Drug Trafficking Laws in Indiana

Manufacturing, delivering, or possessing with intent to deliver cocaine or a Schedule I or II narcotic (dealing) is a Level 5 felony (1 to 6 years) for under 1 gram; Level 4 (2 to 12 years) for 1 to under 5 grams; Level 3 (3 to 16 years) for 5 to under 10 grams; and Level 2 (10 to 30 years) for 10 grams or more, with each tier raised one level when an 'enhancing circumstance' applies. Heroin has separate tiers aggregated over 90 days (3 to under 7 grams Level 4, 7 to under 12 Level 3, 12 or more Level 2), and any amount of a fentanyl-containing substance is at least a Level 4 felony (1 to under 5 grams Level 3, 5 grams or more Level 2). Methamphetamine dealing uses the same 1, 5 and 10 gram tiers. Possession with intent requires evidence beyond the drug's weight unless at least 28 grams are involved. Dealing that results in a user's death is a Level 1 felony (20 to 40 years) for cocaine, narcotics, methamphetamine or Schedule I-III drugs.

Indiana's rule on court-appointed lawyers: Before public defense counsel is assigned, the court must find the defendant indigent; the judicial officer then assigns counsel. If the court finds the person is able to pay part of the cost of representation, it shall order a fee of $200 for a felony action or $100 for a misdemeanor action; other statutes allow courts to order reimbursement of reasonable attorney's fees and costs at any stage after determining ability to pay. Costs must be reasonable and not more than the cost of representation, and a court may not order an indigent defendant to pay based on possible future earnings. Ind. Code §§ 35-33-7-6(c), 33-40-3-6, 33-37-2-3; Davis v. State, 843 N.E.2d 65 (Ind. Ct. App. 2006)

Lawyers set their own fees, and Indiana has rules on how they may charge. See hiring a criminal defense lawyer in Indiana for fee rules, how to check a lawyer's license and free help.

How release before trial works in Indiana: Under Indiana Criminal Rule 2.6 (effective January 1, 2024), a court should release an arrestee who does not present a substantial risk of flight or danger to self or others without money bail or surety, subject to conditions the court sets. This does not apply to arrestees charged with murder or treason, on pretrial release for an unrelated incident, or on probation, parole or other community supervision. In assessing risk, the court should use the results of an evidence-based risk assessment approved by the Office of Judicial Administration plus other relevant information, but need not run an assessment first if that would delay release. If money bail is required, the court sets the amount and decides whether a surety bond and/or cash deposit may satisfy it, and may accept a partial cash deposit. Cash bail deposits may be retained to pay fines, costs, fees, restitution and publicly paid costs of representation. Ind. Crim. Rule 2.6(A)-(C); Ind. Code § 35-33-8-3.2(a) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Indiana expungement and record sealing rules.