Carl Barkemeyer wrote the book on How to Defend Drug Charges in Louisiana. Download your free copy to learn more about the criminal process and drug defenses in Louisiana.
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When it comes to drug distribution or trafficking, the states and federal government are against such. This has made them come up with stringent penalties for those caught. If there is no way to prove that someone caught with drugs had the intention of selling it or moving it around, there is a great chance that the drug distribution charge could be dropped to a drug possession charge. This happens when you have a drug distribution lawyer in Lake Charles representing you.
The penalties for those convicted of Drug distribution are usually more stringent than those that were convicted of drug possession charges.
The controlled substances are usually ranked by schedule. The severity of your penalties is dependent on what schedule the controlled substance falls under, the quantity you were caught with, whether you are a repeat offender, if a kid was involved, if you had a gun or weapon with you when you were caught and so much more.
If the prosecution team can't prove beyond reasonable doubt that the controlled substance found on you was meant for sales or to be distributed, it would be reduced to a drug possession case. This something that Carl Barkemeyer, Criminal Defense Attorney tries to prove.
Schedule I
The substances that are under schedule I are highly addictive, do not have any medical use, and can't be safely used even under medical supervision.
Schedule II
The drugs that fall under this schedule are also highly addictive, tend to possess medical functions, and may end up leading to intense drug dependence.
Schedule III
The substances that are ranked here have a moderate chance of being abused, possess accepted medical functions while possessing reduced risk of dependence.
Schedule IV and V
Those that are here have little chance of being abused, possess accepted medical functions while possessing little risk of dependence.
When you are watching a movie, there is a great chance that you may have come across almost every criminal charge ending up in a courtroom with a defense team, prosecution team, jury, judge and so on, trying to see if someone is guilty or not. This is not really what happens in reality. Do you know that many trials do not go to trials? Many of the criminal charges end up being settled by plea deals. The state fancies this because it ends up saving them from spending a lot of legal costs.
Plea deals come in different types, though only two are used a lot. Fact bargaining is the option that is rarely used. In this deal, you agree to some facts and exchange them for the prosecutor not stating some other facts in court. As for the remaining types of the plea deal, they work together. They are charge bargaining and sentence bargaining.
In charge bargaining, you are permitted to try and obtain a lower change instead of the previous one that you were given. As for sentence bargaining, you can request a lower sentence than the one that you may face, if found guilty in a court of law.
If you allow the state, they will want to use only plea deals. Dragging out legal proceedings in court is not great in every case unless the defense team knows without a reasonable doubt and has evidence to prove it that their client is innocent of every charge. If they do, and the prosecution team refuses to drop the case or come with a suitable arrangement, the defense team can then request to take the case to court.
If, on the other hand, the defense team has analyzed the case, and seen that taking the case to court may lead to worse sentencing for his or her client, he or she may suggest a criminal resolution. This saves the client legal fees, offers better alternatives and so on.
Do you know that both the defense and prosecution teams can enjoy from reaching a plea deal? Any team can come up with the idea of a plea deal, as it is a cheaper and quicker way of resolving a criminal case. The truth remains that trials can't be certain. You can't state with certainty which side would win or lose. A new piece of evidence could come to light and scatter the chances of winning. Taking a plea deal removes that element of uncertainty.
Both teams will come to a round table and bring terms of the plea deal together. You and your team have the right to say what they want concerning the plea deal arrangement. This means that both sides have control over the result of the case. Many defendants fancy this arrangement because it permits them to make plans for whatever sentencing that they may get. Before you agree to any term of the plea deal arrangement, it is important that you understand every turn there. This is because once it is agreed upon, it can't be changed.
There are alternative sentencing programs such as a drug court. This gives you an alternative when you are thinking of whether to go to trial or take a plea deal. Before you agree to opt for a plea deal, it is important that you and your criminal defense attorney should look at all the facts to the case, alternatives and so on. Those should determine if you accept the plea deal or not.
It is important to know that no state takes drug distribution cases lightly. This is not far from the fact that these drugs are usually of no value to the body, highly addictive and can ruin someone's health. This is why you should have an experienced drug distribution lawyer like Carl Barkemeyer to represent you. Do not wait until the case is in court before you get a drug distribution lawyer in Lake Charles to represent you to prevent it from being late. Contact us today.
Calcasieu Parish District Judges
H. Taylor - Baton Rouge, Louisiana
A Guide That Will Give You A Better Understanding
Of Legal Process In Louisiana
