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.
Drug possession is a serious crime in Shreveport, Louisiana. Federal laws, as well as State laws, have made it a crime to possess illegal drug substances or controlled substances such as marijuana, cocaine, methamphetamine, and heroin. Note that it is a crime if you possess these drugs willfully. Yes, most times some people do not know they have drugs and they can use this in a law court.
Now, before you're convicted of drug possession, certain things need to be checked. They are:
· That you were knowingly in possession of illegal substances. The drugs need to be identified
· The geographical area or place of possession
· The amount of illegal substances in your possession.
You should know that laws concerning drug possession differ from state to state. Although before conviction, it needs to be proven that the defendant was in willful possession of drug substances. This is when you need to know the laws concerning drug possession in your state of residence. This also applies if you want to travel to another state. You should know the laws of that particular state concerning drug possession. Let's break this down.
A drug substance may be illegal in one state but legal in the other. Therefore, if you're moving to a state with tight laws on drug possession, you need to check yourself.
Also, states have categorized drug cases and treat them separately. In some states, they have legalized marijuana for medical use and even recreational purposes. Therefore, you should know your stare rules concerning all drugs to avoid being caught unawares.
You can't discuss or talk about drug possession without reference to constructive possession. This is a situation whereby the defendant has access to illegal drugs not under his or her position at that particular time. It may be that the person has the key to a room or vehicle filled with controlled substances. In this way, you can still be charged for drug possession.
There are two types of drug possession namely:
· Simple possession: This entails possessing drugs for personal use.
· Possession with the intent to distribute: In this case, you possess the drugs to sell or distribute to others. In other words, it means you are a drug dealer. This particular aspect has more penalties if you're eventually caught. To prove that you possess drugs with the intent to distribute or sell, there needs to be evidence such as a large number of illegal drugs, measuring scales, a large amount of money or testimony from witnesses.
There are situations whereby controlled substances can be prescribed to you by a medical practitioner. In this case, you need to have a medical report stating that it was given to you by a professional doctor.
These drugs see called controlled substances because they have certain side effects. Now, they can be medicinal at most times. But too much use of it may cause addiction which is why the government placed a ban on it. Therefore, before having these drugs, it needs to be prescribed and you must have proof else you will be arrested and charged.
Louisiana is a great state. However, a lot of drugs are illegal to use in this state. Drug possession is a serious offense with serious penalties and it is considered a felony.
What is considered as drug possession in Louisiana is if you are caught with amounts of drugs. These drugs should be scheduled substances. Note that there are Schedule I drugs, Schedule II, III, IV and so on. Each of them has its stage of severity which is what the court looks into.
In Louisiana, the charges are based on the type of drugs you're found with. If it's a Schedule I drug, you're likely to face tougher penalties than a person found with Schedule II drugs. Therefore, the more dangerous and addictive a drug is, the more the penalty.
The drug possession penalty in Shreveport is based on certain things. In this way, some penalties may be higher than the others. However, the general penalty is paying a fine and serving a jail term. The penalty is also given on how much drugs you have. For instance, if it is up to 400 grams, you'll pay a fine of not less than 250000 dollars and a jail term of not less than 15 years. In some cases, you'd pay a fine and also serve a jail term.
If you are lucky to hire the services of a good criminal defense attorney, however, you might just have your charges reduced.
If you or someone you know has been arrested for drug possession in Caddo Parish, it is not a time to panic. You only need to follow the right procedure to make your judicial proceedings seamless.
First, you should get legal help and you'd do this by getting in touch with a drug possession lawyer in Shreveport. The lawyer should be professional enough to be able to put you on the bright side. A criminal defense lawyer who knows his job well will let you know everything about your crime and what to expect from the case while trying to reduce your charges.
Carl Barkemeyer has all it takes to help you with your judicial proceedings. For one thing, we understand the Louisiana state and its stand on drug. Therefore, we know the angle to help you.
We aim to get our clients reduced charges if not beat the drug possession charges completely. We also try to make you have an advantage over the court.
Therefore, if you have a drug case at the Caddo Parish Courthouse, do well to contact us.
H. Taylor - Baton Rouge, Louisiana