What You Need To Know About Dealing Cocaine

Indiana has strict laws on the dealing cocaine. The penalties for this offense increase if you are caught dealing larger quantities of cocaine or if you have had prior drug charges or other enhancing circumstances apply. In Indiana, the offense involves knowingly or intentionally manufacturing, delivering, financing the manufacturing or delivery, or possession with intent to deliver cocaine. So if you are involved in any part of the dealing process from manufacturing, to financing, or to possessing with the intent to deliver, then you may be charged with the crime of dealing cocaine. An example of this would be being caught driving with a large quantity of cocaine, excessive cash on hand, and items such as scales or having the drugs packaged for distribution. You may be charged with dealing in this circumstance, even if the state did not observe actual distribution.

Indiana Code 35-48-4-1outlines the laws on dealing cocaine in Indiana. The chart below outlines what kind of penalties you may be facing based on the amount being dealt along with any enhancing circumstances which include:

What Penalties May I Be Facing

• Level 2 Felony: 10-30 years imprisonment with an advisory sentence of 17.5 years.

• Level 3 Felony: 3-16 years imprisonment with an advisory sentence of 9 years.

• Level 4 Felony: 2-12 years imprisonment with an advisory sentence of 6 years.

• Level 5 Felony: 1-6 years imprisonment with an advisory sentence of 3 years.

• Level 6 Felony: 6 months-2.5 years imprisonment with an advisory sentence of 1 year.

What To Do If You Have Been Charged

If you have been charged with dealing or possession of cocaine, you should not talk to the police or prosecutors without contacting an attorney first. Any statement you make can be used against you.

You should contact an attorney to discuss the alleged facts and see if there if the law was followed properly through the course of your arrest and that there was or was not probable cause to charge you with the alleged crime. For instance did an officer have a reason to stop your car? Did the officer have a reason to search your person or vehicle? Were the drugs yours or in your possession?

How Vining Legal can Help

There are several ways to approach a drug case and you will need to hire someone who can review the alleged facts and help build your case. Some of the things we may do in a marijuana case include:

• Suppressing Evidence — The US Constitution and the Indiana Constitution have provisions that protect individuals from unreasonable search and seizure. When we review your case we look to make sure all of the evidence being used against you has been lawfully obtained. For instance were the items found during an illegal search? In these instances we would file a motion to suppress to ensure illegally obtained evidence cannot be used against you.

• Challenging Witness Credibility — As the state built their case against you they interviewed witnesses or officers submitted reports about alleged criminal activity they witnessed. As a part of your case, and attorney may interview officers and witnesses to ensure their story matches up to the original reports and make sure they are credible witnesses or see if they have an accurate recollection of what they are alleging occurred.

• Negotiating a Plea Agreement — You attorney can negotiate a deal with the prosecutor to a lesser charge or a pretrial diversion program. They can also negotiate less jail time or probation, negotiate lower fees and less community service, or negotiate the ability for your felony charge to be reduced to a misdemeanor upon successful completion of the sentence.

• Demonstrating Reasonable Doubt — If your case goes to trial, the state has the burden of proving your guilt beyond a reasonable doubt. Your attorney can walk you through the elements of a marijuana charge and challenge the different elements to hold the state to its burden to prove that you acted in a certain way beyond a reasonable doubt. For instance in a marijuana charge you have not been in possession of the drug or the traffic stop may have not been proper.

• Advocating for a lenient sentence — If you are found guilty our plead guilty to an offense, your attorney can help find mitigating factors that the court should consider to help you obtain a lighter or more lenient sentence.

At Vining Legal, we have represented people facing cocaine charges throughout Indiana and would be able to work with you to help answer your questions and build your case. If you are facing any kind of marijuana charge, please call us today at (317) 759-3225 for a free consultation about your case.