Drug Possession Lawyer in New Orleans




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Guide to Drug Possession Charges in New Orleans, Louisiana


These are some basic considerations if you have received a charge for Drug Possession in New Orleans. It is recommended you hire the best lawyer for your Drug Possession charge as these charges can be more complicated given your specific situation.


1. You have the right to be represented by a lawyer for your Drug Possession charge in New Orleans, Louisiana.

Even if you think your charge is minor or you just want to take the charge, you should hire a criminal defense attorney because we know how to get you the best result and we do this for a living. You have to look into the future and imagine that how your Drug Possession case is handled today could greatly impact your future although, at this time, you may not know how.


2. Hiring an attorney for your Drug Possession charge is easy.

You can avoid the stress and hassle of driving around town all day trying to meet with lawyers to see if one will take your Drug Possession case. Just call our criminal lawyer, Carl Barkemeyer, and talk to him directly. He will tell you right away if he will take your case, how much his fee will be, and you can hire him over then phone or come in and visit. His fees are reasonable and he may work with you on a payment plan.


3. Speed is essential.

After you have been arrested for a Drug Possession charge in New Orleans, usually the most important thing to you and your family is getting out of jail. However, it is very important that you get us on board sooner than later. If you hire our criminal defense attorneys early for your Drug Possession charge, we may be able to get more options for your case. Depending of your case, we may advise you to seek treatment, counseling, or classes. We know which ones will work best for your Drug Possession case. So, call early.


4. Your Drug Possession case in court begins with arraignment.

The first court date you have is called arraignment. That is just the day the judge informs you of the charges against you. He will ask you how you plead to your Drug Possession charge. Usually, we plead not guilty. That gives us the opportunity to obtain all the information on your case and negotiate with the prosecutor. If you need more time to hire your Drug Possession lawyer in New Orleans, tell the judge at arraignment that you need more time.


5. You could have a series of court dates in New Orleans.

Criminal cases have a series of court dates that you and your attorney must attend. These are arraignment, motions, pretrial conference, status, trial, reviews, etc. There is a different purpose for each. Mostly, they exist to make sure the defense has all the information that the prosecution intends to use against the defendant as well as information that helps the defendant. Also, the dates allow a chance to work out the case.


6. You might not need to go to court.

Sometimes, our criminal lawyers can go to your court date for you. This benefits our clients when they can’t make it to court because they are out of town, working, or in school. It saves our clients time and money. Every case is different. In the case of felony charges in New Orleans, our clients are often required to be there. But, we can go for them early in the case sometimes.


7. You could be drug-tested at court.

If you were arrested, the judge likely ordered as a condition of your bond to remain drug-free. The judge could always drug-test you. When you come to court, always be prepared to pass a drug test, even if you are there on a misdemeanor summons.


8. Court on a Drug Possession charge in New Orleans can last a few months.

At least a couple of months. Some cases could last much longer, depending on the agreement we’ve made with the prosecutor. Typically, criminal cases last six months to a year. Our criminal lawyers know how to speed up the case if that is in your best interest. However, in some cases, that is out of our hands.


9. Drug Possession charges in New Orleans can be a felony or misdemeanor.

Felony charges can carry prison time. Simple possession of marijuana is the only drug possession charge that is a misdemeanor. Felony drug possession charges can prevent you from legally possessing a firearm, voting, and make obtaining employment and housing difficult. Every case is different. In some situations, defendants are fortunate to stay out of jail if they have a New Orleans Drug Possession charge. Probation is an option for the judge. The defendant’s criminal record, amount of drugs, etc. are determining factors for the judge in ordering a suspended sentence. Your Drug Possession lawyer will be able to help you understand your chances of probation.


10. Your criminal record depends on the outcome.

If you have a clean record, you probably want to keep it that way. If you have a Drug Possession charge in New Orleans, you have at least an arrest on your record right now. If you receive a summons for a charge, you’ll have the fact of the summons on your record. If you are convicted of a charge, that conviction will then hit your criminal record. The way to remove an arrest, summons, or conviction from a criminal record is to file a Motion for Expungement and it must go through successfully. Not every case is eligible for expungement. It all depends on the outcome of your case. Only knowledgeable criminal defense attorneys understand the impact on your criminal record of the Drug Possession charge. We know how to try to protect your record early on. That is always an important focus for us.


