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It is very possible to be caught with drugs and at the same time firearms. There have been a lot of such occurrences in Lake Charles and the law doesn't take it lightly.
Possession of a firearm with drugs occurs when a person has firearms alongside controlled substances. Now, controlled substances are highly addictive drugs that have medical value but are also dangerous. Because they are dangerous, the government has made them controlled substances which means you should only be found with them if they've been prescribed to you by a medical professional.
In some areas, possessing a firearm with drugs is a separate charge and this makes it a serious case. The drugs may include cocaine, heroin, methamphetamine and so on. However, to be found guilty of this charge, it needs to be proven that the person knows he or she has a firearm and drugs.
It is only legal to be found in possession of a firearm if you applied for it and you've been granted permission. The same goes for drugs (controlled substances) if you have a medical report stating what it is for and that it is from a professional licensed doctor. Anything other than this is an offense punishable by law. Possession of a firearm with drugs is a felony in Louisiana with serious repercussions.
According to the statute, the law states that it is illegal to possess, use or have control over any firearm while
1. Committing an act of violence or attempting to do so
2. In possession of controlled substances or during the sale of such drugs.
Possession of a firearm with drugs is a very serious offense in Lake Charles and it is classified as a felony. Of course, felonies are serious offenses with heavy penalties. Certain things affect the penalty to be meted out. They include:
· The number of drugs possessed
· The type of drugs
· The type of firearm possessed
· If there was another ongoing crime as at the time of the arrest.
All these factors will determine how serious the penalty will be.
In general, the offense for a first-time offender is to pay a fine of not more than 10,000 dollars. This goes along with serving a jail term of not less than 5 years and not more than 10 years. Note that if you're found guilty, you won't be allowed parole, probation or even a sentence suspension.
If you're convicted for a subsequent time after the first, you will serve a jail term of not less than 20 years and not more than 30 years with hard labor. This is also without parole or probation grant.
As aforementioned, possession of a firearm with drugs is a serious offense in Lake Charles. However, there are defenses to it. You need to know that every case is different and they need to be properly reviewed. Here are a few defenses to the crime:
· If the drugs involved was not a controlled substance
· If the firearm involved was not really a firearm or there was none of it. The case may just be turned to a simple possession charge
· If the firearm and drugs were found by an illegal search from the police the firearm was loaded or not (This may vary from place to place though)
Well, your criminal defense attorney, which is important for you to have will let you know what defenses to come up with.
Almost every case that is brought up in a law court needs a lawyer. This is because lawyers have been well-trained to know how to handle each case carefully and efficiently too.
Because of the severity of the offense of possession of a firearm with drugs, you need a professional criminal defense attorney to help you in all your court proceedings. Note that a lawyer can bring up a high difference in your case, such as reducing the charges or making your case to be dismissed. However, most people do not know this and this is why they end up having prolonged issues in court.
Immediately after your arrest, you need to get in contact with a criminal defense attorney as soon as possible. This is to ensure that he or she is present right from the start of your case. In this way, everything can be handled professionally. With the help of an expert lawyer also, your case may not be as serious as you think it is.
If you or your loved one you know has been arrested or charged with possession of firearm with drugs in Lake Charles, Carl Barkemeyer might just be right for you. We have been defending people in Louisiana for a long time and this is one of the most common cases.
We acknowledge the fact that the offense is a serious one and this is why we don't hold anything back when helping you. We only request that you honestly tell us everything that took place so we won't be taken unawares in court. Be rest assured that we will never give out your information to a third party without your consent. In this way, you can trust us to tell us anything.
Remember that delay could be very dangerous as regards possession of a firearm with drugs. This is why you should contact Carl Barkemeyer as soon as possible. In any case, you need legal advice or representation in court, we are very much available to help you. We aim to help you get reduced charges in court or you help dismiss your case. Apart from that, we are going to guide you from the beginning to the end of your case. We know the right defenses to bring up and how to follow it up.
Do well to reach out to us today!
Calcasieu Parish District Judges
Calcasieu Parish Clerk of Court
H. Taylor - Baton Rouge, Louisiana