Possession of Firearm with CDS in Louisiana

Illegal Carrying of a Weapon with CDS Lawyer in Baton Rouge

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.

Possession of a firearm while in possession of CDS (controlled dangerous substance), aka drugs, is a serious felony offense in Louisiana. It is usually a charge that is added on when the officer discovers a weapon is present after he conducts a drug arrest.  The charge is often referred to as the “trigger-lock” charge because the gun locks in the conviction.  The reason is that a charge for illegal carrying of weapons with CDS in Louisiana carries a sentencing range of 5-10 years in prison without benefit of probation, parole, or suspension of sentence.  This is a rough sentence.  Prosecutors take this gun charge seriously because drugs are involved. Contact if you need an attorney in Baton Rouge or anywhere in Louisiana for a possession of drugs and gun charge.

 

What is Possession of Firearm with CDS in Louisiana?

The charge is statute La RS 14:95 E.  It states that it is illegal to use, possess, or have under his immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon,

1. while committing or attempting to commit a crime of violence, or
2. while unlawfully in the possession of a controlled dangerous substance, except the possession of fourteen grams or less of marijuana, or
3. during the unlawful sale or distribution of a controlled dangerous substance

 

Illegal Carrying of a Weapon with CDS Sentence

The offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than five (5) nor more than ten (10) years without the benefit of probation, parole, or suspension of sentence.

Upon a second or subsequent conviction.  The offender shall be imprisoned at hard labor for not less than twenty years nor more than thirty years without the benefit of probation, parole, or suspension of sentence.

 

Defenses to Possession of Firearm with CDS

Although possession of firearm with CDS is a very serious charge, there are defenses.  Every case is different and facts are always different.  The defenses to any gun charge or drug possession charge are always fact-intensive.  The prosecutor must prove that the defendant knowingly and intentionally possessed the drugs and gun.  We can find defenses in these possession cases by finding holes in their ability to prove possession.  An experienced criminal lawyer that handles drug and gun possession cases regularly knows what to look for.  We handle these drug and gun possession cases in Louisiana every day.

 

Defense Lawyer for Possession of Firearm with CDS

Carl Barkemeyer is a possession of firearm with CDS lawyer in Baton Rouge. He has successfully defended clients with these charges in Louisiana for many years. See some of his informative videos to learn more on the strategies and tactics he uses to defend his clients.  Contact us at 225-964-6720 if you or someone you know has been charged with illegal carrying of a weapon with CDS in Baton Rouge, Livingston, Port Allen, or anywhere else in Louisiana.

 

How to Handle a Possession of CDS Charge

CDS simply means Controlled Dangerous Substance. The federal law prohibits the possession of CDS as they are substances found to dangerous and damaging based on their potential for abuse. Controlled Dangerous Substances are drugs regulated by federal laws. Possession of these drugs without a valid prescription is a serious offense under the law. The result of the possession of a CDS charge is often disastrous if the offender does not know the right way to go about managing the case.

It is illegal in Louisiana to have CDS. These drugs have been put into 5 schedules based on the potential of abuse and dependency. Those that have medical uses require a valid prescription for possession.

Classification of CDS

Louisiana classifies CDS into 5 schedules, with the schedule I being the class of the most dangerous drugs. The drugs in schedule I have the highest probability or potential of abuse and addiction, and usually with no recognizable medical use. The classification of drugs into CDS is used to determine the penalties for possession of specific CDS.

• Schedule I Substances

This schedule consists of narcotic drugs or any material, substance, preparation, mixture or compound containing narcotic drugs or their salt. Not more than 1 mg of difenoxin, not less than 25 micrograms of morphine sulfate per dose, and Dextropropoxyphene.

