An accusation does not establish guilt in a drug case. The State must prove that a person knowingly or intentionally possessed the substance, and the charge itself can turn on lab results, the amount alleged, and any prior convictions. A conviction can also follow a person into job and housing applications long after the sentence ends.
Indiana law treats marijuana, prescription medications, and substances such as cocaine or methamphetamine differently. The substance and the circumstances of the arrest can change both the charge and the penalties.
Blankenship Law, LLC represents people facing drug charges in Noblesville and throughout Hamilton County. Attorney Eric Blankenship began his career as a Hamilton County Deputy Prosecuting Attorney and later supervised felony courts elsewhere in Indiana, so we know what a prosecutor looks for in the evidence and where a drug case tends to be vulnerable.
Contact Blankenship Law, LLC to talk through the allegations, the evidence the State has so far, and what your next court date involves. Your first consultation is free.
A drug charge does not always end in a conviction for the original offense. Depending on the evidence and the defendant’s history, a case may end in diversion, a reduced charge, or dismissal.
Blankenship Law, LLC has represented clients on drug possession charges across Indiana. In LaPorte County, a client charged with possession of methamphetamine and possession of a syringe received diversion. Possession of a syringe and neglect charges filed against the same client in Porter County were dismissed by the State.
In another matter, a client charged with possession of a controlled substance and operating a vehicle with a Schedule I or II controlled substance pleaded guilty to a Class C misdemeanor and received 90 days of probation.
In Huntington County, a client charged with Class B misdemeanor marijuana possession received a conditional discharge.
Prior results do not guarantee a similar outcome.
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Indiana prosecutors can file anything from misdemeanor possession to felony dealing or manufacturing charges. The substance, the conduct alleged, and the evidence behind it decide which statute applies.
Blankenship Law, LLC handles cases involving:
The evidence differs from charge to charge. A possession case often turns on whether the accused knew about the substance and could control it. A dealing charge adds questions about intent, such as the quantity, the packaging, and any scales or cash found nearby.
Eric Blankenship has been licensed in Indiana since 2002. He began as a Hamilton County Deputy Prosecuting Attorney, supervised the Major Felony Division in Marion County, and then served as Chief Deputy Prosecuting Attorney in Blackford County. Across his prosecutor career he tried well over 100 court and jury trials, so he has seen how the State builds a drug case and what holds it together at trial.
Attorney Alec Baker spent six years as a prosecutor in Crawford, Vanderburgh, and Marion Counties, including major drug trafficking cases in Vanderburgh County. That work showed him how prosecutors weigh evidence and plea offers in serious drug cases.
With that background, we look closely at the points where drug cases tend to break down: whether the search was lawful, whether the lab testing is reliable, and whether the evidence supports the charge the State filed.
Penalties for drug possession in Indiana depend on the substance, the amount, and any prior convictions or enhancing circumstances. Those details often separate a misdemeanor from a felony.
Under Indiana Code § 35-48-4-7, possessing a controlled substance, such as a prescription medication, without a valid prescription is a Class A misdemeanor. It carries up to one year in jail and a fine of up to $5,000.
Certain enhancing circumstances raise the offense to a Level 6 felony. A Level 6 felony carries six months to two and a half years in prison, with an advisory sentence of one year, and a fine of up to $10,000.
The State must prove that the substance is a controlled substance and that the person knew about it and possessed it. Lab results are often how it tries to do that.
Indiana treats marijuana separately under Indiana Code § 35-48-4-11. A first possession charge is a Class B misdemeanor in most cases, with up to 180 days in jail and a fine of up to $1,000.
A prior drug conviction raises the charge to a Class A misdemeanor, which carries up to one year in jail and a fine of up to $5,000.
A prior drug conviction combined with at least 30 grams of marijuana, or at least 5 grams of hash oil, hashish, or salvia, makes the offense a Level 6 felony.
