Drug & Gun Offenses

If you have a criminal case involving drugs, this page may also be helpful:
Drug Terms Glossary

Drug crimes and convictions carry a wide variety of sentences based on the type of offense. Sentences range from fines and counseling to life in prison, depending on whether you are facing a felony vs. misdemeanor drug charge. The severity of the crime you are charged with will vary with the circumstances, such as what type of drug was involved, the quantity, whether you have "priors", and whether violence was involved. Even if you were using drugs recreationally, or even if you were holding them for someone else, you can be charged with intent to distribute based on the quantity the police found. Possible charges include trafficking, possession, distribution, transportation, possession for sale, cultivation and manufacturing. Usually the most serious drug offenses involve heroine, cocaine, methamphetamine, ecstasy, LSD and PCP. Nevertheless, crimes involving marijuana and prescription drugs are being prosecuted more aggressively than ever, and can result in stiff sentences.

Drug offenses are made more severe by the presence of guns and violence. Where guns and violence are involved, the police are more likely to suspect a "drug ring" and investigate more aggressively. The prosecution is also likely to charge more aggressively. The gun charges alone could greatly increase the length of your sentence. But if you are involved in a drug and gun offense, you could also be facing charges for trafficking, export and import crimes, money laundering, RICO and conspiracy. Such charges could also change your state drug case into a federal drug case.

Some Examples of Drug Crimes could include:

* Drug Trafficking
* Possession of Cannabis (Marijuana or Marihuana)
* Casual Delivery of Cannabis
* Cannabis Trafficking (includes marihuana or most commonly spelled marijuana and/or hashish)
* Delivery of Cannabis on School Grounds
* Production of Cannabis Plants (Psychoactive Plant
* Delivery to person under 18; violation by person under 18
* Possession of Ecstasy (Delivery or Sale)
* Possession of Ecstasy (Date Rape Drug)
* Delivery of Ecstasy
* Delivery of a Controlled Substance
* Possession of a Controlled Substance
* Dealing Schedule I Controlled Substance – see below
* Dealing Schedule II Controlled Substance – see below
* Dealing Schedule III Controlled Substance –see below
* Delivery of Meth
* Possession of Meth (Methamphetamine - Crystal Meth)
* Manufacture of Meth
* Operation of a Meth Lab
* Illegal Possession of Hallucinogens (Ketamine - Magic Mushrooms)
* Illegal Possession of Stimulants (Methcathinone)
* Illegal Possession of Depressants (GHB)
* Manufacture, Delivery, or Possession with Intent to Deliver or Manufacture Prohibited
* Possession Prohibited
* Possession of Cocaine (Manufacture or Delivery)
* Possession of Illegal Stimulants (Powder cocaine)
* Possession of Crack (Cocaine)
* Possession of Drug Paraphernalia
* Manufacture or Delivery LSD
* Possession of LSD (Lysergic Acid - Hallucinogens)
* Possession of Morphine (Delivery or Sale)
* Possession of Nitrous Oxide (Delivery or Sale)
* Possession of Narcotic Drug
* Possession of Narcotics Analgesics (Delivery or Sale)
* Possession of Anabolic Steroid (Delivery or Sale)
* Possession of Peyote, Barbituric Acid, Amphetamine
* Possession of Pseudoephedrine
* Possession of Methaqualone, Pentazocine, Phencyclidine (PCP)
* Possession of PCP
* Possession of Heroin (Delivery of Sale)
* Possession of Crank (Delivery of Sale)
* Possession of Opium (Delivery or Sale)
* Possession of an Opiate (Delivery or Sale)
* Possession of OxyContin (Delivery or Sale)
* Federal Drug Crimes

The American Medical Association (AMA) and the FDA have determined some allergy and coldmedecines to be unsafe for people who drive. The drugs can not be bought in bulk because state laws have restricted them. If a person is caught with an large amount of any of the following medications, that person can be subject to criminal drug charges. Some of these drugs are: Vicks Nyquil, Benadryl, Pseudoephedrine, Ephedrine, Allerdryl, Contact Severe Cold Formula, Trifed, Phenergan, and Inhalants such as aerosol products and glues that can keep oxygen from getting to the brain.

Consequences for the conviction of Drug Offenses may potentially include:

* Imprisonment
* Probation or parole
* Registration as a narcotics offender
* Drug testing
* Court ordered counseling or rehabilitation
* Loss of driver's license
* Seizure of motor vehicle
* Search and seizure conditions
* Significant fines
* Other

Likelihood of any of the above consequences depends upon the following factors:

* Prior similar convictions
* Any other prior convictions
* Currently on probation or parole
* Attitude of community and court toward this type of crime
* Degree of media attention on case
* Mitigating/aggravating circumstances
* Other

Defenses of Drug Offenses may potentially include:

* Insufficient evidence
* Factual innocence
* Valid prescription
* Illegal search and seizure
* Other

What can you do to improve the outcome of your case?

* Gather documentation of your good character (reference letters, employment history, community service, etc.)
* Exercise your right to remain silent
* Retain qualified counsel as soon as possible
* Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
* DO NOT investigate your own case

What can we do to help?

* Early preparation, including legal research and defense identification
* Early investigation and identification of all facts helpful to your defense
* Interview police to minimize or eliminate the case
* Interview the prosecutor to minimize or eliminate the case
* Interview all witnesses
* Reduce or eliminate bail requirements
* Provide emotional support to loved ones and ensure that they are continually updated as to the state of your case
* In appropriate cases, negotiate jail alternatives
* Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
* Coordinate a private lie detector test
* Develop appropriate motions to dismiss the case
* Develop appropriate motions to suppress evidence

Drug charges can seem minor at first, but can become huge legal problems, especially when mixed with guns. You need experienced and intelligent criminal defense attorneys to fight the drug and gun charges against you.

If you have a drug or gun charge (such as Unlawful Use of Weapons - UUW) in Indiana, contact us at the Johnson Law Group. Let us use our aggressiveness and experience to defend you.

We Fight to Win!

Drug Terms & Glossary