In Louisiana, possessing controlled dangerous substances and firearms at the same time is a serious offense, it is also treated as a felony with mandatory prison time…no probation. It is a criminal charge which is added after an officer discovers it after he conducted an arrest for drugs.
To understand the Louisiana Possession of Firearm with Drugs laws in Jefferson Parish, the following topics will be discussed:
How does Louisiana Law define Possession of Firearm with Drugs Jefferson Parish?
How can one defend themselves against Possession of Firearm with Drugs charge in a Louisiana court?
Range of Defences you could use.
What Would You Be Your Sentence If You Are Found Guilty of Possession of Firearm with Drugs in Jefferson Parish?
Great Value of Legal Counsel
How does Louisiana Law define Possession of Firearm with Drugs Jefferson Parish?
This Louisiana law is based on La RS 14:95 E. This statute expresses that it is not lawful to own, possess or use any weapon or weapon that can be taken at as a dangerous firearm while in possession of illegal drugs. It also cannot be used to commit a minor crime and cannot be retained while it is unlawfully possessing a potentially dangerous substance.
How can one defend themselves against Possession of Firearm with Drugs charge in a Louisiana court?
There are defenses available in a case of you being charged with possession of firearm and drugs. The facts and cases are always not the same. The defenses to drug possession or gun charge are fact-intensive. The prosecuting team must prove that the defendant intentionally had the guns and the drugs. Defenses are always available in finding holes in how the prosecutors can prove you wanted to possess those items.
You would need an experienced legal team like Barkemeyer Law Firm. These gun and drug cases are handled by us in Louisiana daily.
If you are charged with possession of firearms or drugs for public use with intent to use for sales, a criminal lawyer can help determine which set of defenses could be applied to your case. Some defenses help you by challenging the stated evidence, facts, or testimony in the case. Some attack the errors gotten from the procedures while some defendants hit the drug possessive charges based on confirmation of the truth to your defense.
Possible Defenses
Unlawful Seizure and search
From the law, you as a citizen is guaranteed to a due process of law, this includes lawfully searching and seizing procedures before a person can be arrested. These search and seizures issues are usually how most drug charges are defended.
Drugs Belong to Someone Else
You could state the drugs caught in your possession belongs to someone else, not you. To simply say you did not do it. You could state you did not know what it was doing in your car or your house. A skilled defense attorney like those you could get from the Barkemeyer Law Firm would pressure the prosecuting team to prove that the drugs found in your apartment or car belonged to the client of the prosecutors and not the defendant.
Criminal investigation
Just because something resembles cocaine does not mean it is cocaine. Other things like flour are like cocaine. Lawyers must make sure that hidden goods present in the plaintiff’s claim. You must be allowed to go to the Criminal Investigation Laboratory for investigation. In that case, the investigative journalist will testify to the alleged drug abuse.
No drugs
The other protection you can use is that the drugs you are accused of cannot find. If the drug you are accused of is not available, your case will be removed. There must be traps that hold them properly and that before they reach the checkbox they may be missing. If it is not for trial, the case will close and you can leave.
Entrapment
While the members of the police are setting up sting operations, when officers make a suspect commit a crime they wouldn’t commit normally, this is known as entrapment. If an informant makes a suspect give a third-party member these drugs, this is considered to be entrapment. This happens when the state provides the illegal drugs.
Medical Marijuana Exception
There’s the medical marijuana exception which does not serve as a defense for federal drug possession court. But it could be used in images where medical marijuana is okay to use by those who need it. In these cases, you need a recommendation that is signed by a doctor.
What Would You Be Your Sentence If You Are Found Guilty of Possession of Firearm with Drugs in Jefferson Parish?
If convicted of drug and drug misuse in Louisiana, you can be sentenced to five to 10 years without probation, parole, or suspension of sentence. Regardless of the decision, prosecutors believe the matter is important because there are weapons and drugs. If you need a criminal defense lawyer in Jefferson of Louisiana, such as Metairie or Gretna, contact Barkemeyer Law Firm.
If you are sentenced a second time, you will be sentenced to a maximum of 25 years’ imprisonment for up to 30 years and you cannot wait for it to be removed or with a suspended sentence.
Criminal Defense Attorney in Jefferson Parish
The Barkemeyer Legal firm are a group of criminal defense attorneys who can help you with your possession of firearm with CDS charge in Jefferson Parish. With them, you are sure you’ll get the best deal yet because they have defended clients with these charges for years in Louisiana. We are always here to help.
