Trafficking With an Inmate Lawyer in Indiana

Charged with trafficking with an inmate? Here is how I defend it.

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By Myekeal Wynn, Attorney at Law

Indiana calls it trafficking with an inmate. It is charged against visitors, family members, staff, and contractors, and it is filed on top of any possession or dealing count. What the item was decides how serious the charge is.

What the State has to prove

A person commits trafficking with an inmate by doing any of the following knowingly or intentionally, without the prior authorization of the person in charge of the facility. Ind. Code § 35-44.1-3-5(b).

• Delivering an item to an inmate, or carrying it into the facility with intent to deliver it

• Carrying an item out of the facility from an inmate, or receiving it with intent to carry it out

• Delivering alcohol to an inmate on a jail or community work crew, or carrying it to the worksite with intent to deliver it

The statute covers jails, prisons, and juvenile facilities, and it includes using a drone.

How serious it is

• The basic charge. Class A misdemeanor: up to one year in jail and a fine of up to $5,000. Ind. Code § 35-50-3-2.

• A controlled substance, a chemical intoxicant, a deadly weapon, or a cell phone. Level 5 felony: one to six years. Ind. Code § 35-44.1-3-5(b), Ind. Code § 35-50-2-6(b).

• A cell phone or other wireless device. A conviction at the felony level also carries a mandatory fine of at least $500. Ind. Code § 35-44.1-3-5(c).

• A deadly weapon carried in by someone who is not an inmate. A separate Level 5 felony. Ind. Code § 35-44.1-3-5(d).

How I defend it

• Knowledge and intent. The State has to prove you acted knowingly or intentionally. Not knowing what was in a bag, a coat, or a package matters.

• Intent to deliver. For items carried in, the State has to prove you meant to deliver them to an inmate. Having something on you when you walked in is not the same thing.

• Authorization. The charge requires that there was no prior authorization from the facility.

• The search. How the item was found, and whether the search followed the rules.

• The evidence. Facility video, recorded calls and messages, visitor logs, and who actually handled the item. I get all of it.

• What the item was. A lab has to confirm a controlled substance. The level of the charge depends on it.

If you work at a jail or prison

An accusation can cost your job and your certification before the criminal case is decided. Do not give a statement to internal investigators or the police before you talk to a lawyer.

Often charged alongside

These cases often come with drug charges. See my drug charges page for possession and dealing, and criminal defense for the rest.

Common questions

Is trafficking with an inmate a felony? It depends on the item. It is a Class A misdemeanor unless the item is a controlled substance, a chemical intoxicant, a deadly weapon, or a cell phone, which make it a Level 5 felony.

I did not know what was in the package. Can I still be charged? You can be charged, but the State has to prove you acted knowingly or intentionally.

Will I also be charged with possession or dealing? Often, yes. They are separate charges and need to be defended together.

The inmate asked me to bring it. Does that matter? It does not make it legal, but recorded calls and messages are evidence, and they cut both ways. Let me review them first.

Let’s talk about your case first

Call Wynn. (317) 832-1182

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