It is not always easy to determine if you need the services of a New Orleans drug charge defense lawyer or New Orleans drug attorney. Drug lawyers provide a variety of services.
We have a proven history of successfully defending clients facing drug crimes. Contact us today for help with the criminal charges you may be facing.
The answer depends on the specific drug charge you are prosecuted for, the amount of drugs, and your criminal background. The drug statutes are listed below. Take a look to see if you can find your scheduled drug statute. For more information, give Barkemeyer Law Firm a call.
If you have been arrested for a felony or misdemeanor drug charge you need to contact an attorney such as Barkemeyer Law Firm right away. Any arrest warrants the need to hire a lawyer and get proper representation. Even for something seemingly very minor it’s important to seek out proper legal representation. This will ensure you will get the best outcome with any criminal charges you may be facing.
If you recently received a summons for marijuana possession, it’s important to contact a criminal defense attorney immediately.
If you have been formally charged by the District Attorney, you should seek out legal counsel as soon as you can.
If you have been arrested but given no court date, you still need to hire a competent drug lawyer such as Barkemeyer Law Firm. This is because of the fact that the court date could be coming after the DA bills the case.
Anybody who is under investigation by state or federal law agencies for a drug charge should have the assistance of counsel.
If you feel that you may be the target of a drug investigation, it’s important to consult with an attorney as well. Many times an attorney who specializes in drug crimes can guide you to making the best decisions and offer insight on whether or not you may have charges in your future.
Arrest
Bail determined by judge
Prosecutor obtains reports from the arresting agency
Prosecutor files bill of information or obtains a grand jury indictment
Arraignment date is scheduled for you to be informed of the charges filed against you
Motions date is scheduled for any necessary motions to be heard
Pretrial Conference date for the attorneys and judge to try to seek a resolution. This may come before a Motions date.
Trial is commenced only if the case cannot be settled. The defendant is entitled to a judge trial and a jury trial in felony cases.
Sentencing is conducted by the judge after a conviction occurs.
CDS stands for controlled dangerous substance. There are five types of CDS in Louisiana. The schedule a drug is listed in is based on the potential for abuse of that specific drug. Some common schedule 1 drugs are heroin and marijuana. Common schedule 2 drugs are cocaine and crack. Xanax is a schedule 4 drug. Steroids are schedule 5 CDS in Louisiana.
Illegal possession charges occur when a person knowingly or intentionally possesses a controlled dangerous substance without a valid prescription. Possession can be actual or constructive. Actual possession is when the drugs are found actually on the defendant.
Constructive possession is when the drugs are not physically on him, yet, he still has control and ownership of the drugs. An example of this is when he is driving down the interstate with 12 pounds of marijuana in his trunk. Distribution of drugs is when the defendant gives drugs to another individual when he does not authority to prescribe. There is no requirement for the exchange of money to take place.
Possession with intent to distribute is a more serious charge than drug possession and it carries more serious sentences. Possession with intent to distribute drugs involves facts that indicate the defendant was in possession of the drugs so he could sell or distribute to others. In other words, he was involved in drug dealing. Prosecutors are tougher on drug dealers than they are on drug addicts and users. Some facts that a prosecutor may use to prove possession with intent to distribute may include the presence of scales, individually-packaged drugs, cash, guns, and baggies.
Drug trafficking is drug possession involving a very large amount of drugs that is being transported. Most drug trafficking arrests occur on the interstate or major highways. Trafficking can be prosecuted on the state or federal level and trafficking charges in federal court involve much harsher sentences than in state court in Louisiana.
If an officer has probable cause to believe drugs are in a home, he must obtain a search warrant before entering the home, with some exceptions. The exceptions include exigent circumstances, the officer is in hot pursuit, or consent is given.
If an officer has probable cause to believe drugs are in a vehicle and exigent circumstances exist, he can search without a warrant.
A passenger can be charged with a drug crime, as a result of the legal concept of joint possession. Legally, two or more people can possess the same drugs. For instance, if a large amount of marijuana is found in the trunk of the vehicle when there is a driver and passenger, unless there is proof that it only belongs to one person, the prosecutor may charge both.
For a top drug charges lawyer New Orleans, choose Barkemeyer Law Firm.
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, and all of Louisiana.
DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.
