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The possession of a firearm with drugs charge is more officially known as the possession of firearms with CDS (controlled drug substance). This particular charge is even more severe than the regular gun or drug charges. In the state of Louisiana especially, this charge is taken seriously. The Lafayette Parish region is also subject to the severity of this particular charge. This is mostly a felony offense. The charge itself is usually leveled against a person when a firearm is seen in the vicinity of a person who has been arrested for drug charges. It is also applicable if the weapon is found on the body of the person in question. It is also referred to as a trigger-lock charge at times. This name is given due to how often the gun locks in the conviction during the case. In essence, the sentence of the person charged with possession of a firearm as well as a controlled drug substance is already "locked" or certain due to the presence of the gun. For this charge, the person involved would most likely be facing a sentence of at least 5 years to a maximum of 10 years in prison without prohibition or parole. Not even the option of suspension of sentence is available.
With all these obstacles, as an offender facing this crime, it is easy to give up. At this point, you need possession of a firearm with drugs lawyer Lafayette. You might think that the sentences involved are somewhat severe. But this is the case simply because guns are involved. Nevertheless, we at Carl Barkemeyer, Criminal Defense Attorneys are not scared of a challenge. With proper preparation, we can make the best out of any situation. Getting the client to walk scot-free might prove to be challenging but it is still doable. If circumstances do not allow for this, we pursue all legal methods of reducing the sentence to the minimum level.
This charge is found as part of the Possession of firearms with CDS charge statute La RS 14:95 E. under this statute, it is illegal to use, possess or have under the defendant` immediate control any form of firearm or instrumentality which has been customarily made, used or intended to be used, as a dangerous weapon, in cases such as
1. While in the process of attempting to commit or a committing crime of violence;
2. While an unlawful sale or distribution of a controlled dangerous substance; or
3. While in the unlawful possession of a controlled dangerous substance, unless the possession of fourteen grams or less of marijuana.
The laws and guidelines mentioned above clearly outline all the necessary circumstances which must be surrounding a case before the offender is eligible to be charged with possession of a firearm(s) with drugs or controlled drug substances (CDS). As it is not entirely possible to be fully in tune with the laws of the state, we at Carl Barkemeyer, Criminal Defense Attorneys always endeavor to assist our clients with basic knowledge of the law when necessary.
The penalties associated with possession of a firearm with drugs (CDS) are varied. By way of summary, we will briefly consider these penalties.
The individual involved (the defendant) could be fined a fee of not more than ten thousand dollars ($10 000); or prison time of at least five years and at most ten years with hard labor and without the benefit of parole, probation or suspension of sentence; or both. This punishment, however, is reserved for only first-time offenders. At this point, it could be viewed as a misdemeanor.
But if the situation repeats itself in subsequent times, then the charges would equally increase in terms of severity. At this point, it becomes somewhat of a felony. The sentence increases to a time of not less than twenty (20) years and not more than thirty (30) years with hard labor, without the benefit of parole, probation or suspension of sentence.
The sentence here is quite severe, hence the judicial processes involved here are more stringent than in other cases. Even for the prosecuting party. They would have to prove the guilt of the defendant beyond every reasonable doubt and in accordance to the requirements made by the law. As a good possession of a firearm with drugs lawyer Lafayette, this should give you an edge in discrediting the prosecuting party and proving the innocence of the clients (under the right circumstances).
At Carl Barkemeyer, Criminal Defense Attorney, we have extensive experience with the legal system in Lafayette Parish. This experience will be useful when deciding the best approach to the case. It also comes in handy when having pre-trial sessions with our clients. Here, we help the client get prepared for speaking in front of the judge. The words to use and what conducts to abstain from in a courtroom. This way, the process does not overwhelm the client. First time offender especially finds this approach useful and extremely helpful. Our team of lawyers all has the necessary experience in dealing with all sorts of situations associated with possession of a firearm with drugs.
While looking for possession of a firearm with controlled drug substance (CDS) lawyer Lafayette, it would be best to pick one that would have your best interest at heart. Carl Barkemeyer, Criminal Defense Attorney has the necessary qualifications to serve as good legal criminal defense in all sort of situations. Here, we put our entire effort into advocating for the best interest of our clients. you can contact us with the knowledge that if your situation can be salvaged, we will tirelessly pursue your best interest.
Lafayette Parish District Court
H. Taylor - Baton Rouge, Louisiana
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