Drug Possession Charges in New Orleans

When it comes to the state of Louisiana, drug possession laws are very strict on what you can or cannot do. In fact, the state of Louisiana has one of the strictest penalties for offenders and it is important that you avoid all charges which comes with breaking the drug possession laws that are already in place. If however you have been charged with breaking one of the laws that relate to drugs in Louisiana, the truth is that you would have to get yourself a drug defense attorney in New Orleans as soon as you can. This is because having an experienced lawyer is always the best course to follow.


Drug Possession Laws in Louisiana

When it comes to the various drug possession laws in place, the offense and the penalties which you might be facing would vary depending on the drug which you are being charged for. This is because, in the state governing controlled substances, the drugs are grouped into various schedules with schedule one is much more serious than all the others. 

In schedule one, the drugs which are present would include drugs such as heroin, LSD and even MDMA. The possession of such drugs would almost surely land you at least 10 years in prison and you would have to pay a fine of about $5000.

In schedule two, you would find drugs such as cocaine amongst others. The possession of such drugs would almost surely land you at least 5 years jail time and you would have to pay $5000 worth of fines.

In schedule three, you would find mostly steroids. The possession of such drugs would almost surely land you at least 5 years of jail time which may come with hard labor. This may also come with a hefty $5000 fine.

While these penalties can be quite severe to look at, there are still several things which you can do to make sure that you do not bear the full weight of the punishments. You would be advised of such things by an experienced lawyer. For this reason, it is important that you start your search for a drug defense lawyer in New Orleans as soon as you can. Carl Barkemeyer, criminal defense attorneys are a team of lawyers who would fit the bill perfectly. With them, you can expect that you would be given a worthy defense at the end of the day.


Possession of Marijuana

While many states in the US are slowing legalizing cannabis, this is not the same in the state of Louisiana. Therefore, it would be advisable that you try not to smoke pot or process it in any way. The end game would be arrest and subsequent conviction.

The penalties which you would receive if you are caught with marijuana would vary greatly depending on a lot of things. This could include the number of convictions which you have received in the past and the amount of marijuana which you were caught. 

For example, if you have been caught for the first time and you have marijuana in your possession which is less than 14 grams, then you might be given a jail time of six months and a fine of about $500 to pay.

If you have been caught with marijuana which is less than 14 grams and you are considered to be a second offender, you would be charged with a misdemeanor. You would most likely get jail time of up to six months and a fine that could be about $1000.

If you are however a third-time offender and you have been caught with marijuana which is less than 14 grams, then you would spend at least $2500 in the form of fines and two years in jail.

Any other crime relating to marijuana possession that is less than 14 grams after the third conviction would mean a fine of $5000 and jail time of about 20 years.

It is important to note that the first and second conviction would probably not lead to actual jail time as you would qualify for probation or suspension. However, subsequent times would see you spend actual jail time. If you want to find out if you qualify for probation, you should do well to get a drug defense lawyer who knows everything you need to know about probation and suspension in Louisiana. Carl Barkemeyer, criminal defense attorneys would be happy to help.  We have lawyers who have been taking drug-related cases for years and therefore know just what it would take to make sure that you have a good chance of succeeding. 

It is important to note that when it comes to prior convictions which have been made in respect to all the drugs listed in the schedule, a conviction for heroin, for example, would still count as a previous conviction if you are charged with having possession of marijuana. Also, please note that there exists a way in which all first offenders can have their conviction expunged from their books after the first two years have passed. If you want to find out more about this procedure, you should get yourself an attorney who is experienced in drug-related cases. Here at Carl Barkemeyer, criminal defense attorneys, we are always looking for ways to get our clients to live a normal life.

We understand that being charged with a drug possession offense can be hard at times and can completely wreck your life. With this, we make sure that we do our assignment thoroughly in order to make sure that you have the best chance when litigation starts in court.

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