Drug Possession vs. Drug Trafficking Charges in Indianapolis: What’s the Difference?

Did you know that the charges for Drug Possession vs. Drug Trafficking might be different?

In the event that a person is charged with a drug-related crime in Indianapolis, it becomes one of the most necessary things for such a person to be able to distinguish the drug possession and drug trafficking.

Indiana law defines both as serious violations but they are very different in their legal definitions, the kind of evidence required, and the penalties.

Knowing such differences will enable one to interpret the meaning of the indictments and to foresee the sanctions which might be imposed. Indianapolis, being the state capital, closely follows the state’s drug laws.

In case you are charged with a drug offense in Indianapolis, hiring an Indianapolis defense attorney specializing in drug crimes is usually the best course of action.

Such lawyers are great with the intricacies of the local and state laws. Additionally, they will be able to provide directions that are in line with your case!

Hi. In today’s blog, I will be talking about how charges for Drug Possession vs. Drug Trafficking differ. Furthermore, I will tell you how you can deal with them. So, if that is what you want to know, then you have come to the right place.

Therefore, keep on reading this blog till the end and thank me later…

What Are The Different Types Of Drug Crimes In Indianapolis?

Before talking about the difference between drug possession vs. drug trafficking, let me tell you something. There are different types of drug crimes that exist. And these include the following:

  • Sales and distribution.
  • Drug trafficking.
  • Possession of a controlled substance.
  • Possession with intent to distribute.
  • Prescription drug fraud and related crimes.
  • Possession and sales of marijuana.
  • Possession of drug paraphernalia.

Therefore, if you were found in possession of marijuana, cocaine, heroin, methamphetamines, LSD, opiates, prescription drugs, or any other substance, you still need a lawyer immediately.

Why Should You Know The Difference Between Drug Possession vs. Drug Trafficking?

There is a significant difference between possession and trafficking charges, which is not only a legal matter but also has the consequences in the real world.

A possession charge usually results in a shorter sentence and less money paid as a fine, while a trafficking charge can lead to a long time in prison and financial compensation of a large amount.

The requirements of the law for the prosecution and the possible consequences make drug possession and drug trafficking charges in Indianapolis different.

Simply put, possession refers to the use of drugs for personal consumption, while trafficking constitutes the intention to sell and distribute the drugs.

Both offenses are punishable with severe penalties, but trafficking is definitely considered much more serious under Indiana law.

If you have to handle these charges you must be clear on the legal terms and possible results.

In the case that you are falsely accused it is important to have someone who knows the law with you. A good lawyer will protect your rights and will save your future.

What Is Drug Possession in Indianapolis?

Drug possession is definitely an act of carrying illegal drugs on your body, in your car, or in a place you control, like your home.

Control of the substance is the most important thing, no matter if the intention was to sell the substance or not.

In Indianapolis, a possession charge is different depending on what kind of drug and how much of it it is.

If you have heroin, cocaine, or methamphetamine with you, then the case is more serious, and you are likely to receive a felony charge.

The severity of the crime scales up with a larger quantity and type of drug, and if the person has a previous record, the penalty will be stricter.

What Constitutes Drug Trafficking?

Drug trafficking involves the sale, distribution, or transportation of controlled substances. Unlike possession, trafficking charges do not require the individual to be caught actively selling drugs.

In Indianapolis and throughout Indiana, having the following things can be enough to support trafficking or dealing charges:

  • Large quantities of drugs.
  • Packaging materials.
  • Scales.
  • Large amounts of cash.

The law focuses on the intent to distribute, which can be inferred from the circumstances.

Trafficking charges carry much stiffer penalties than possession. Depending on the drug type and amount, trafficking can be charged as a felony ranging from Level 6 (least severe felony) to Level 2 (most severe felony). 

What Are The Key Differences Between Drug Possession VS. Drug Trafficking In Indianapolis?

In possession cases, the key evidence is simply having control or custody of the drugs. Trafficking cases require more, like large amounts of drugs, packaging materials, or cash that suggest distribution.

Possession charges can be either misdemeanors or felonies, depending on the type and amount of the drug.

In contrast, trafficking is always a felony and usually comes with longer prison sentences and higher fines. The law treats trafficking more seriously because of its broader impact.

Intent also separates the two charges. Possession does not require proof that the person planned to sell the drugs.

Trafficking, however, needs either direct proof or strong signs that the person intended to distribute the drugs.

Drug Possession VS. Drug Trafficking: What Are The Penalties For Drug Crimes?

As you have already understood, the Indiana law clearly states that drug possession and drug trafficking are two dissimilar offenses.

The police need probable cause to believe that you intended to sell, deliver, or manufacture the drugs in order to carry out a drug trafficking arrest.

You will be charged depending on what type and quantity of drugs were found in your possession.

Besides a fine of up to $10,000, the punishment for each class of drug crime comprises the following prison terms:

  • 1st Level: 20 to 40 years
  • 2nd Level: 10 to 30 years
  • 3rd Level: 3 to 16 years
  • 4th Level: 2 to 12 years
  • 5th Level: 1 to 6 years
  • 6th Level: Up to 2.5 years

I know, I know, the penalties for both drug possession and drug trafficking are pretty harsh here! Which is why it is best that you get in touch with a lawyer as soon as possible!

They are the ones who will be able to analyze your situation correctly. And by doing so, they will help you and will be able to find some loopholes in the law or completely remove cases.

And guess what? There are a number of defense strategies that you will be able to use with the help of a lawyer if you decide to hire one!

Do You Need A Lawyer For Drug Possession vs. Drug Trafficking Charges?

In case police arrest you for an alleged drug crime, you definitely will not have access to your phone.

Along with other objects that were in your possession at the time of the arrest, the police will also take your phone.

But after the arrest, the officers will let you use the phone at the precinct. However, you could find yourself waiting until the officer agrees that you may have your phone call, so do it patiently and without complaint.

The less you tell the police, the better it will be. Using your one phone call, call a drug crime defense attorney.

In Indiana, drug crimes are very serious, and they can send you to prison, impose heavy fines, and create a permanent criminal record. 

Instead of calling your attorney right before the court date, be sure that you defend your rights from the very beginning by calling your lawyer as soon as possible.

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