. A conviction may appear on background checks, affect employment opportunities, raise questions about a professional license, or create problems when applying for housing.

Indiana’s Level 6 felony is the state’s lowest felony level. Under Indiana Code 35-50-2-7, it carries 6 months to 2.5 years of incarceration and a fine of up to $10,000. Probation can also involve requirements such as drug testing, treatment, and fees.

The same statute permits a judge to enter a Class A misdemeanor instead of a Level 6 felony in qualifying circumstances. Whether that option is available depends on the charge and the facts of the case. Addressing those issues early can affect the choices available to the defense.

When Indiana Treats Drug Possession as a Misdemeanor or Felony?

Indiana law does not treat every controlled substance possession charge the same way.

Possessing a Schedule I, II, III, or IV controlled substance without a prescription is a Class A misdemeanor under Indiana Code 35-48-4-7. 

Marijuana has its own law. A Class A misdemeanor can carry up to one year in jail. An enhancing circumstance, such as possession of a firearm, can elevate the offense to a Level 6 felony.

Cocaine, narcotics, and methamphetamine are addressed under separate possession statutes that begin at the Level 6 felony level, with the severity increasing based on the amount involved. Dealing offenses also vary according to the drug and its weight.

That makes the underlying evidence important. The laboratory results, reported weight, and precise substance identified in the charging documents can all affect how the case is evaluated.

The Evidence We Examine in a Fishers Drug Case

A drug charge is based on evidence collected by police and presented by the State. We review how that evidence was obtained and whether it actually establishes the elements of the offense.

Key areas include:

• The traffic stop or detention: Police need a lawful basis to stop a vehicle or detain a person. An unlawful stop can affect whether evidence discovered afterward may be used.
• The search: We examine whether police had a warrant, consent, or another recognized exception to the warrant requirement. When the search was unlawful, the defense may ask the court to suppress the evidence.
• Knowledge and possession: The State must establish that the accused person knew about the drug and exercised control over it. That issue can become significant when drugs are found in a shared vehicle or residence.
• Laboratory testing and chain of custody: We examine test results and the records showing how the evidence was collected, handled, and stored.
• Diversion and treatment options: A person’s record, treatment efforts, and other circumstances may affect whether a prosecutor considers diversion or another resolution.

Factors That Can Affect the Outcome

No two drug cases present exactly the same combination of facts. The issues that can influence the direction of a case include:

• The substance and amount involved: The drug and its weight can affect the level and type of charge.
• The circumstances of the search: A lawful search may strengthen the State’s evidence, while an unlawful search may create grounds for suppression.
• Prior criminal history: A person with no prior record may have different options from someone with previous convictions.
• Actions taken before resolution: Counseling, treatment, and steady employment may provide information for prosecutors to consider during negotiations. A prior conviction may also eventually be eligible for expungement, depending on the circumstances.

What to Expect From Our Fishers Drug Defense Process?

The defense begins with understanding exactly what police and prosecutors have alleged. From there, the case can develop through several stages:

1. Initial consultation: We offer a free phone consultation and ask for available arrest paperwork, laboratory reports, and video from the stop.
2. Evidence review: We obtain the State’s evidence and compare it with the reports prepared by Fishers officers.
3. Suppression issues: When the facts indicate that a stop or search may have violated the law, we can pursue a motion asking the court to exclude the resulting evidence.
4. Early discussions with prosecutors: We communicate with the Hamilton County prosecutor’s office regarding potential dismissal, diversion, or reduction when the circumstances support those options.
5. Trial preparation: Every case is prepared with trial in mind. Eric Blankenship has tried more than 100 jury trials, giving the defense team experience evaluating the risks and strengths of taking a case before a jury.

Results in Drug-Related Criminal Cases

The firm’s reported results include cases involving both felony and misdemeanor allegations. Past results do not guarantee a particular outcome in another case.

Fishers Drug Crime Questions

What happens after a drug arrest in Fishers?

After an arrest, police book the person and the prosecutor determines which charges to file. The case then moves toward an initial court appearance, where the judge can address conditions and other preliminary matters. A lawyer can become involved before that hearing and begin reviewing the evidence.

Which court hears a felony drug case from Fishers?

Felony drug cases from Fishers are handled by the Hamilton County Circuit and Superior Courts in Noblesville.

Can a first-time drug charge be dismissed or diverted?

It may be possible in some cases. One reported Huntington County client with no prior record received a conditional discharge after being charged with marijuana possession following a traffic stop. No conviction was entered.

The availability of diversion or another alternative depends on the charge, the person’s history, the evidence, and the prosecutor’s position.

Can a Level 6 drug felony be reduced to a misdemeanor?

A Level 6 felony may be reduced in some circumstances. Indiana law also allows a judge to enter a Class A misdemeanor in place of a Level 6 felony when the statutory requirements are met. Negotiated resolutions can provide another path to a lower charge.

In one reported case, a client avoided a felony conviction by pleading to a Class C misdemeanor and receiving 90 days of probation.

Can police search my car or home without a warrant?

A warrant is not required for every search. Police may rely on consent or a recognized exception to the warrant requirement, among other circumstances. When the facts do not support a lawful search, the defense can ask the court to suppress the evidence.

What if the drugs belonged to someone else?

The State still has to prove the elements required for possession, including the person’s knowledge and control of the drug when those elements apply. That can become an important issue when police find drugs in a shared residence or vehicle.

In one reported Porter County case, another person kept drugs and paraphernalia in the client’s home. The State dismissed all charges after the defense established that the syringe did not belong to the client.

How much does drug defense cost, and what does the free phone consultation cover?

The cost depends on the charge, the evidence, and how far the case proceeds. During the free phone consultation, you can ask about fees and discuss the options that may apply to your case before deciding whether to retain the firm.

Talk With a Fishers Drug Crime Lawyer

The early stages of a drug case can affect what options remain available later. 

A review of the arrest paperwork, charging documents, laboratory evidence, and circumstances of the stop can reveal issues that are not apparent from the charge alone.

Former prosecutors Eric Blankenship and Kevin Kelly can review the allegations with you and explain where the State’s evidence may be vulnerable. Whether you are facing a first drug charge or a felony with a prior record, the next step is to understand the case before making decisions about it.

Fill out the contact form to arrange a free consultation with Blankenship Law, LLC.