Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana
Drug Possession Attorney in Louisiana
Experienced Drug Possession Attorney
Mr. Barkemeyer is a drug possession lawyer in Baton Rouge, Louisiana. We represent clients charged with possession of all types of narcotics and illegal drugs. The drug laws in Louisiana are very tough. The defense to these charges requires an attorney that is knowledgable and experienced in the area of defending drug charges. Mr. Barkemeyer has handled hundreds of drug charges, many through suppression hearing and trial. We examine every case to determine if the stop and search were illegal. Because he is highly experienced defending drug cases, he provides superior representation attacking the police officer’s conduct and discovering possible legal technicalities that may make the difference between a conviction and dismissal.
Defenses to Drug Possession in Louisiana
There are many ways the best drug possession attorney can defend drug charges in Louisiana. It is important to understand the various ways to possess drugs. For instance, drug possession can be actual, constructive, or joint possession. These are simply theories that the prosecutor relies on to prove drug possession charges. The prosecutor must prove beyond a reasonable doubt that the defendant intentionally and knowingly possessed the drugs for a conviction to occur. The job of the drug possession attorney is to test the prosecutor’s case to see if he can prove drug possession. If there is a good case against the defendant, we try to work out a deal minimizing the defendant’s exposure. We try to minimize the length of probation or jail time, or even consider alternatives to prosecution. If we have a good case on the facts, then we fight the drug possession charges at suppression hearing and/or trial. Here are the various types of possession:
Actual Possession of Drugs in Louisiana
Actual possession of drugs in Louisiana is when the defendant actually had the drugs on his person. For example, the drugs were in his pocket or cigarette pack. Officers may find the drugs when he is performing a search incident to arrest or even a pat down for weapons. Sometimes, he will ask the defendant if he is in possession of drugs or weapons, and the defendant may provide the drugs to the officer willingly.
Constructive Possession of Drugs in Louisiana
The prosecutor may also try to prove that the defendant was in illegal possession of drugs by means of constructive possession. This occurs when the defendant is in possession of drugs that aren’t on his person, however has dominion and control over the drugs. So, if the defendant knowingly and intentionally possessed drugs that he had control over, the prosecutor may be able to prove drug possession in Louisiana. For example, constructive possession may occur when the defendant has drugs in his glove compartment or a bag in the trunk. He could argue that it wasn’t his bag or vehicle and he was just driving a friend’s car home. Therefore, he would have not intentionally and knowingly possessed the drugs. In fact, he had no dominion or control over the drugs since they didn’t even belong to him. On the other hand, if he owned the vehicle, that defense may not be believable to a judge or jury. The best drug possession attorney in Louisiana would help his client make the best decision in this case.
Joint Possession of Drugs in Louisiana
Joint possession of drugs in Louisiana is another legal theory used prosecutors to prove the defendant knowingly and intentionally illegally possessed drugs. Joint possession of drugs is when two or more people possess the same drugs. For example, drugs are found in a bag in the backseat of a vehicle with a driver and passenger. Both individuals could be in joint possession those drugs if the surrounding facts could show beyond a reasonable doubt that is the case. Sometimes, one of the individuals will claim it was solely their drugs and not the other person’s. For instance, the driver may say it was his. This can be a good fact for the defense. However, if the officer testifies that he witnessed the passenger exchange money for the drugs, then the driver could lose credibility and his statement that the drugs were only his may lose value. There are many important facts that your drug possession attorney will consider in drug possession cases. As highly experienced, drug possession defense attorneys, we understand how to make the arguments and help our clients in drug possession cases. No two drug charge cases are the same. Facts are always different.
Alternatives to Prosecution
In the event the prosecutor has a good case against a client, we take an alternative, yet aggressive, approach to getting a better result. We coordinate treatment and rehabilitation which may lead to a better deal with the prosecution. We have many contacts within the system and understands drug treatment and rehabilitation. Treatment is often times the best route to take that will actually end up benefiting the client in many ways. Treatment may help get a better result in his/her criminal case but also take care of the underlying issue of drug addiction so the client can become more happy and functional in his/her personal life.
Live Out of State But Need a Louisiana Drug Possession Lawyer?
We can help. Many of our clients receive drug possession charges in Louisiana as a result of passing through. Our drug possession lawyers have successfully defended clients pulled over on I-20, I-12, I-10, I-49, and many other highways in various parishes and towns. You may find yourself back in Texas, Florida, or whatever state you live in and not know what to do now. Regardless of where in Louisiana, you received your drug charge, contact us to discuss how we can get you the best result on your drug possession charge. If you’re charge is possession with intent distribute, see this page for more information.
What are the Penalties for Drug Possession in Louisiana?
The penalties for drug possession in Louisiana depend on the specific illegal drug that was allegedly possessed. Possession of marijuana first and second offense are misdemeanors, so they carry much less jail time than possession of all other drugs. Louisiana has specific laws for and penalties assigned to the weight of the drug. If the defendant possesses over a certain weight, then the penalties go up. The drugs will always be weighed by the crime lab to determine weight.
Types of Drug Charges We Defend
Our drug possession lawyer defends those charged with possession of controlled dangerous substances, including the following: heroin, methamphetamine, marijuana, cocaine, ecstasy (MDMA), prescription drugs, Xanax, Adderall, and all other Schedule I, II, III, IV, and V drugs. The sentences for possession of drugs in Louisiana vary depending on the specific drug and the schedule it is in. Schedule I, historically, carries the most severe punishment, and Schedule 5, the least. To learn more about drug charges in Louisiana, see video.
Contact our Louisiana Drug Possession lawyer at the Barkemeyer Law Firm.
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Louisiana DWI & Criminal Lawyers
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.