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codeine possession charges penalties Louisiana
01Feb

Codeine Possession Charges and Penalties Louisiana 

Codeine is a drug that comes from morphine. This drug is known as a Schedule II drug. The high abuse rates identify this class of drugs. These types of drugs have a reputation for being abused. While they are abused, they do have medicinal uses. People who take this drug without a prescription from a doctor are abusing the drug. Those who do not have a script from a doctor may be charged with possession of Codeine

Overlook On Codeine Charges In Louisiana

Louisiana is known for the tough laws it has surrounding drugs. Especially the one, two, three-strike rule. In general, you can expect up to five years in prison. This is just for personal possession without intent. This was also a small amount of the drug. Remember, the more you have, the more charges there can be. 

Possession Must Be Proven

If you believe you are being charged with possession of Codeine wrongly, you might be right. The prosecution, in many cases, the state, will need to prove without a reasonable doubt that you had possession of the drug and you knew about it.  The three methods of proving guilt are listed below. We have: 

  • Actual Possession
    • This is where the person has the drug on them or hands it to an officer. 
  • Constructive Possession
    • This is where the person has the drug in their home, vehicle, or other areas. It must be proven that the area where the drugs are is where this person lives or has access to. 
  • Joint Possession
    • This is where two or more people have the same drug on them. One person may claim it is all theirs.

Now that you know about the three different types of possession, you can learn more about them in-depth. 

Actual Possession

This is when the person in question has the drug on them. For example, the drugs were in the defendant’s pocket or wallet. These possession charges are often found by accident during routine stops or searches. If a police officer does a pat-down, the drugs could be found when looking for a weapon. Another way that this happens is when the officer asks if the person in question has anything on them. Many times, people hand over the drug in their possession to the officer. 

Constructive Possession

This is where the person has the drugs on them, but they may not intentionally know it. For example, drugs were found in the trunk of the vehicle. The person driving states that the vehicle is not his, and he was borrowing it. If that was the case, the person is innocent. However, if the registration comes back to the person driving, they could be charged with possession because it is their vehicle. 

Joint Possession

This is where two people or more have the same drug. For example, Codeine was found in the driver’s possession and the passengers. The driver will state that all the drugs are theirs in many cases. However, if there was money exchanged, the passenger will be charged too. The prosecution must prove without a doubt that both parties knew that the drug was on them and that they knew about it. 

Circumstantial Evidence 

This is used to prove whether the person had the intent to sell. For example, if someone has large sums of cash, many empty baggies, weapons, and scales. Police will look for drugs that have been packaged individually. All items that are found are circumstantial. This means that the prosecution must prove that the person had the intent to distribute without a doubt. This is a whole new case that has different punishments. 

Punishment

Those who are caught with Codeine could face a hefty sentence. Those who possess Codeine without the intent to sell could face up to five years in prison. This may be accompanied by hard labor. There is also a fine of up to 5,000 dollars. Keep in mind that the more you have, the more charges or punishments you could face. 

Suppose you distribute or make the drug; you could face anywhere from two to thirty years in prison. Your fine could be hefty. It could reach about fifty thousand dollars. Your prison sentence could include hard labor as well. 

Lawyer Up

If you are facing possession charges with Codeine, you need a lawyer. You should get yourself the best defense lawyer you can. Find a lawyer that is experienced with drug cases. Be sure that your lawyer is educated and knows your case. You should also make sure that your lawyer is listening to you and taking your notes. 

The best decision to make if you are being charged with possession is to have a lawyer. They will allow you to get the smallest sentence and fine. A lawyer will be by your side throughout the whole process and will keep you informed. 

Wrapping Up: Codeine Possession Charges And Penalties Louisiana

The bottom line is that if you are charged with drug possession of any type, you need to hire a criminal defense law firm near you. Barkemeyer Law Firm is an excellent law firm to help with your codeine possession charges. They have multiple locations and are very well known in Louisiana. Barkemeyer Law Firm can be contacted on this page here for a consultation too.

Now you should know more about codeine possession charges and penalties in Louisiana and we wish you all the best.

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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, 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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