• Schedule II Substances

Schedule II contains depressants. Any material, substance, preparation, mixture or compound containing any quantity of depressant drugs, including their isomers, salts, or salts of isomers of the following depressants;  Alprazolam, Barbital, Bromazepam, Camazepam, Mebutamate  Medazepam, Meprobamate, Chloral betaine, Choral hydrate, Clobazam, Clorazepate, Clonazepam, Clotiazepam, Cloxazolam, Delorazepam, Diazepam, Dichloralphenazone, Estazolam, Ethchlorvynol, Ethinamate, Pinazepam, Prazepam  Quazepam Ethyl loflazepate, Fludiazepam, Flunitrazepam, Ketazolam, Loprazolam, Lorazepam, Lormetazepam, Methohexital, Methylphenobarbital (mephobarbital), Midazolam, Flurazepam, Halazepam, Haloxazolam, Nimetazepam, Nitrazepam, Nordiazepam, Oxazepam, Oxazolam, Paraldehyde, Petrichloral, Phenobarbital, , Temazepam, Tretrazepam, Triazolam, Zaleplon, Zolpidem, Zopiclone, and Chlordiazepoxide.

• Schedule III Substances

Schedule III contains Fenfluramine. Any material, substance, preparation, mixture or compound containing any quantity of Fenfluramine, including its isomers, salts, and salts, of isomers.

• Schedule IV Substances

Schedule IV contains Stimulants. Any material, substance, preparation, mixture or compound containing any quantity of stimulant drugs, including their isomers, salts, or salts of isomers of the following stimulants; Cathine (norpseudoephedrine), Diethylpropion, Fencamfamin, Fenproporex, Mazindol, Mefenorex, Modafinil, Pemoline, Phentermine, Pipradrol, and Sibutramine.

• Schedule V Substances

This schedule contains other substances. Any material, substance, preparation, mixture or compound containing any quantity, including the salts, isomers, or salts of the isomer of Pentazocine and Butorphanol.

How to determine if you are illegally in possession of controlled substances

If the police find you in possession of CDS, it doesn’t automatically mean you will be convicted for possession CDS. Before you can be convicted, it must be proven that you were illegally in possession of the substance. The guilt of possession of controlled substance can be determined in the following ways;

• Actual possession: for a person to be charged for possession of CDS, they must know that they have possession of the substance and can exercise control over it. A defendant must have physical control over the drug before they can be charged for possession of CDS. You can’t possibly be guilty of possession of CDS when you don’t know it is in your possession. A common example is when someone drops their drug in your bag without your consent or knowledge. We can’t say that you have actual possession of CDS in such a case.
• Constructive possession: This is another form in which a person can be charged for possession of CDS. In this case, the drug may not be found on your body but it is found in your property. If a CDS is found in your property or around you, you are constructively in possession of the substance. The police, therefore, have to prove that you intend to exercise control over the drug found in your home, car, etc.
• Shared possession: You can be charged for possession of CDS even if you do not have exclusive possession of the substance. For example, if your friend brings a controlled substance into your car, you can be charged for shared possession.

Penalties of Possession of CDS

Possession of CDS is one of the crimes with the most severe penalties. Louisiana has a very low tolerance for possession of drugs. The severity of the penalties for possession of CDS depends on factors including the schedule of drug involved, the site of possession, and the criminal history of the offender.

• Fine: many possession of CDS conviction requires the offender to pay fines, ranging from minor fines of up to $100 to major fines of up to $100,000 or more. For example, possession of 400 grams of a schedule I substance can incur a fine of up to $250,000 along with other penalties. The amount of fine depends on the schedule of the drug and the amount found in possession of the offender.

• Jail time:  upon possession of CDS conviction, the offender may be incarcerated in the county jail. Jail time depends on the schedule of drugs, the number of drugs caught with, the site of possession and others. Jail time for possession of CDS can range from a few days to 10 years or more.
• Probation: probation sentences are given in possession of CDS cases along with other penalties. A probation sentence requires the offender to go for regular checks with a probation officer while also obeying probation terms.

Drug Defense Lawyer

Due to the significant consequences and penalties associated with possession of CDS crime, you need to get a drug defense lawyer to defend your case. Upon an arrest, you should contact your lawyer as soon as possible. A defense attorney can make a difference between you getting a conviction or getting your case dismissed.

The proper way to manage possession of CDS case can is to get through to Carl Barkemeyer as soon as possible. Delay can be dangerous when it comes to possession of CDS crime. Carl Barkemeyer has lengthy experience in criminal cases, trust him to help with proper defense and representation on your case. Contact the Barkemeyer Law Firm to see if he is the best lawyer in Louisiana for your case at 225-964-6720.

