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Alternative Punishments To Jail

Alternative Punishments To Jail

There are many options for resolving drug cases, other than going to jail. Since each case is different and each defendant is different, each outcome is different. After examining the case, options can include deferred adjudication, mitigation with the prosecutor, probation, drug court, diversion, and also orders to reside at rehabilitative residency programs. If you have a drug possession case and need a drug possession defense attorney in Louisiana, contact us.  We handle drug possession cases anywhere in Louisiana.

While drug cases in Louisiana are treated as severe, you will find it interesting to know that there are a number of options that you can choose from when charged with a drug case in the city. Unknown to most people, there are a number of options that are open to them when they are charged with a drug case in Louisiana. While some feel that these cases attract jail sentence, you will find it surprising to know that there are alternatives to jail sentence when you have been charged with that case. While there are alternatives, you need to bear in mind that each case is different and would be treated as such. Also, you need to bear in mind that prior convictions or arrest may narrow your chances of qualifying for any of these alternatives.

Before we look at the alternatives that can be taken when a drug charge is brought against you, let’s look at the golden rule that should be taken when you are arrested for a criminal offense.

Not Talking to The Police

This should be on top of your list immediately you are caught by the Police. When you talk to the officers, you may end up saying incriminating things. You may end up saying words that show that you are guilty. As much as you can, you want it seem like you didn’t know that the drugs existed. You want to act like you were framed. Try not to act like you are guilty. If you can, act like you are shocked. This will work in your advantage. If you must talk, deny existence of the drugs. Don’t say anything else about the drugs. The police officer may want you to say other things, in a bid to incriminate you. The officer may try to provoke you to say words that you will regret saying. No matter the psychological tricks they try to play on you, keep mute. It helps your chances.

We’ll take a look at some of these alternatives that you may qualify for


This can be said to be a legal process of resolving disputes that may arise between two parties – the defendant and the prosecutor. It could also be said to mean a legal process where the case of the various parties involved have been considered carefully by the presiding judge and have laid them to rest. It could also mean that the judgment has been rendered and that the evidence presented by both parties have been considered and it is best that the case is rested.

This is one of the main alternatives to spending time behind bars and it simply means that you have come to a conclusion. While this is an alternative to spending time behind bars, it is important that you remember that before you are adjudicated, the severity and nature of your case is taken into consideration. Also, it is important that you remember that this is just an alternative and you will need to qualify for it. To qualify for this alternative, you must not have had a drug case conviction prior to that time. This slows down your chances of being qualified for this and you may end up spending time behind bars. However, it is of utmost importance that you inform your attorney if you have been convicted prior to that time. This will help him search for other viable alternatives that may be suitable for your current situation.

Mitigation with The Prosecutor

This is another viable alternative that you may apply for depending on certain conditions. Mitigating with the prosecutor simply means agreeing with the prosecutor based on certain conditions that you have to meet. This is a tricky alternative; however, it is a fine alternative that may see you not spend time behind bars. Your criminal defense attorney should know how to help you mitigate the case.

Mitigating with the prosecutor will ensure that he or she drops the case against you if you are willing to meet certain conditions that may either be set by him or may be stipulated by the law of the state. To qualify for this alternative, it is of utmost importance that you are ready and willing to comply with the prosecutor. The condition could be that you plead “guilty” in court. To ensure that this alternative is open for you, you need to hire the service of a well-trained and experienced drug case defense attorney who is capable of mitigating and coming to terms with the prosecutor to ensure that you do not get to serve jail time.


This is another popular alternative to jail time. It simply means a period of time in your life when you are supervised by the court. Probation here means that instead of serving jail time you may be made to carry out an activity under supervision. While most people would prefer to serve jail time than being placed on probation, spending time in jail even for a day will definitely limit your chances of getting a job, applying and getting a loan, or even being promoted. This looks like a viable option; however, you need to bear in mind that most times probations last longer than a prison sentence.

While you may be allowed to spend time in the community while under probation, the activity you are to carry out will vary. You may be asked to do community service of about 100 hours each week. The purpose of probation is to ensure that the community is safe for others, so you’ll have to be placed under supervision. You may also be asked to report to a probation officer probably once in a month.  Failure to comply with the terms of probation will see you appear in court and this time may be sent to prison. While this a viable alternative, the severity, and nature of your case will determine if you qualify for it.


Depending on the nature and severity of your case, it may be diverted out of the criminal system. For a criminal case to be dropped, defendants will have to successfully complete a diversion program. It gives you a chance to escape the stigma and the negative effects that are associated with having a criminal record.

Most of the times, defendants that have had their cases diverted are made to participate or become active members of a rehabilitative program. This alternative is for those that have been charged with a misdemeanor and may not actually apply to those that have had prior drug case convictions and arrest.

Getting the Best Drug Case Defense Attorney in Louisiana

While these alternatives are open to you, they could be quite tricky to apply for. To help you do this, Carl Barkemeyer one of the most experienced and well-trained criminal defense attorneys in the country has extended his service to Louisiana.

At Carl Barkemeyer, Criminal Defense Attorney, we have gathered a team of well-trained and experienced criminal defense attorneys that are capable of pleading for these alternatives for you. While we do not guarantee our clients 100% success, we will do our best to ensure that you do not spend time behind bars.

Carl Barkemeyer wrote the published book titled How to Defend Drug Charges in Louisiana. He regularly gives lectures and advice to other attorneys regarding how to successfully defend clients for drug possession and distribution.

Louisiana DWI & Criminal Lawyers

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, Monroe, Lake Charles and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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