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A drug arrest can put your job, your license, your housing, and your freedom on the line all at once, and Indiana treats most drug offenses more seriously than people expect. Drug charges cover a wide range of offenses under Indiana law, from possessing marijuana or a prescription pill without a valid prescription, to possessing cocaine, methamphetamine, heroin, or fentanyl, to dealing and trafficking cases that can carry years in prison.
Indiana grades most drug offenses by three things, the type of drug, the amount involved, and whether the state claims you possessed it or intended to sell it. Possession of marijuana is generally a Class B misdemeanor, carrying up to 180 days in jail, but it can become a Level 6 felony when the amount is 30 grams or more and the person has a prior drug conviction. Possessing cocaine, methamphetamine, or a narcotic drug like heroin, fentanyl, or oxycodone without a valid prescription starts as a Level 6 felony for less than 5 grams and climbs to a Level 3 felony at 28 grams or more. Dealing charges start higher, at a Level 5 felony, and can reach a Level 2 felony, which carries 10 to 30 years in prison. Prosecutors can also raise a charge by a level based on enhancing circumstances, like a prior dealing conviction, a weapon, or dealing near a school or park while children are likely to be present. When a drug sale is tied to an overdose death, Indiana can charge dealing resulting in death as a Level 1 felony.
What police found is only part of the story. Many drug cases turn on how the evidence was found, including whether the traffic stop or search was legal, whether officers had a valid warrant or real consent, whether the drugs were actually yours or were simply near you in a shared car or home, and whether the lab testing and weight measurements hold up. Not every case needs to end in a conviction either. Depending on the charge and your record, options like conditional discharge for a first possession offense, pretrial diversion, or a problem-solving drug court can lead to a dismissal, and Indiana’s expungement law can seal many drug records down the road.
At RileyCate, we handle the full range of drug cases, including drug possession, drug dealing, drug trafficking, prescription drug charges, possession of paraphernalia, and cases that move into federal court. We look hard at the search, the evidence, and the lab work before anyone talks about a plea, because the strongest defense in a drug case is often built in the first few weeks. We’ve built dedicated pages for drug possession, drug dealing, and drug trafficking, since each charge carries its own rules, penalties, and defenses.
Drug cases are often won or lost on whether the evidence can be used at all, which takes attorneys who know how to challenge a search and are ready to try the case if the state won’t back down. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike. Both have argued before the Indiana Court of Appeals and the Indiana Supreme Court, which matters in drug cases where a search ruling may need to be challenged on appeal.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you or a loved one has been charged with a drug offense, the decisions made in the first days after an arrest can shape everything that follows. We offer a consultation to review the charges, look at how the evidence was gathered, and explain your options. Reach out to RileyCate today to speak with a drug charges attorney.
