In Louisiana, there is a wide range of drug-related offenses, ranging from possession of drug paraphernalia to distribution of a drug. These drug crimes range from misdemeanors to serious felonies. Police and prosecutors work these cases aggressively, with the full authority and resources of the state behind them. That’s why such charges call for assistance from a talented and reputable Shreveport drug crime lawyer.
Simple possession of marijuana is a misdemeanor drug crime, which is a lesser offense than a felony. This drug charge typically means you have been accused of possessing a small amount of marijuana intended for personal use. However, simple possession of marijuana is an enhanceable offense. That means, if you are arrested for possession of marijuana in the future, you may face stiffer penalties and even a felony drug charge.
While simple possession of marijuana is typically a misdemeanor, possession of other schedule I drugs or schedule II, III, IV, or V drugs is a felony drug crime.
You can find the schedules of drugs listed in Louisiana Revised Statute 40:964.
If the amount of drugs possessed is a large enough quantity, then you may be charged with possession of a drug with intent to distribute, which is a felony drug crime. There are also charges of distribution of a drug, meaning you have been accused of selling or giving away drugs. The distribution of a drug is also a felony drug crime.
In Louisiana, you do not have to receive money in exchange for the drug to be charged with distribution. For example, this means that you may also be arrested for the distribution of a drug if you are sharing drugs with friends at a party.
For both possession of a drug with intent to distribute and distribution of a drug, penalties vary depending on the type and amount of the drug involved. The amount of jail time you could possibly face for either of these drug charges can be significant.
Another serious drug offense is possession of a controlled dangerous substance while in possession of a firearm. Basically, this means that, if you have marijuana or any other illegal drug while you in are possession of a firearm, then you may face additional charges. Possession of a controlled drug substance while in possession of a firearm carries a minimum sentence of 5 years in prison.
There are several possible constitutional issues when dealing with drug charge cases. Those issues typically arise during traffic stops or during search and seizure related to an arrest.
If you have been arrested for a drug offense, then you may be facing significant penalties. A criminal defense lawyer that is experienced in drug crimes can help you navigate this tough situation and ensure that your constitutional rights have not been violated.
First-time drug offenders can face a range of possible outcomes, depending on the specific circumstances of their case (such as the type and quantity of drug involved), as well as the discretion of the court. Many low-level, first-time drug offenders can be expected to face probation, mandatory education programs, fines, and other non-carceral sentences.
However, it is important to understand that first-time drug offenders can indeed face jail time, or even prison sentences, if the charges are severe enough or if certain aggravating factors like violence or injurious traffic accidents are elements in the case.
Sentencing prospects can become especially dire when a defendant fails to enlist adequate legal representation to help uphold their rights and tell their side of the story effectively. A Shreveport Drug Crime Lawyer from The Berg Law Firm, for example, can help design and implement an effective criminal defense strategy for even the most serious and difficult-to-defend drug cases.
The state’s approach to drug offenses emphasizes both punishment and rehabilitation, and probation is more likely to be awarded to first-time offenders. Individuals charged with simple drug possession, especially small amounts intended for personal use, may be offered alternative sentencing options like drug court or pretrial diversion.
These programs aim to address the root causes of substance abuse problems as a social issue rather than punish criminal behavior. This can connect an offender with valuable resources, allowing them to establish a path to rehabilitation while avoiding incarceration.
It’s essential, however, to understand that the state’s response to drug offenses can be harsh, even for first-time offenders–and particularly for those with a pattern of repeated criminal behavior. The ideal way to minimize the potentially serious consequences of any drug charge is to work with a trusted and well-qualified criminal defense lawyer.
Drug offenses are generally classified based on the type and amount of the drug involved, as well as the circumstances of the offense (e.g., aggravating factors like the presence of a weapon). Drug violations, like other criminal charges, can be prosecuted at either a misdemeanor or felony level.
With many states legalizing cannabis in recent years (and some places in the United States even decriminalizing stronger recreational drugs), it is crucial to remember that cannabis remains outlawed in Louisiana, as well as under federal regulations.
Louisiana does have a medical marijuana program, but it is prescription-based, meaning cannabis must be prescribed by a licensed doctor for a specific ailment. The use or possession of cannabis products outside of this limited medical framework is illegal and can result in criminal charges.
If you are in the Bossier City/Shreveport area, The Berg Law Firm is able to offer its services to you, in the event that you are in need of legal representation.
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