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Drug Possession: How a Lawyer Can Help

This article provides important information if you want to know more about how a drug possession attorney can help if you’ve been arrested. This post should clear up any questions you may have about the severity of drug possession charges and why it pays to seek out the help of a skilled criminal defense attorney near you.

Drug Possession lawyers have special skills to help with drug charges.

Criminal Attorney v. Drug Attorney: There is a Difference

A criminal defense attorney is an attorney that defends clients charged with violating criminal statutes. Drug possession lawyers are lawyers that are criminal defense attorneys but are more specific in their focus. For instance, basic criminal defense attorneys may take cases representing clients for assault, battery, theft, etc. Some criminal defense attorneys may not even take drug cases due to the complexity surrounding the Constitutional issues and defenses in a drug case. Those attorneys may feel comfortable defending someone who is accused of punching someone else. But, the attorney may not feel comfortable arguing case law regarding an improper search and seizure of 40 kilos of heroin. There is a big difference between those types of criminal cases.

On the other hand, drug charge lawyers enjoy the nuances of the drug laws and finding defenses that work for their clients. Our firm is composed of drug lawyers that delve deep into the specific statutes and case law that is constantly changing. We stay abreast of the minuscule, yet important laws that can make or break a defense. Read more below to see how a drug possession attorney can help in the defense of a criminal drug charge.

drug possession how a lawyer can help
drug possession how a lawyer can help

Have You Recently Been Arrested Or Charged With Drug Possession?

If you’ve been accused of drug possession, it’s important to get legal help. Maybe you were recently arrested or perhaps you’re going through some of the court proceedings for drug possession charges in your municipality. Whatever the case may be, you have rights you may not be aware of. And some of these rights can impact the course of your future and lead to a better outcome for your case.

Drug Possession Is A Serious Charge!

Drug possession comes with major consequences, and if you aren’t aware of your rights and what is going on, this can be difficult to handle by yourself. We hope we can help provide some information about drug possession laws and let you know what to expect if you are accused of this crime.

What is Drug Possession

Drug possession is when you intentionally have illegal drugs in your possession. This could be in your pocket, in your car, or even at your home. If you are caught with drugs, you could be facing some serious charges. It is important to know the law and what to expect if you are accused of drug possession. Take a look at the types of possession below. Only an experienced drug charge lawyer can properly defend these types of drug possession. We know which defenses work and which ones are over-used and lack credibility. Additionally, we know if the police made a mistake in their investigation.

Actual Possession

To face charges for the possession of Controlled Dangerous Substances (CDS), it is essential that an individual is aware of their possession of the substance and can exercise control over it. In order to be charged with drug possession, a defendant must physically control the drug. It is not possible to be deemed guilty of possession of drugs when one is unaware of its presence in their possession. A common illustration of this scenario occurs when someone places drugs in your bag without your consent or knowledge. In such cases, your drug possession lawyer may be able to raise the defense in court that you were in actual possession of drugs.

Constructive Possession

This represents an alternative way in which a person can be charged with possession of drugs. In this circumstance, the drug may not be directly on your person but is discovered within your property or in an area that you are in or control. If an illegal drug is located in your property or in close proximity to you, you may be considered to be in constructive possession of the substance. Consequently, the police and prosecutor must establish your intent to exercise control over the drug found in your home, vehicle, or other such locations. For instance, if you lease an apartment and drugs are found in your bedroom, the police may say you were in constructive possession of drugs.

Joint Possession

Even without exclusive possession of the substance, you can be subject to charges for the possession of CDS. For instance, if your friend introduces a controlled substance into your vehicle, you may be charged with joint possession if you had some ownership or possession over the drug. It would be a defense to say you had no idea he had drugs on him or that the drugs had nothing to do with you. Think about it, if a woman gets in your car with her purse, the purse doesn’t belong to you. On the other hand, if you friend hops in the car with a kilo of cocaine that you chipped in to purchase so the two of you can sell it for a profit, then you may be in joint possession of schedule 2 cocaine.

What are the Consequences of Drug Possession?

If you are caught with drugs, you could be facing a number of consequences. You could be arrested and sent to jail, or you could be given a fine. You may also have to go to court and face criminal charges. It is important to have a lawyer on your side if you are being accused of drug possession.

If you have been charged with drug possession or any other crime, it is important that you speak to a lawyer. A drug defense attorney will be able to advise you and give you the best chances for getting out of these charges or charges dismissed and avoiding jail time. Many types of lawyers might take on drug cases but only the drug lawyers who defend clients with drug possession day in and day out really can help you. WE are aware of how judges can suspend prison sentences, drug court programs, how to protect your criminal record, and how to minimize jail time if that is the case.

drug possession charges - a lawyer can help

Some Helpful Resources For Drug Possession And Drug Crimes Information:

If you want to see some helpful articles and resources that can answer some of the questions you may have, take a look at the links below. You’ll be surprised at some of the information you will learn about your drug possession charges and how a lawyer can help.

