Many people have questions about Louisiana drug possession laws. Drug cases in this state carry serious consequences, and even a small mistake can lead to your life being upended overnight. Understanding Louisiana drug laws is the first step toward protecting your rights.
Criminal Defense Attorneys in Louisiana
Stockstill Defense Firm is based in Louisiana. We work in the 15th, 16th, and 27th Judicial Districts, and we have over 25 years of experience in criminal defense. Our exceptional legal team handles minor offenses as well as serious felony charges.
Understanding Louisiana Drug Possession Laws
Drug possession in Louisiana includes holding any illegal substance without a valid prescription. The law groups drugs into five schedules. Schedule I carries the harshest penalties. These include narcotics like heroin and LSD.
Being caught with any controlled substance can bring criminal charges. The consequences depend on the context of the arrest. Different parishes handle these cases differently, so local knowledge is important.
Over 4,597,740 people live in Louisiana. This number of people can lead to a significant number of drug arrests, and police have expanded surveillance in neighborhoods with frequent drug activity.
If you are arrested, a Lafayette drug crime lawyer can examine how the evidence was collected, and a strong legal defense may lead to reduced charges.
Common Defenses to Drug Possession Charges
If you face charges, your Lafayette drug possession attorney can use several defenses. The approach depends on the facts of your case. Common defenses include:
Illegal search
If officers search your property without probable cause, evidence may be thrown out. Courts can dismiss charges when your rights are violated.
Lack of knowledge
You must knowingly possess drugs to be found guilty. If the drugs belonged to someone else, your attorney may argue a lack of knowledge. This could also apply if drugs are found in a shared space.
Entrapment
Sometimes, law enforcement forces people to commit crimes they wouldn’t otherwise commit. That might qualify as entrapment. This often applies in undercover sting operations.
Misidentification
The substance could be a legal prescription. It could also turn out to be something else entirely, and the case might not hold in these instances. Mislabeling happens more often than you would think.
Diversion options
First-time defendants might qualify for pretrial diversion. Courts may offer treatment programs instead of jail time. Your attorney can advocate for these alternatives.
For guidance on related cases, visit our Lafayette criminal defense lawyer page for more details.
Possession With Intent to Distribute
The charges shift dramatically with intent. Prosecutors might believe you planned to sell drugs, and this doesn’t require proof of a transaction. Physical or digital evidence of sales can lead to these charges.
Convictions come with long sentences, and judges often deny probation for repeat offenders. They also treat cases with extra scrutiny when the case involves a large volume of drugs.
Even if this is your first arrest, a charge with intent to distribute can carry mandatory prison time. The state may also charge you with additional crimes tied to organized distribution. It could evolve into something more serious if money laundering is involved.
If this sounds like your case, a Lafayette white collar crime lawyer may also be needed, as these crimes could even be addressed by federal agencies.
Long-Term Effects of a Drug Possession Conviction
A conviction for drug possession can stay with you for years. You may lose access to jobs or housing programs. Felony charges carry both social and financial consequences.
Louisiana does offer paths to expungement, but only in certain cases. If the charge was dismissed, you may request a record clearing. If you completed a diversion program, you might qualify after waiting a set number of years.
In Louisiana, where 26.6% of adults hold a college degree, even a misdemeanor drug charge can harm your career. Employers often reject applicants with convictions, regardless of the circumstances. Working with an attorney who understands expungement law can give you a better chance of relief.
To learn more about how charges affect your record, visit our Lafayette DUI lawyer page for related criminal defense services.
Why Choose Us?
At Stockstill Defense Firm, we focus on criminal defense, nothing else. We have defended felony cases across multiple parishes. We know what works in front of Louisiana juries, and every client receives a custom strategy that suits their unique circumstances.
FAQs
Q: What Are the Penalties for Drug Possession in Louisiana?
A: The penalties for drug possession in Louisiana are drastic, even for small amounts. Penalties depend on the type of substance. For example, possession of a small amount of marijuana might carry a fine. In contrast, having Schedule I narcotics can lead to years in prison. Judges may consider the surrounding circumstances when determining a sentence.
Q: Are First-Time Drug Possession Offenders Treated Differently?
A: First-time drug possession offenders are treated differently compared to repeat offenders, and have some alternatives that aren’t available to everyone. Courts sometimes offer diversion programs in place of jail time. A judge may allow conditional dismissal if you meet certain requirements. Not every parish handles first offenses the same way, and it is essential to have legal representation who knows local court practices.
Q: How Does Intent to Distribute Affect Drug Possession Charges?
A: Intent to distribute can affect drug possession charges, and these charges are far more severe than simple possession. Prosecutors can use the amount of drugs as evidence of intent. If the court finds intent, your penalties increase. You could face years in prison even without a prior record. In Louisiana, these cases often come with aggressive prosecution.
Q: Can a Drug Possession Charge Be Expunged in Louisiana?
A: A drug possession charge can be expunged in Louisiana, but it is not guaranteed. You must meet certain legal criteria. If your case ended in dismissal, you might qualify. This might include completing a diversion program. However, some felony drug convictions cannot be cleared.
Facing a Drug Charge?
A drug possession charge in Louisiana is serious. With experienced counsel, it is possible to take control of the legal process. Contact Stockstill Defense Firm to speak with someone who understands all that is at stake for you and can take steps to protect your future.