Areas We Provide Drug Charge Defense

We represent clients charged with Possession of Firearm with CDS throughout Louisiana. If you need a lawyer for Illegal Carrying of a Weapon with CDS anywhere in Louisiana, contact us at one of our five locations. Some of the areas may include:

Acadia, Church, Point, Crowley, Rayne, Allen, Kinder, Oakdale, Oberlin, Ascension, Donaldsonville, Gonzales, Port, Vincent, Assumption, Napoleonville, Pierre, Part, Avoyelles, Bunkie, Cottonport, Marksville, Beauregard, DeRidder, Bienville, Arcadia, Gibsland, Mount, Lebanon, Ringgold, Sparta, Bossier, Barksdale, Field, Bellevue, Benton, Bossier, City, Plain, Dealing, Caddo, Oil, City, Shreveport, Vivian, Calcasieu, DeQuincy, Lake, Charles, Maplewood, Sulphur, Vinton, Westlake, Caldwell, Columbia, Cameron, Cameron, Catahoula, Harrisonburg, Jonesville, Trinity, Troyville (now Jonesville), Claiborne, Haynesville, Homer, Concordia, Ferriday, Vidalia, De Soto, Grand, Cane, Logansport, Mansfield, East Baton Rouge, Baker, Baton Rouge, Port Hudson, Scotlandville, Zachary, East Carroll, Lake Providence, East Feliciana, Clinton, Jackson, Wilson, Evangeline, Basile, Mamou, Ville Platte, Franklin, Winnsboro, Wisner, Grant, Colfax, Machen, Montgomery, Pollock, Iberia, Jeanerette, New Iberia, Iberville, Plaquemine, White Castle, Jackson, Eros, Jonesboro, Vernon, Jefferson, Carrolton, Grand Isle, Gretna, Kenner, Metairie, Jefferson, Davis, Elton, Jennings, Lake, Arthur, Welsh, La Salle, Jena, Olla, Tullos, Lafayette, Lafayette, Youngsville, Lafourche, Larose, Lockport, Thibodaux, Lincoln, Ruston, Vienna, Livingston, Denham Springs, Livingston, Maurepas, Port Vincent, Springfield, Springville, Madison, Richmond, Tallulah, Morehouse, Bastrop, Natchitoches, Campti, Natchitoches, Orleans, Algiers, Lafayette, City, New Orleans, Ouachita, Calhoun, Monroe, West, Monroe, Plaquemines, Belle Chasse, Braithwaite, Dalcour, Point a la Hache, Pointe, Coupee, New, Roads, Pointe Coupee, Rapides, Alexandria, Cheneyville, Glenmora, Lecompte, Pineville, Red River, Coushatta, Richland, Delhi, Rayville, Sabine, Many, St. Bernard, Arabi, Chalmette, St. Bernard, St. Charles, Boutte, Good Hope, Hahnville, Norco, St. Rose, St. Helena, Greensburg, St. James, Bringier, Convent, Lutcher, Saint, Michel, Vacherie, St. John the Baptist, Garyville, La, Place, Lucy, St. Landry, Eunice, Opelousas, Washington, St. Martin, Breaux Bridge, St. Martinville, St. Mary, Berwick, Franklin, Morgan, City, Patterson, St. Tammany, Covington, Folsom, Mandeville, Slidell, Tangipahoa, Amite City, Hammond, Independence, Kentwood, Ponchatoula, Roseland, Tensas, St. Joseph, Terrebonne, Houma, Schriever, Waterproof, Union, Bernice, Farmerville, Vermilion, Abbeville, Gueydan, Kaplan, Vernon, Fort Polk, Leesville, New Llano, Simpson, Washington, Bogalusa, Franklinton, Webster, Minden, Springhill, West Baton Rouge, Port, Allen, West, Carroll, Floyd, Oak, Grove, West Feliciana, Bayou, Sara, St. Francisville, Winn, Dodson, and Winnfield.