How Can a Lawyer Help with a drug possession charge?

A lawyer can help you understand the law and your rights related to drug possession. They can also help you build a defense and negotiate with prosecutors. If you are convicted of drug possession, a drug possession lawyer can help you minimize the consequences, rather than just a criminal defense attorney.

Drug possession laws vary from state to state and even from city to city. What may be considered a small amount of drugs in one area may be considered a larger amount in another area. Penalties for drug possession also vary widely, depending on the type and amount of drug involved.

Understanding the Punishment for Drug Possession

Drug possession carries possible punishments such as an automatic license suspension, fines, and incarceration in prison.


This is one of the major consequences associated with drug possession charges. In all probability, if you are convicted of this crime, then the sentencing judge will impose a fine to cover court costs as well as a penalty to meet the guidelines set forth by law. The fine may vary from state to state and country to country; however, we can say that the higher the number of drugs found in your possession, and if prior convictions exist (drug-related), then these numbers will rise quickly and significantly.


Depending on your criminal record, the amount of drugs, type of drugs, city of arrest, prosecutor, specific judge, and facts of the case, you might be able to get probation. Yep, all those factors weigh in to see if you can avoid prison and get felony probation instead. Every case is very different. That’s why saying “man, I know guys that got probation for worse than me,” is one of the most foolish things you can say. If you think that, then you have the inability to see all the factors that go into everyone’s case. That’s why you need a drug possession lawyer, because you may not be smart enough to handle it yourself.


This is the most severe punishment for drug possession and generally is handed down when other mitigating factors are not present. For a first-time offender, incarceration is usually reserved for those in possession of a large number of drugs or who have a criminal record with drug-related offenses. Now, that doesn’t mean that you will be spending time behind bars if convicted of drug possession, as judges do have some discretion when it comes to sentencing. However, the average sentence for this crime is approximately six months, give or take a month or two.

finding a lawyer to help you with drug possession charges

Finding a Lawyer in Your Area That Specializes in Drug Possession

When looking for a drug charge lawyer for a drug possession case in court, you should consider the following:

  • The lawyer’s experience with drug possession cases
  • The lawyer’s willingness to go to various cities – most lawyers are too scared to go to a court outside of the city of their office. WE go everywhere.
  • The lawyer’s fees – you get what you pay for. If you want cheap, call someone else and get very little service.
  • How long have you been practicing law?
  • What percentage of your cases are drug possession cases?
  • What strategy do you usually take when representing someone who has been accused of drug possession?
  • What are the potential consequences of drug possession? (Based on state law)
  • What is the difference between a misdemeanor and felony drug possession?
  • How much will you charge me to represent me for my case?

Please remember that whatever your criminal lawyer says during your initial conversation should be taken with a grain of salt. It is important to remember that your lawyer is not allowed to give you legal advice until he or she has officially taken your case.

If you have been accused of drug possession, it is important to remember that the consequences can be severe. You may be facing jail time, probation, and a criminal record. It is crucial that you seek representation from a trained and experienced drug charges lawyer.

Getting a Criminal Defense Attorney

The process is to find a drug charges lawyer, talk to them about your case, and make sure they can represent you in court. You should never try to represent yourself in a criminal case, as the stakes are too high. A good drug possession lawyer can help you understand your rights and what you’re up against.

See this video on how a lawyer can help to get a drug possession charge dismissed.

Why Hiring an Attorney Makes Sense Even If You’re Innocent

Drug possession charges can come with major consequences, even if you are innocent. That’s why it’s important to look into the law and find a lawyer to help you. You should not try to handle this by yourself as it will be difficult to know your rights and what you’re up against. A drug attorney can help protect your rights and represent you in court.

What to do if you are Arrested and Charged with Drug Possession

Make sure you contact a criminal defense lawyer who can represent you. Defense lawyers specialize in drug crime cases, and they know the laws and how to best defend their clients. A lawyer will protect your rights, consult with law enforcement, investigate your case, and more, which is why it is important to have one on your side! If you suddenly find yourself charged with a drug-related offense, don’t hesitate – you need a legal defense pronto!

Conclusion: How A Drug Possession Lawyer Can Help

We hope this post has been informative in explaining all about drug possession and how a drug lawyer can help. If you are facing drug possession charges, contact Barkemeyer Law Firm. The drug attorneys at Barkemeyer Law Firm are some of the best drug charges lawyers in the state of Louisiana and can help you get the best outcome for your case. Take a look at their locations and contact them today. Keep in mind, we go every where in Louisiana. No need to call and ask if we handle a drug charge in a certain location because we do.

Barkemeyer Law Firm represents hundreds of drug crimes charges every year and can help you with yours. Please take a look at all our practice areas here. We hope you have learned about drug possession how a lawyer can help and wish you all the best.


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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