Conviction without drugs?
Can you be convicted of possessing drugs if the State does not produce the drugs in court? In Indiana, the answer is that you can based on witness testimony and circumstantial evidence.
In the case of Crittendon v. Indiana, the Court of Appeals decided the State presented sufficient evidence to support the Defendant’s conviction for possession of a narcotic drug by presenting at trial that the Defendant admitted consuming heroin and showed clear signs of a heroin overdose when taken into custody by the police, despite the prosecutor’s failure to introduce the heroin into evidence. The Court held the State is not required to introduce the drugs into evidence to obtain a conviction for dealing or possession, and the identity of a controlled substance may be established through witness testimony and circumstantial evidence.
If you find yourself being questioned for heroin, meth, cocaine, marijuana or any other drug possession, only tell the police you want a lawyer and otherwise remain silent. At the first opportunity, you should hire an experienced criminal defense lawyer such as Steven Knecht with Vonderheide & Knecht to help you fight the State.