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Indiana Considering Changes to Laws for Heroin Offenses

Drug-related criminal charges are no small matter, and should be taken very seriously. Even minor charges, such as for possession, can affect future job opportunities, housing options, and qualifying for certain professional licenses. Thus, to limit or eliminate the potential consequences, a criminal defense attorney should be consulted as soon as possible any time criminal charges are imminent or pending.

One drug-related issue consistently in Indiana news is the prevalence of opioid abuse in the central U.S. Often, this type of addiction grows out of a legitimate need for pain relief that conflicts with prescribing restrictions imposed on doctors, leading sufferers to find relief from other sources, namely heroin. Modern approaches to this epidemic typically consist of giving judges more discretion in sentencing guidelines so these individuals can receive help and not only punishment.

Indiana may be moving away from this paradigm in favor of enacting harsher sentencing laws for criminal defendants. A bill currently under consideration in the State assembly would reinstate a more punishment-driven approach, reflecting lawmakers’ views that treatment-focused methods have not adequately addressed the problem. This bill would significantly affect the types of sentences imposed on those convicted of heroin-related charges, and is worth reviewing in light of the negative consequences it would bring. In addition, drug courts, a more modern criminal justice approach to dealing with heroin addiction, will be discussed, as well.

Proposed Changes

The legislation is designed to take away judicial discretion in sentencing and increase penalties for both dealing in heroin and forcibly taking controlled substances from a licensed pharmacy. Specifically, sentence enhancements that elevate the applicable felony level would apply to individuals convicted of selling varying levels of heroin over a 90-day period. Basically, the law is targeting distributors of heroin, and focuses on the aggregate gram amount sold in 90 days – anywhere from three to twelve grams. The potential sentences would range from one year up to 30 years, depending on the amount of heroin sold and if enhancing circumstances were present. Enhancing circumstances are factors the law says justify imposing additional jail/prison time, and include prior convictions and conducting the sale within 500 feet of a school. Importantly, the new law would restrict when a judge could suspend a person’s sentence term.

In addition, the law elevates charges related to forcibly taking controlled substances from a pharmacy to a level 4 felony (two to 12 years in prison) if the taking was accomplished by using force, or putting someone in fear for his/her safety. The offense becomes a level two felony if a deadly weapon is used, or someone is injured. Finally, the offense is charged as a level one felony (highest possible with 20 to 40 years in prison) if someone is seriously injured.

Drug Courts

Starting in the 1990s, Indiana established a drug court program that allows judges to divert individuals convicted of drug-related crimes to drug treatment in lieu of jail/prison time. The motivation behind this program was to offer individuals struggling with addiction to drugs a treatment option to incarceration in hopes of breaking the addiction cycle that contributes to criminal activity. Drug courts operate throughout the State, and give individuals facing charges for drug-related offenses the choice of supervised probation and participation in an approved treatment program. If the program is completed and court requirements followed, the criminal charges are dismissed, and the individual’s life is not marred by a criminal conviction. While this diversion program is primarily intended for individuals charged with drug possession offenses and not dealers, State lawmakers could take a more hardline approach to these individuals in the future if the proposed sentencing revisions are viewed as successful.

Talk to a Criminal Defense Attorney

If you were charged with a crime, do not hesitate to contact a criminal defense attorney at the earliest opportunity. A criminal defense attorney will fight assertions of guilt made by the prosecution by attempting to show the State failed to prove all the elements of the crime. Attorney Christopher L. Arrington helps clients charged with drug crimes in central Indiana, including Danville, Avon and Plainsfield, and will work to get you the best possible results. Contact him to schedule an appointment today.



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