Carl Barkemeyer wrote the book on How to Defend Drug Charges in Louisiana. Download your free copy to learn more about the criminal process and drug defenses in Louisiana.
Under Federal law and Louisiana law, it is a crime to possess illegal drugs. These illegal drugs are controlled substances, prescription drugs or scheduled substances such as heroin, marijuana, methamphetamine, cocaine and so on. As in all other states, drug possession is a serious offense in Louisiana, punishable by law.
Drug possession is the willful possession of illegal drugs. Now, drug possession can't be mentioned or spoken about without a reference to constructive possession. This refers to a situation where you have access to controlled substances which may not be with you at that particular time. It could be that you have a key to a room or a car filled with illegal drugs. If it happens this way, you can still be convicted for drug possession.
Simple drug possession: Simple possession of drugs is all about possessing illegal drugs for personal use and nothing else. In the way, you bought or purchased the drugs solely for your consumption.
Possession of drugs with intent to distribute: Possession with intent to distribute simply means the drugs may be for personal use but you have an intention to distribute to others. This practically makes you a drug dealer and there are serious repercussions if you are caught. You may be wondering how the court will know that you have an intention to distribute. Well, you may have incriminating items to serve as evidence. This includes a large number of the drugs, of course, weighing scales, measuring tools, plastic bags and so on. Witnesses could also stand to testify against you.
Before one can be convicted for drug possession, the court checks certain things which are:
· That you were knowingly and intentionally in possession of controlled substances.
· The place of possession or the geographical area the drugs were found in
· The number of drugs in your possession
· That the drugs are illegal. This should include controlled substances and scheduled drugs.
If all these are proven, it means you are guilty of the accused crime and will be convicted.
One thing you should know about the laws on drug possession is that it differs from state to state. In this way, what can be counted as an illegal drug in one state might be legal in other states. A typical example of this is medical marijuana. Some states have made it possible that its residents could use it freely for medicinal purposes or even for recreation. In other states, however, it is highly illegal unless given by a doctor.
In any case, you're traveling to another state and you intend to go with drugs which are legal in your state of residence, do some research and know their stand on drug possession. Endeavor to know what drugs are legal there and the ones that are not. This will save you so many embarrassments and probably an arrest too.
Some states have very strict laws on drug possession and you wouldn't want to be caught or taken unawares. Therefore, do well to be rightly informed. Also, note that drug cases are different and each has different penalties.
There might be situations where the drugs were given or prescribed to you by a doctor. Those kinds of drugs ate called prescription drugs. They are drugs which can solve medical problems but are illegal because an excess of them harms the body. Therefore, the state can only let you go if it was prescribed by a doctor.
Before getting such drugs from a doctor, there has to be a prescription stating why it was given to you. Ensure your doctor is a professional doctor as well as a licensed one. After getting the medical report or prescription, be sure to take it with you all the time if you must go out with the drugs.
Drug possession is a very serious offense in Louisiana State and it comes with serious penalties because it is a felony.
Drug possession in Louisiana refers to a situation whereby you are caught with a certain amount of drugs. These drugs should be illegal drugs such as controlled or scheduled substances. Scheduled substances are divided into parts; Schedule I drugs, Schedule II, Schedule III, IV, with Schedule I drugs being the most dangerous. Each of these drugs has their level of severity and it is a factor to look into when you are charged. For instance, if you are caught with a Schedule I drug, you will have a higher penalty than someone caught with a Schedule IV drug. In essence, this means that the more addictive and dangerous the substance is, the higher the penalty.
The penalty for drug possession in Alexandria is mostly serving the jail term and paying a fine. The length and amount depend on the severity of your offense as regards how much drugs you were caught with. For drugs up to 400 grams, the convict will pay a fine of not less than $250,000 or go to prison for not less than fifteen years or both. If you get a good criminal defense attorney in Alexandria, you may be lucky to get a reduced sentence.
If you or your loved one has been arrested for drug possession and stands a trial in Rapides Parish, contact Carl Barkemeyer. Getting legal help will impact your drug case positively especially if your lawyer is an experienced one. Carl Barkemeyer is a well-seasoned criminal defense attorney with many years of experience in handling drug cases in Louisiana. As such, he knows the state laws very well and will use it to your advantage.
Our team will do all it takes to put you on the bright side in court without withholding anything back. We aim to get you reduced charges or a reduced sentence. We will also give you the necessary legal advice as well as represent you well in court.
Reach out to us today to help you with all your judicial proceedings.