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.
In the state of Louisiana, the common drug charges one may face are either possession with intent to distribute or merely possession. These are seen as felony charges, except when a person possesses marijuana for the first or second time.
The authorities try to determine when a person is caught with drugs, whether it is only possession or there was a plan to distribute it. They determine this by the amount of drugs found, the way they were caught, and so on. The possession drug charge carries a lighter sentence when compared to its counterpart. Immediately you are arrested for either of the above; it is advised that you contact a criminal attorney in Baton Rouge immediately to discuss the severity of the crime and the way forward. Usually, the authorities may not know if it is possession or possession with intent to distribute initially, some arrestees end up incriminating themselves with their words or actions. To prevent this, you need a criminal defense attorney in Baton Rouge around you when you are arrested to prevent this from occurring.
Were you caught in a vehicle with others that had illicit drugs or prescription drugs without the needed prescription, and the prosecutor is trying to pin a charge of possession with intent to distribute? You need to contact your drug charge attorney in Baton Rouge immediately. Don't wait until you are arraigned before you get an attorney to stand in for you. Don't think that because you feel that you are innocent, you will walk away free. We have seen accused people that are innocent, spending a long time in prison for a crime that they didn't commit. You need a drug attorney in Baton Rouge immediately you are arrested, whether you are innocent or not.
There are other drug-related crimes that the actual drugs aren't involved in them. Some example are carrying drug paraphernalia, as well as an illicit weapon that has a CDS.
If the accused is found carrying these objects, as well as drugs, it could lead the accused being slapped with a criminal charge. If the person is caught with only the paraphernalia and not the drugs, the person may still have to face a criminal charge.
Drug Paraphernalia
Possession of drug paraphernalia can also be charged if a device for using drugs is found. Includes such things as: pipes, grinders, scales, hypodermic needles, burnt spoons, pipes, bongs, cut straws, baggies, etc. This is a misdemeanor, except upon third offense, which is a felony.
Residue on objects, as well as their proximity to drugs and drug use are some of the factors in determining whether an item is (or is not) drug paraphernalia. See 40:1022. Specific items of paraphernalia are often directly associated with the use of specific types of drugs and can, therefore, be useful in proving possession or PWID those drugs.
How will someone be charged with having drug paraphernalia? If it is shown that the object with you is used solely in taking in these illegal drugs or operating an illegal drugs warehouse, you may be charged with a criminal crime, whether there were drugs nearby or not, but the authorities would have to prove that these objects were used in handling illicit drugs.
When you are arrested for having drug paraphernalia, whether you knew it was for preparing, using, or transporting drugs, you need to contact a good drug attorney in Baton Rouge.
Some things that may be called drug paraphernalia are baggies, cut straws, bongs, pipes, burnt spoons, scales, grinders, hypodermic needles, and so on.
This isn't a felony like possession of drugs or possession of drugs with to distribute. It is a misdemeanor, except when it is seen as a third offense.
The authorities can prove that the drugs were used by the drug paraphernalia by checking if there were drugs nearby or if the drugs have been used too. Other factors are used when determining if an object is drug paraphernalia.
Some items that are motley used with some drugs are great in showing that there was the possession of such drugs too.
La RS 40: 1023 states the following regarding drug paraphernalia:
A. Distribution of Drug Paraphernalia. It is unlawful for any person or corporation, knowing, or under circumstances where one reasonably should know, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person any drug paraphernalia.
B. Display of Drug Paraphernalia. It is unlawful for any person or corporation, knowing, or under circumstances where one reasonably should know, to display for sale or possess with the intent to distribute, any drug paraphernalia.
C. Possession of Drug Paraphernalia. It is unlawful for any person to use, or to possess with intent to use, any drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this Part.
Distribution of Drug Paraphernalia
According to the law, it is said to be unlawful for anyone or firm to lend, sell, lease, exchange, hand over and so on, drug paraphernalia to another individual. If caught, you could face a criminal charge. Immediately you are caught, you need a criminal defense attorney in Baton Rouge to handle the situation, look at the facts of the case and loopholes.
Display of Drug Paraphernalia
According to the state and federal laws, it is illegal for an individual of a firm to show the drug paraphernalia for sale. There is no condition that allows this. If you are caught, you can be arrested and charged for it. There shouldn't be an intent to distribute such paraphernalia. Immediately you are faced with such a charge, contact a drug charge attorney in Baton Rouge.
Possession of Drug Paraphernalia
According to the state and federal laws, it is illegal for an individual or firm to have drug paraphernalia, whether to use it to plant, harvest, create, convert, compound, pack, inhale, test, repack, or to do anything with it that is related to drugs. Violating this could come with penalties.
Penalty for Drug Paraphernalia in Louisiana
When you are caught, arrested, prosecuted and sentenced for possessing, displaying, and distributing drug paraphernalia, you may either pay a fine of three hundred dollars or spend from 0-15 days in the parish jail. Sometimes, it may be both.
This is seen as an enhanceable charge, meaning that if you get convicted more, the penalty becomes worse. If you are caught with drug paraphernalia again, you can spend up to six months in jail.
If you are caught for this time, you could end up spending up to two years in custody.
Illegal Carrying of Weapon w/ a CDS
Illegal carrying of weapons is charged when the defendant possesses a weapon while in possession of a CDS. In Possession of CDS cases, if the CDS involved is Marijuana, the offender MUST be in possession of “14g or less” of that substance. However, there is no weight cut-off for Marijuana if “sale or distribution” is alleged. Weapon is defined as, “any firearm or other instrumentality customarily used or intended for use as a dangerous weapon.” Click here to learn more on Illegal Carrying of Weapon with CDS in Louisiana.
How Can Carl Barkemeyer Help You?
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 battlin
g 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.
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