Lafayette Drug Possession Lawyer
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Drug Possession Attorney in Lafayette, LA
A drug arrest is a threat to your record and can affect your future. Drug possession charges in Lafayette carry serious consequences. There are legal steps you can take right now to protect yourself with a seasoned Lafayette drug possession lawyer.
Over 25 Years of Courtroom Experience
At Stockstill Defense Firm, we’ve handled many drug crime cases, including high-stakes drug possession charges. Our background, combined with military service, gives us a practical and highly effective legal strategy for successfully defending our clients facing a possession charge. We have extensive experience with criminal defense in both state and federal courts throughout Lafayette.
What Is Drug Possession?
As of 2024, there were 122,280 residents in Lafayette. Lafayette’s population has grown by about 0.7% since 2020. Growth leads to increased policing, especially in high-traffic areas, and more people often means more arrests.
Drug possession in Louisiana is intentionally having certain controlled, illegal substances without authorization to do so. Drug arrests are serious, and even if you never go to jail, a conviction can follow you for years.
Want to learn more? Check out our blog on Louisiana drug possession laws.
Common Penalties for Possession
Penalties vary by drug type and amount. Simple possession of a more serious drug, like heroin, can lead to several years in prison. For marijuana, the penalties are much lower. The larger the amount of the substance, the more serious the charge can be.
Drug court can be available for those with no past criminal history and can be one of the few ways to avoid a conviction. Lafayette courts take controlled substance cases seriously, and drug crime prosecutors look for certain things to decide whether to push for more severe charges. Talking to a Lafayette drug crime lawyer early can help you understand how your charge is being handled.
Simple Possession vs. Possession With Intent
Lafayette prosecutors can upgrade charges to possession with intent to distribute based on the surrounding facts. Here are some elements they use to argue the intent to distribute:
Quantity of drugs
Larger amounts suggest more than personal use. Even if you say the drugs were yours, excessive amounts of a substance may lead to distribution charges.
Packaging materials
Things such as scales or baggies are seen as tools of drug distribution. Police often list these in arrest reports to justify upgraded charges.
Text messages
Messages that mention distributing drugs can be used as evidence. Police may pull these from your phone after an arrest.
Small bills
Cash in small denominations may look like it came from drug sales. Even if you have another explanation, prosecutors might still use this as evidence.
Admissions
Saying the drugs weren’t yours can backfire. Don’t say you were “holding” for someone else. Those words may be used to claim you were part of a drug transaction.
These factors often lead to much harsher penalties. Charges that start as simple possession can suddenly carry years in prison.
Defenses That Can Work
Every case has weak points. The state has to prove that you knowingly had drugs. One of the strongest defenses is an illegal search. If officers didn’t follow search and seizure rules, the judge may throw out the evidence.
Another option is challenging who owns the drugs. If you were driving someone else’s car, the state has to prove you knew the drugs were there. If they cannot prove this, the charge may not hold.
Sometimes, the state mishandles the drugs after they are confiscated. Lost evidence can weaken the prosecution’s case. A Lafayette criminal defense lawyer will go through and thoroughly examine all of the state’s paperwork to find those problems. They can use them to push for a positive outcome in your case.
What to Do After an Arrest
If you are arrested, your first actions are important. Comply with law enforcement, but stay as quiet and calm as possible. Do not admit anything without a lawyer present. Request to speak with your lawyer and state that you wish to utilize your right to remain silent. A defense attorney can sometimes also speak with the DA before charges are filed. That can make a major difference in what charges you actually face.
Why Choose Us?
Hiring a criminal defense attorney requires trust. At Stockstill Defense Firm, we bring over two decades of trial experience. We bring the benefit of a trial-tested advocate who has argued felony cases and negotiated plea deals to help clients avoid prison. Our dedicated legal team stays personally involved in every case.
FAQs
Q: How Long Do You Go to Jail for Possession of Drugs in Louisiana?
A: How long you go to jail for possession of drugs in Louisiana depends on what substance was found. For Schedule I drugs, a first-time offense can bring up to 10 years in prison. For less serious drugs, the sentence can be shorter. Repeated offenses or large quantities often increase jail time.
Q: How Do You Beat a Possession Charge in Louisiana?
A: To beat a possession charge in Louisiana, there are several methods. One of the most common is to argue that the search that led to the arrest was illegal. Sometimes, the police don’t have probable cause to search. If they did not follow proper search procedures, any drugs they found may not be used in court.
Q: Can Police Search My Property Without a Warrant for Drug Possession?
A: The police can often search property without a warrant for drug possession. If they saw or smelled drugs, they could legally search. Still, just because police say they had probable cause doesn’t mean they did. Officers sometimes conduct unlawful searches. If the search wasn’t legal, the court can throw out the evidence.
Q: What Should I Do After Being Arrested for Drug Possession?
A: After being arrested for drug possession, stay quiet. Don’t try to talk your way out of it. Anything you say can be used against you. Ask for a lawyer, then stop talking until you’ve spoken to one. Once released, write down everything you remember about the arrest. Those details can help your attorney find holes in the case.
Charged With Drug Possession?
No one should feel lost in a courtroom. Don’t let the state build its case unchecked. A drug charge isn’t the end unless you let it be. At Stockstill Defense Firm, we know the system and are here to help when you need it most. Schedule a consultation to start building your defense.
Schedule a Case Evaluation!
Your First Step Toward Building a Strong Defense.