No one likes to be tried and convicted for an offense; especially for one related to the use of Ecstasy in Covington, Louisiana. Apart from being charged and convicted, a mere allegation of a drug offense of this nature has the potential of ridiculing the image of the alleged defendant. If convicted, one may even lose more in terms of time and money after facing a tainyted criminal record. Plus, St. Tammany Parish prosecutors and judges are very tough on drug charges.
You may be wondering what Ecstasy really entails within the purview of Louisiana State Law and how you can get unhooked from a charge without being convicted. If this is your imminent thought while reading this article, then you might have stumbled on a gold mine.
What is Ecstasy (MDMA) by Virtue of Louisiana Revised Statute R.S. 40:966?
Generally, ecstasy is known worldwide as a drug. It is also referred to as MDMA which stands for (Methylenedioxymethamphetamine). The drug has its many side effects but it is mostly notorious for its use and association with criminal behavior. The drug is a psychoactive drug usually used for recreational purposes. It induces the user to empathy, aroused sensitivity, pleasure sensations, and high energy spur. Because of the recreational effects and addictive tendencies many legislations across continents ban its use; especially when not occasioned by medical prescription. Louisiana is no different. The Louisiana Revised Statute defines the offense of ecstasy in two ways-
As the act of producing, manufacturing, distributing or possessing with the intent to manufacture, distribute and/or dispense the substance.
As the creation, distribution or possession with intent to dispense a counterfeit of the substance.
In plain terms, this means that a person would be deemed to have committed an offense if involved in the production, distribution, sales or possession with intent to do any of the aforementioned. Also, a person would be deemed to have broken the law if such person attempts to manufacture, distribute or possess with the intent to distribute a counterfeit of the substance. From the law, we can summarily sag that mere possession does not immediately amount to an offense. It is the establishment of intention to perform the actions mentioned that constitute an offense. This brings us to the key elements of the offense.
Key Elements of Ecstasy (MDMA) Possession by Virtue of Louisiana Revised Statute R.S. 40:966
Having considered the legal position of the offense, it is imperative to know the components and ingredients that must have manifested before we can surely say that an offense has been committed. When examining the offense of the use of MDMA, the key components to watch out for are-
The substance i.e MDMA (Ecstasy) must be physically present at the scene of crime. What this means is that a charge for an offense committed under this law would not hold water if there is no trace of the substance.
There must be manufacturing, distribution of the substance in question by the offender.
In the absence of manufacturing or distribution of the substance, possession coupled with the intention to manufacture or distribute must be present as an element.
Penalty for Possession of Ecstasy (MDMA) in Covington, Louisiana
The penalties prescribed by Louisiana state law for Ecstasy related crimes are divided broadly into two. There is a separate penalty for possession of the substance and another for manufacturing and or distributing the substance.
The penalty for possession of the substance is imprisonment for a term of ten years with hard labor and possible payment of fine of up to $500.
The penalty for manufacturing and distributing the substance is prison sentence of five to thirty hears imprisonment with hard labor with possible payment of $50,000 fine.
Illegal Search and Seizure Procedures: A common premise to an arrest in a case of a drug related offense is searching and seizing the substance. If however, the search and seizure was not conducted in accordance with due process of the law, such an arrest can be deemed illegal and any evidence retrieved inadmissible.
Lack of Knowledge about the existence of the substance: An alleged offender can claim that the substance found is in no way connected to him. And unless otherwise is proven by the prosecution. Such defense will avail an alleged offender.
Set up or Entrapment: If the drugs or substance is planted by another person, without the knowledge of the person charged with the of offense, then the alleged offender may be exonerated on the ground that there is no intention or awareness of the subject-matter. Also a person who is induced by pressure from a third party who has colluded with the prosecution to pass drugs or substance would be deemed innocent of any charge because he was entrapped.
What Do You Do If You’re Charged?
There are not many options you have once you are charged with the offense of Possession of Ecstasy in Covington, Louisiana. However, the good news is that in spite of the limited options, there’s a way out of the mess. The surest way is the best legal representation. An impeccable criminal law firm with a vast experience on crimes of this sort is Barkemeyer Law Firm. Barkemeyar Law Firm is a renowned firm with an excellent track record in winning criminal cases leveled by the State on alleged defendants.
814 W. 21st Avenue
Covington, LA 70433