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.
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Carl Barkemeyer is a Baton Rouge Possession with Intent to Distribute Drugs lawyer. He is experienced in handling these cases in courts throughout Louisiana. The drug charge of Possession with Intent to Distribute carries harsh penalties in Louisiana. The sentencing range depends on the alleged drug. All controlled dangerous substances are placed into a specific Schedule. However, these charges can carry mandatory minimum sentences of imprisonment.
Intentional Possession Must be Proven
First, the DA must prove that you possessed the drugs. Possession can be either actual or constructive.
Actual possession: is when the drugs are found on the person of the offender…in his pocket, cigarette box, shoe, etc.
Constructive possession: is when the drugs were found in his bag in the trunk or in his closet.
Joint Possession: which is when two or more people are alleged to be in possession of the same drug. For instance, let’s say an 8 ball of cocaine is found in console of vehicle with driver and passenger. Unless there is some good proof that it only belonged to one person, the officers may arrest both for joint possession.
Intent to Distribute Must be Proven
In Louisiana, the prosecutor must prove that you knowingly and intentionally possessed illegal drugs with the intent to distribute to someone else. He does not have to prove that you intended to sell the product for money, just that you intended to distribute it. The prosecutor does this offering facts that together could prove this.
Circumstantial Evidence
So, circumstantial evidence is often used to prove possession with intent to distribute drugs. For instance, the presence of a large amount of drugs, empty baggies, cash, guns, and scales, as well as individually packaged drugs can be evidence of PWITD. Many times, officers will get confessions as well. These are important facts to look at in determining the strength of the prosecutor’s case.
We have quite a few ways to defend these cases. First of all, we always test the State’s case to see if the police officers violated your constitutional rights by performing illegal search and seizure.
Defense of Possession with Intent to Distribute Drugs in Louisiana
The defense to these charges requires an attorney that is knowledgable and experienced in the area of defending drug charges. Mr. Barkemeyer has handled hundreds of drug charges in Louisiana, many through suppression hearing and trial. As a drug charge lawyer, he examines every case to determine if the stop and search were illegal. Because he is highly experienced defending drug cases, he provides superior representation attacking the police officer's conduct and discovering possible legal technicalities that may make the difference between a conviction and dismissal.
Intent to Distribute Drugs to Others
The crime of Possession with Intent to Distribute Drugs in Louisiana requires elements of knowing and intentional possession of drugs as well as intent to distribute the drugs. Intent to distribute or disperse may be proven by the specific facts surrounding the case. Facts that are important are the quantity of the drugs, the way it is packaged, presence, of baggies, scales, cash, etc. Law enforcement may also obtain audio and/or video recordings as well as witness statements and/or defendant confessions.
Drug Defense Lawyer in Baton Rouge, Louisiana
Mr. Barkemeyer has spent his entire career defending clients charged with Possession with Intent to Distribute of controlled dangerous substances, including the following: heroin, methamphetamine, marijuana, cocaine, ecstasy (MDMA), prescription drugs, and all other Schedule I, II, III, IV, and V drugs.
Contact Possession with Intent to Distribute Drugs lawyer, Carl Barkemeyer in Baton Rouge, Louisiana at (225) 964-6720.
"In Louisiana, the crime of Possession with Intent to Distribute requires knowing and intentional possession "
