While any criminal offense is a serious matter, people are sometimes willing to plead guilty to a so-called “simple drug possession” charge. They believe that minor drug violations might do more harm to their reputation if they take the case to trial instead of pleading guilty.
However, sometimes those who face prosecution due to what seemed like simple possession are in for a rude awakening. State prosecutors bring more serious charges than they initially anticipated, and they’ll then face not only more serious charges that might leave them with a felony record but also much more significant penalties.
When can a basic possession offense become a felony or a more serious crime?
When someone has a larger amount of drugs
Indiana treats some possession offenses as felonies rather than misdemeanors. The type of drug and the overall amount of the drug that police officers find can directly influence the charges someone faces. For example, if the substance is cocaine or a Schedule I or II narcotic, just five grams is enough to warrant felony charges. Even though a defendant with a substantial amount of a substance in their possession may insist the drug was for personal use, prosecutors may pursue felony possession charges against them.
When the state suspects an intent to distribute
A higher volume of drugs combined with other factors might lead to charges beyond simple possession. If someone has connections to the drug trade, a variety of different drugs or certain paraphernalia in their possession, the state may try to bring more serious charges related to possession with the intent to distribute the substance found in their possession.
Possession with intent charges are generally felony offenses that carry more serious penalties than simple possession allegations. Some people arrested for possession feel legitimately shocked when they arrive at their arraignment only to hear the prosecutor announce very significant criminal allegations.
Pleading guilty to felony drug charges can lead to a life-altering criminal record and very serious penalties imposed by the courts. Defendants or possession with intent charges generally need a great deal of informed help when preparing to fight their charges. Pushing back against major drug offenses often begins with a review of the state’s evidence.