Drug Crimes in Indianapolis: Know Your Rights and Legal Defenses
If you have been charged with a drug offense in Indianapolis, it is vital to remember that you have rights. Additionally, it is crucial to remember that you deserve a fair defense. Below, we discuss some of the rights you have as an individual facing drug charges in Indianapolis and some common defenses to drug charges.
Your Rights if You Are Facing Drug Charges
The following are some of the rights you have as an individual facing drug charges in Indianapolis;
#1: The Right To Be Free From Unlawful Search and Seizure
You have the right to be free from unreasonable or unlawful search and seizure. This right is guaranteed to you by the United States Constitition and the Constitution of the State of Indiana. Generally, the law requires police officers to present a warrant before proceeding to conduct a search and seizure. Unfortunately, there are numerous well established exceptions to this rule.
#2: The Right to Legal Counsel
You have the right to legal representation. If you are facing drug charges, one of the most crucial things you can do is to retain a skilled defense lawyer. And fortunately, if you cannot afford an attorney, the state is required to provide you with one at no cost.
#3: The Right To Remain Silent
Whether it is an investigation, or you are already facing drug charges, you do not have to talk to the police. You have the right to remain silent. This right is meant to help you avoid making self-incriminating statements.
#4: The Right to a Speedy Trial
Both the United States Constitution and the Indiana Constitution give you the right to a speedy trial. Generally, this guarantee means that you must be tried or released within a reasonable amount of time. You cannot be locked up indefinitely without being tried.
Common Defenses for Drug Charges
The defenses you use in your case will depend on the specifics of your case. A skilled drug crime lawyer can evaluate the specifics of your case and help you develop a strong defense strategy. That said, the following are some common defenses to drug crimes;
#1: The “It Wasn’t Mine” Defense
Most drug offenses require you to have had “actual” or “constructive” possession of the drugs at the of the alleged offense. If the drugs were not found on you (actual possession), your defense attorney could help you fight the prosecution’s attempt to pin the drugs on you. Proving constructive possession can be complicated.
#2: A Violation of Your Constitutional Rights
Arguing that the police violated your Constitutional rights is another common defense in drug cases. For instance, your defense lawyer can argue that your right to be free from unreasonable search and seizure was violated. A violation of your Constitutional rights may result in evidence being suppressed. This means the State cannot use the evidence against you at the trial.
#3: Entrapment
In Indianapolis, you could beat a drug charge if you successfully raise the defense of entrapment. Entrapment means that the police led you into committing the offense. An experienced defense attorney can advise you on whether the defense of entrapment is appropriate in your case.
#4: Technical Defenses
For example, your defense lawyer could argue that the substance in question is not a drug or an illegal substance.
Contact an Indianapolis Drug Crime Lawyer
If you are facing a drug charge, our skilled Indianapolis drug crime lawyer can help you understand your rights and fight to protect them. We can help you develop a solid defense strategy that can help you achieve a favorable outcome. Contact us today to discuss your case.
Source:
in.gov/isp/files/Warrantless-Searches.pdf