The amount alleged, the substance identified, and the defendant’s record decide which tier applies, so we check each against the lab report and the court records.
Possession of methamphetamine or cocaine starts as a Level 6 felony in Indiana, with no misdemeanor tier. At five grams or more, or when an enhancing circumstance applies, the charge can rise to a Level 5 felony or higher.
A felony conviction can affect employment, housing, and professional licensing long after the sentence ends.
We review whether the substance was properly identified, whether the weight is supported by reliable testing, and whether police obtained the evidence lawfully.
Which defenses apply depends on what happened before, during, and after the arrest. A police report gives the State’s account, and we test it against the underlying evidence.
Police need a warrant or a recognized exception to search a vehicle, a home, or a person. When an officer exceeds that authority, we can ask the court to suppress the evidence the search produced. Whether suppression is available depends on the facts of the stop and the search.
Drugs found in a shared vehicle or home do not by themselves prove that everyone there possessed them. Indiana allows a possession charge based on constructive possession, which requires the State to show the person knew about the drug and could control it. We look at who had access to the space and what ties the accused to the drugs.
Many drug cases depend on lab testing to identify the substance and establish its weight. We review the testing records, the chain of custody, and the lab’s documentation for problems that could affect whether the evidence is reliable or admissible.
Some defendants qualify for diversion or another resolution that avoids a conviction for the original charge. Eligibility depends on the charge, the person’s criminal history, the prosecutor’s policies, and the facts of the case. We can assess whether an option like this is realistic and explain what it would require before you decide.
Prosecutorial experience gives a defense attorney a working knowledge of how the State investigates drug cases, evaluates evidence, and approaches plea negotiations. It can shape which issues get investigated first, such as the search and the lab work. It does not guarantee a particular outcome.
Possession requires the State to prove that a person knowingly or intentionally had a controlled substance without legal authorization. Dealing requires proof of an additional act, such as manufacturing, delivering, or financing the delivery of the drug, or possessing it with intent to do so. Quantity, packaging, and other items found with the drugs often shape which charge prosecutors file.
The Hamilton County Prosecuting Attorney’s Office sometimes offers diversion for charges that include marijuana possession and possession of paraphernalia. The program is aimed at defendants with little or no criminal background. The deputy prosecutor assigned to the case decides eligibility case by case, so a first offense does not guarantee diversion.
Felony drug cases are filed in the Hamilton County Circuit Court or one of the Superior Courts in Noblesville. The specific courtroom depends on how the case is filed and assigned.
A drug conviction is part of the public record and can appear on a criminal background check, which can affect employment, housing, and professional licensing. A case that ends in dismissal or successful diversion does not result in a conviction, although records of the charge may remain available until they are expunged. Indiana’s expungement process has its own eligibility rules, and we can explain whether relief may be available in your case.
Yes. Prosecutors can pursue a constructive possession theory when drugs are found somewhere the accused did not physically hold, such as a shared car or home. The State must still prove that the person knew about the drugs and could control them, and being near them does not prove that on its own.
At the initial hearing, the court informs the defendant of the charge and their rights and addresses bail and whether the defendant has an attorney. The hearing is not where the facts are argued. Motions to challenge evidence and diversion discussions usually come afterward, so if you have a hearing date, speak with an attorney beforehand about what the court will ask of you.
Yes. We offer a free consultation to people facing drug charges, where we can go over the allegation, the evidence available, and the options for your defense before you decide how to proceed. You can schedule one through the firm’s contact page.
The lab report, the legality of the search, and any prior conviction can each change which charge the State can pursue and what penalties apply. Those points can be checked before you answer a plea offer or appear for a hearing.
We cannot promise a particular result. We can tell you what the State has to prove and where its case may be weak.
Have Blankenship Law, LLC review the charge, the police report, and the lab results. A Noblesville drug crime lawyer can explain what the evidence supports and which options are realistic. Reach us through the firm’s contact page.
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