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.
Possessing an illicit or controlled substance with the intention of distributing or selling it is seen as a severe crime. Immediately you are arrested for such a crime, it is important that you contact Carl Barkemeyer, possession with intent to distribute lawyer in Shreveport to handle the case.
Possession of an illicit substance isn't as severe as possession of an illicit substance with intent to distribute. There are some elements that separate both crimes from each other.
For drug possession to be proven, it means that you have illegal drugs on you. It could be in your bag, car, or pocket. It also means that the drug is in your control, whether it is on your or not. This is why you are said to possess illicit substances if the substances are in your car or house.
Before it can be proved that someone has possession, the prosecution should prove beyond a reasonable doubt that he knew that the drugs existed in his control or possession. If a possession with intent to distribute lawyer in Shreveport can prove that you didn't know that the drugs were in your possession or that it was planted on you, there is a great chance that the charges will be dropped.
The prosecution can use the fact that you should have known that you possessed the drugs in their case against you.
The prosecution should also prove that the person under investigation had plans of selling the drugs. The team should prove beyond a reasonable doubt that instruments proving this existed at the time of the arrest.
If you are caught with scales, bags, business cards, a large sum of money and other paraphernalia of drugs, there is a great chance that you could be arrested for possession with intent to distribute. If the prosecution team can prove that there were communications from clients to sell the drugs, then it can be proved in court.
The amount of fines that may be charged and the length of the prison term depending on what class the controlled substance falls under if the person has a past record if a child was involved and so on. Sentences for possession with intent in Caddo can range from felony probation to up to 40 years in prison.
Have your drug defense lawyer present. 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.
Should you utter anything while being arrested? 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.
Should your loved ones talk about you? It is important that you let your loved ones that they are not under obligation to cooperate with the Police. They have the right to a lawyer being present when they are interrogated about your crimes.
Turn down their request to look around your home. 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.