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.
Drug distribution is considered as a very serious crime in the state of Louisiana. There are various charges related to illegal drugs and they each come with their individual charges and penalties. It could lead to lengthy prison sentences.
The possession of drugs with an intent to distribute is also considered as the intent to sell these drugs. This means that the distributor doesn’t just use or possess these drugs but also distributes and sells it to other people. This is considered a huge criminal offense in the state of Louisiana and the best way to fight this is by hiring a capable lawyer in the city of Monroe Louisiana.
When there is a possession of drugs with an intent to distribute, there is a need for circumstantial evidence. This evidence is required to prove without reasonable doubt that a person possesses these illegal drugs with the intention of selling it and this is usually based on the number of drugs. That is to say that if the quantity of drugs found in an individual’s custody is way beyond the amount for personal use, it is assumed they are keeping the drugs with the intent of distributing.
Other pieces of evidence that can be used against an individual include drug paraphernalia used in packaging, distributing and also weighing devices. There could be direct evidence such as an offender selling to a police officer without knowing.
When it comes to an intent to distribute, a person mustn’t necessarily have sold anything before they are charged. As long as they have a large amount that is beyond personal use, it is assumed that they are intended to distribute to others either for free or for sale. But as long as your prosecutor can prove you had the intent to sell or distribute illegal drugs, you could face penalties.
The distribution of drugs can also be known as drug trafficking. This is basically manufacturing as well as the distribution of controlled substances. In the state of Louisiana, drug distribution or drug trafficking is prohibited as the law states that selling, transportation and even the importation of illegal controlled substances are prohibited. Individuals caught engaging in such acts will be faced with harsh penalties from the law. This means you need the help of a criminal defense lawyer in the city of Monroe.
The distribution or the trafficking of drugs are also applied to the illegal circulation and distribution of prescription drugs and these include pain killers and sleeping pills. Some of these drugs also include hydrocodone products as well as pharmaceutical opiates.
The penalties involved in a drug crime are taken rather seriously in the state of Louisiana as they are either punished as a misdemeanor which is mild or a felony which is a lot more serious. Just the simple possession of an illegal drug can be charged as a misdemeanor especially on a count as a first offense. However, the severity of a case can increase as the offenses increase as well.
The possession of drugs with the intent to sell however is treated and charged as a felony especially on the case that itis a Schedule I drug. In a case where there are other aggravating factors present, then the offender stands a chance of facing harsher penalties.
Drug trafficking is also considered a felony offense that is punishable by the payment of either jail time or a fine. In some cases, it could be both jail time and a fine. The penalty for drug distribution is highly based on the number of drugs found and also the schedule of the drug which is found in possession of a person.
Generally, the penalty for illegal distribution of a drug classified as a Schedule I drug would be a lot harsher than a schedule IV or a schedule V drug. It is also important to know that the larger the number of drugs, the harsher the penalties.
An offender stands a chance of facing a heightened sentence if these factors are found present in their case;
· Sale of drugs to minor
· Sale of drugs on school grounds
· The schedule of the drug being distributed
· If children are involved
· If there is the use of an illegal firearm.
When you are arrested, the first thing you should do is request to talk to your lawyer and never talk to the police as you might end up worsening the situation. You could end up saying things that could make you seem more guilty than you already are. Also, ensure you do not act like you are guilty as this can work to your advantage. Don’t say anything about the drugs even if the police officers ask you questions as these are done to incriminate you further. You might also be provoked to say some words but you would end up regretting them so just keep quiet till your lawyer arrives and let them do the talking.
It is not advisable to go through a criminal case without a defense attorney by your side. You would end up causing more harm to yourself if you choose to represent yourself in court as you know nothing of a drug charge or drug penalties. In order to ensure that your case is properly investigated as well as monitored, you need to hire a great drug crime lawyer here in Monroe.
Carl Barkemeyer is a criminal defense attorney you can trust here in Monroe as he has deep knowledge as well as years of experience from handling various cases including this one. With years of experience, we know how to go about your case and work for hand in hand with investigators to find out more about your case to either get your charges dropped or reduced significantly. So why not contact us today to begin working on your case?