Possession of Methamphetamine in Indiana - How Do you Beat a Meth Charge?
Transcript:
In this video, I'm gonna be talking about what to do if you've been charged with possession of meth in Indiana. If you or a loved one have been charged with this offense, you may be wondering what you should be doing. This video should help answer that question. So about me, my name is Nathan Vining. I'm a criminal defense attorney in Indianapolis, and I represent people charged with felonies and misdemeanors throughout the state. By the end of this video, you should understand how the methamphetamine possession statute works and the penalties associated with it and know different ways you can challenge a meth case.
Overview of the Indiana Methamphetamine Statute
So the first thing we do is look at the statute. Indiana Code 35-48-4-6.1 outlines the law and possession of meth in Indiana. It essentially says that a person who knowingly or intentionally possesses methamphetamine commits the crime of possession of methamphetamine. And the penalties associated with possession of meth are different, depending on how much meth the person is possessing or is alleged to have possessed. So I've created this chart that aligns the different levels of possession. So Level 6 is less than five grams of meth, and it goes all the way up to Level 3, which is possession of 28 grams or more. And there's also the different enhancing circumstances. So there's different things that can be present that would allow the state to up-charge your case. So an example of this is having a prior conviction for dealing. That would be an enhanced circumstance. Another one would be possession of a firearm, committing the offense with children present, or committing the offense within 500 feet of a school. You can also see on the bottom of this, the different penalties, and it starts with Level 6, which is the lowest, which goes from six months to two and a half years, all the way up to a Level 3, which is three to 16 years with an advisory of nine. So the penalties associated with possession of meth can go from small or lower, with six months, all the way up to 16 years, so it can vary greatly. And it's important to address your case early, so you can have the best chance of a good outcome.
What to Do If you have Been Charged with Possession?
So now that you have an overview of the statute, what do you do if you've been charged with the possession of meth? It really comes down to three things. Any meth possession case comes down to whether or not the central elements are satisfied, which are identity, possession and intent. So with these elements in mind, there are typically four issues you see in a possession case. First, there are identity issues. The prosecutor has to show that you are the person who possessed the meth. In a lot of cases, unless the drugs are found on you, there's no direct evidence that you were the one in possession. What you need to look at when you're thinking about identity is where the drugs were found, and in looking at where they're found, can they be tied to an individual person. For instance, maybe the location and the purse ties them to you, but if it's an area where there could be doubts, such as a glove box that maybe ties it more to the owner of the car than you, that could show that maybe there's a lack of identity in your case, and that could be used to help contest your charge at trial or negotiate a lesser offense with the prosecutor.
The second thing you look at is possession issues. Were you in possession of the methamphetamine? You see possession and issues in cases where there were multiple people present and only one person charged. So in this kind of case, how did the officers know the drugs were yours, and not one of the other individuals? The third thing to look at is knowledge. The state must prove that you knew the drugs were there. You see this issue in cases where someone is driving a friend's car, and maybe they're unaware of drugs in a glove box or a trunk. Here, you lack actual knowledge, which is a required element of possession. And fourth, there could be search or seizure issues, which is where you look to see if there were any violations of your constitutional rights. This could be through a search without a warrant, or even an illegal stop in your car. And in these instances, if your rights have been violated, the evidence that the meth was found could be suppressed and kept out of your case.
Contact Vining Legal
So that was a quick overview of the methamphetamine possession statute of Indiana. It's really dependent on how much meth is in your possession, as well as whether or not there's enhancing circumstances present. And then we talked about how you can challenge the offense. And it really comes into challenging the essential factors of identity, possession or knowledge, or seeing if there's any constitutional violations that would cause the suppression of evidence. So again, my name is Nathan Vining. If you have questions or need help working through a possession case, give me a call or text me. I'd be happy to answer any questions you have.