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.
The arraignment takes place after the prosecutor files a Bill of Information or obtains an indictment. The prosecutor has to obtain all the reports from the arresting officer and this can take several weeks. Once he gets them, he decides whether or not he wants to prosecute. If he decides he wants to prosecute, he will file the Bill of Information or get a grand jury indictment. Then, the case will be set for an arraignment date. The only way that a defendant is arraigned while he is in jail is if he does not bond out. If you have a drug charge and need a drug crime defense attorney in Louisiana, contact us at (225) 964-6720. We handle drug charges anywhere in Louisiana.
Possession with intent to distribute drugs is when the offender allegedly possesses a controlled dangerous substance with the intent to distribute that substance. This is a felony charge which will require the defendant to be present during the arraignment. At the felony arraignment, you will be informed of the charges against you. Sometimes, if you arrested for drug possession, the prosecutor may actually formally charge you with possession with intent to distribute, and vice versa. At the arraignment, you will find out exactly what the charge is that you have to deal with. If you hire a Louisiana defense attorney prior to the arraignment, he may already have that information for you.
Drug distribution is known as drug dealing, or the sale of narcotics. Drug distribution in Louisiana requires that the defendant be physically at the arraignment. It is a good idea to have your criminal attorney hired by then so he can accompany you and help you through it. If you cannot get a lawyer by then, you can let the judge know you plan to hire a criminal lawyer or that you cannot afford one for your drug charge and you will need the judge to appoint the public defender to represent you on your drug charge.
The Louisiana law regarding arraignment for drug charges requires the defendant to be present for felony arraignments. Depending on the judge, he may allow your drug defense attorney to be present for you if the drug possession is a misdemeanor possession of marijuana. We always try to be there for our clients on misdemeanor cases whenever possible so our client can go to work or school instead of going to court.
Usually, when people are arrested, including those that haven't gotten the bail, tend to seek information concerning when they will get to see a judge. That's not all. They have the intention of finding out what changes they must have committed to keeping them in prison if they can be released on bail, as well as other things that can be gotten when they go for their first court appearance in front of the judge. This first appearance is called arraignment in a lot of states, including Louisiana. Those states that do not call it arraignment, call it 'the first appearance.
To find these out and more, you need a drug attorney in Baton Rouge to help you through every step of the way.
It doesn't matter what name it is called; it is illegal for the authorities to keep people locked up indefinitely. This is one reason we always advise our clients to know their rights.
Without the needed permission from the judicial sector, the authorities aren't allowed to hold a person for an indefinite period.
Usually, the time that the first appearance is expected to occur usually varies from one crime to the other, and one jurisdiction to another jurisdiction. In some state laws, there is a specific amount of time that the authorities are allowed to hold someone without cause or judicial reason. In other states, there is no specific amount of time, though their law frowns against the delayed holding of a person without cause.
This is one reason you need a drug attorney in Baton Rouge to ensure that your rights aren't violated when you have been brought in for a drug-related crime.
Louisiana and some other states in the US are known to carry out arraignment when the prosecutor has filer the needed indictment or Bill of Information.
It is needed that the prosecutor has access to every report concerning the drug case from the arresting officer. In some cases, this could take some weeks. Don't wait until you are summoned before you start looking for the criminal defense attorney in Baton Rouge that will handle your matter. Immediately you are arrested by the Police, contact a Baton Rouge criminal attorney.
Immediately the prosecutor gets the indictment; he can choose to either prosecute the case or drop it. If he has decided that he wants to go ahead of the prosecution, he tries to obtain a grand jury indictment or have the Bill of information filed.
After that, an arraignment date is then set for the case. This is the first appearance of the accused, and your criminal attorney in Baton Rouge must be present through everything. Don't be tempted to represent yourself because it seems like a mere arraignment to you. Don't think that taking a crash course in drug law will save you while you defend yourself. Don't think of using a crappy lawyer because a drug law is something that is deemed extremely serious in Louisiana, and the US at large. An avoidable mistake could put you behind bars for a long time.
When the accused is said to have been caught with drugs, and there has been proved to show that he or she has an intent to distribute, this is the drug charge that the person would be facing.
This could be if you were caught in a car, transporting the drugs. This could be seen as possession with intent to distribute. If a person is caught with drugs in a corner, trying to peddle it, that's possession with intent to distribute. This is seen by the court as a felony charge, meaning that the accused must be at court during the arraignment. He isn't permitted to be absent.
During the arraignment, you are told about the charges that you were arrested for.
It is not in all cases that an accused is caught with drugs that the prosecutor would charge the person with possession with intent to distribute.
It is at the arraignment that you know the changes that you are facing, and what to expect. This is one reason that you need a drug charge attorney in Baton Rouge there with you at the arraignment and before the arraignment.
Many prosecutors are overzealous and tend to use drug cases to climb up the ladder of success. The job of a drug attorney in Baton Rouge is to ensure that unnecessary charges dropped.
What the state of Louisiana sees as drug distribution is the sale of narcotics. When it comes to this, you must be around during the arraignment. You need a lawyer by your side at that moment. Don't ever go there without an attorney because you may end up being eaten alive by the prosecutor. Going to an arraignment without a criminal defense attorney in Baton Rouge is a great way to give the prosecutor an edge.
At an arraignment, the court at that moment tells the defendant about the charges, the rights that he or she has, especially the rights to an attorney present.
If an attorney isn't around, the court may go ahead to ask the accused if he or she has any intention of hiring a drug charge attorney. If not, does he or she want a public defender?
It is at the arraignment that the bail conditions are reached. The court decides there and then if the accused should be released on bail or remanded in prison. If released on bail, how much it would cost.
Usually, in a drug charge in Louisiana, the accused isn't released until arraignment.
Here at Carl Barkemeyer, we are a criminal defense lawyer in Baton Rouge who helps in protecting your criminal record as well to ensure you don't get to go through all the troubles of finding a job or getting a scholarship. We are here to represent you in court in the most aggressive way possible and work towards giving you the best option you can get for your case.
We are a drug charge lawyer that cares about you as well and ensure you get the help you need if you are battling with addiction. We believe in transparency and work for hand in hand with you; therefore, you are always updated on your case.
We advise you to call us as soon as you've been charged as delay could be denial. So, if you are looking for a good criminal defense attorney or a drug charge lawyer in Baton Rouge, why not contact Carl Barkemeyer today?
If you have drug charges and need a drug crime defense attorney within Louisiana, call us at (225) 964-6720. We help handle drug charges anywhere in Louisiana.
If you have an arraignment coming up for a drug possession or drug distribution charge in Louisiana and need a drug crime attorney in Louisiana, contact us at (225) 964-6720. We are lawyers for drug charges anywhere in Louisiana, including Baton Rouge, West Baton Rouge, Port Allen, Livingston, Denham Springs, Ascension, Gonzales, Tangipahoa, Amite, Hammond, Covington, Slidell, St. Tammany, and more.
Answers to Drug Charge Questions
H. Taylor - Baton Rouge, Louisiana