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Possession of a controlled substance while holding a firearm is a violation of federal and state laws. The controlled substances are those that are addictive, come with negative effects and do not have medical value.
The amount that you have and if you have a gun can determine if you will be charged for misdemeanor or felony charges.
Usually, possessing a gun and controller substance is seen as a separate charge. This is more severe than merely possessing a controlled substance.
If you are armed and possess illicit drugs such as Cocaine, Methamphetamine, Heroin, and PCP, there is a great chance that you may face a felony charge.
For it to stick, it should be proved that the person knew that he or she had both the drugs and the firearm.
If you are in a fix, contact a possession of a firearm with a drug lawyer in Shreveport to handle the situation.
If you are convicted of this crime, there is a great chance that you will be a felon. The usual penalties are 5-15 years in a State Prison, without probation, as well as fines that could shoot up to $10,000.
Stricter penalties are given to those with a larger amount of illicit substances and more dangerous firearms.
There are defenses that one could create for a controlled substance while armed charge and they are:
The substance they were caught with was not an illicit one.
The firearm they were caught with was not a real one, or the firearm wasn't present when they were caught with the possession of illicit substances.
The firearm or drugs were found during an illegal search of their home or car.
The firearm wasn't loaded when found.
Every Possession of Firearm with drugs lawyer in Shreveport that knows his onion-like Carl Barkemeyer, Criminal Defense Attorney will advise you to do the following:
Talking isn't right. When you have been arrested, you should not answer any questions that you may be asked by the Police officer. The Miranda rights allow you to keep mute and ignore whatever the officer says. It is important to note that whatever you utter can be used against you when the case gets into court. They will try different means to get you talking and spilling the beans on yourself, ignore those attempts. They may say how they are interested in getting you off the hook. This should be taken with a pinch of salt. Many officers are interested in advancing their careers, and not getting you off the hook. They are more interested in climbing up the ladder by sealing more cases than helping prove your innocence. Ignore their words and ask to see your attorney.
Being rude and not asking for a possession of firearm with drugs lawyer in Shreveport isn't right. Do not behave in a bad manner to the officers. Do not yell at them. Do not threaten them. Do not say anything that will come off as disrespectful. Keep quiet and remain calm. Immediately you are arrested, you have the right to have an attorney present during interrogation. Under no condition should you interact or say anything to the officers when your attorney isn't present. It may end in tears. Officers are trained in the art of manipulation. When you mention anything, they twist your words and use them against you.
Ensure that your attorney is always there when any discussion is made. Under no condition should you agree to talk to officers without your lawyer being present. It is paramount that your attorney is around when any lineup or testing procedure is being done. If they want to take your blood, ask that your attorney be present. Ask that your lawyer handle the prosecutors and police. If they want to give you a type of deal, let your lawyer negotiate the terms. Do not do that yourself. Ask that your lawyer looks for witnesses. If you know any witness that can corroborate your story, tell your lawyer immediately. Do not hide material facts of the case from him or her, no matter how gory it is. It saves you from getting a deep pile of mess. Remember that there are lawyer and client privacy laws that prevent the former from testifying against the latter, even when there is a falling out. Whatever you tell your attorney stays between both of you.
Denying them access to search your home is the right thing to do. When you are arrested for a crime outside your home, do not give the officers permission to enter your home. If you are arrested outside your home, the officers have no right to enter your home to search, if they do not have a search warrant or probable cause. Any evidence that they get from an illegal search can be deemed as ineligible in the court case against you.
This has made many officers become tricky in their actions. They can tell you to allow them to call your loved one inside your house for you. Do not give them permission to do that.
They may claim that they would allow you to wear more clothing or get evidence from inside your house to show them that you are innocent. Do not agree.
Under no condition should you allow them to enter your home because whatever thing they stumble on in your house can be used against you in court and it will be legal. This is because you gave them the right to enter your home.