Robert Downey Jr.'s Son Indio Charged With Felony Cocaine Possession

First-time offenders usually have option to enroll in drug diversion program to avoid a harsher sentence

By Natalie Finn Aug 08, 2014 12:17 AMTags
Indio Downey, Robert Downey Jr.Getty Images, Splash News

Robert Downey Jr.'s son will have to pay the piper in some way.

Indio Downey, 20, has been charged with one felony count of possession of a controlled substance and a misdemeanor count of possession of a smoking device stemming from his June 29 arrest after cops allegedly found cocaine and drug paraphernalia on him during a traffic stop, E! News confirms.

The charges were filed June 30 and his arraignment has been set for Aug. 29 at the L.A. Superior Court Airport Courthouse.

Splash News

Indio is facing a maximum sentence of three years and six months in prison if convicted on both counts, but a drug-diversion program is a typical option for first-time offenders.

The young musician is RDJ's son with ex-wife Deborah Falconer. Downey also has son Exton and a baby girl on the way with his second wife, Susan, whom he married in August 2005.

After Indio's arrest, Downey—whose own past battle with substance abuse is the stuff of Hollywood legend and has served as fodder for many of his own confidently self-deprecating jokes over the years—told E! News in a statement: 

"Unfortunately there's a genetic component to addiction and Indio has likely inherited it. Also, there is a lot of family support and understanding, and we're all determined to rally behind him and help him become the man he's capable of being. We're grateful to the Sheriff's department for their intervention, and believe Indio can be another recovery success story instead of a cautionary tale."

—Reporting by Holly Passalaqua