New Orleans Drug Charge Lawyer

CDS stands for controlled dangerous substance.  There are five types of CDS in Louisiana. The schedule a drug is listed in is based on the potential for abuse of that specific drug.  Some common schedule 1 drugs are heroin and marijuana. Common schedule 2 drugs are cocaine and crack. Xanax is a schedule 4 drug. Steroids are schedule 5 CDS in Louisiana.

Illegal possession charges occur when a person knowingly or intentionally possesses a controlled dangerous substance without a valid prescription. Possession can be actual or constructive. Actual possession is when the drugs are found actually on the defendant.

Constructive possession is when the drugs are not physically on him, yet, he still has control and ownership of the drugs. An example of this is when he is driving down the interstate with 12 pounds of marijuana in his trunk.  Distribution of drugs is when the defendant gives drugs to another individual when he does not authority to prescribe. There is no requirement for the exchange of money to take place.

Possession with intent to distribute is a more serious charge than drug possession and it carries more serious sentences. Possession with intent to distribute drugs involves facts that indicate the defendant was in possession of the drugs so he could sell or distribute to others. In other words, he was involved in drug dealing. Prosecutors are tougher on drug dealers than they are on drug addicts and users. Some facts that a prosecutor may use to prove possession with intent to distribute may include the presence of scales, individually-packaged drugs, cash, guns, and baggies.

Drug trafficking is drug possession involving a very large amount of drugs that is being transported. Most drug trafficking arrests occur on the interstate or major highways. Trafficking can be prosecuted on the state or federal level and trafficking charges in federal court involve much harsher sentences than in state court in Louisiana.

If an officer has probable cause to believe drugs are in a home, he must obtain a search warrant before entering the home, with some exceptions. The exceptions include exigent circumstances, the officer is in hot pursuit, or consent is given.

If an officer has probable cause to believe drugs are in a vehicle and exigent circumstances exist, he can search without a warrant.

A passenger can be charged with a drug crime, as a result of the legal concept of joint possession. Legally, two or more people can possess the same drugs. For instance, if a large amount of marijuana is found in the trunk of the vehicle when there is a driver and passenger, unless there is proof that it only belongs to one person, the prosecutor may charge both.