Experienced Drug Possession Defense Attorney in New Orleans
Our New Orleans drug possession lawyers at the Barkemeyer Law Firm represent clients with drug possession charges in New Orleans, Louisiana and all throughout Orleans Parish. Carl Barkemeyer has handled drug charges his entire career. Drug charges are unlike other types of crimes because they do not involve a victim. More importantly, they require the attorney to be knowledgeable about the laws regarding stop and search. Usually in a drug case trial, the primary witnesses against the defendant are the arresting police officers. Therefore, we must see if the officers conducted a proper stop and search when obtaining the narcotics.
Also, our drug defense lawyers understand addiction and substance abuse. We know how to help our clients find the appropriate treatment that may help them with their personal life and criminal case. Not every drug case is one that requires the attorney “fight” to the end. Since Mr. Barkemeyer has handled drug cases his entire career, he knows how to develop a proactive strategy that involves drug treatment to help his client’s case. An experienced drug defense attorney knows how to evaluate a drug case to determine the best strategy to help the client. This is what we do. Contact our New Orleans drug defense lawyer at (504) 226-2299.
Simple Possession of Drugs in New Orleans, Louisiana
Possession of drugs, also known as simple possession, varies based on the type of drugs. Possession of marijuana is a misdemeanor offense on the first and second convictions. Possession of marijuana third and subsequent offenses are felonies. Possession of marijuana 2.5 pounds or more is a felony, regardless of the number of prior convictions. This charge becomes a possession with intent to distribute marijuana instead of simple possession because of the large amount of marijuana. Possession of Marijuana is an enhanceable offense, meaning that a conviction today can be used against you to enhance the punishment for a future charge.
Possession of Cocaine and Methamphetamine in Louisiana
Possession of cocaine and meth (Schedule 2) are felony offenses even on the first conviction. They are punishable up to 2 years or five years, depending on the weight of the drug. If you possess 28 grams or more, the charge becomes a possession with intent to distribute, so it is no longer a simple possession. Possession with intent carries up to 10 years or 20 years depending on the weight.
Possession of Legend Drugs under la. R.S. 40§1060.13
Possession of Legend Drugs used to be a felony punishable up to five years in prison. This charge includes the possession of drugs that are not necessarily scheduled but that a prescription is required to obtain. For instance, one cannot possess heart medication which must be prescribed unless he/she has a valid prescription. However, recent changes to law have now made possession of legend drug without a prescription into a misdemeanor drug charge punishable by up to 6 months in jail and/or a fine of not more than $500.
Drug Possession Lawyer in New Orleans
The possession of a drug, especially illegal drugs or prescription pills is a very serious offense, punishable by Federal and state laws. However, the penalty for each differs from state to state.
The possession of drugs includes manufacturing and distributing drugs. They attract serious penalties, in the form of a jail term and a fine to be paid by the accused.
Many people are accused of being in possession of drugs yearly, and the rate is quite alarming. The worst of all is that they fully know that drug possession is a crime which the law holds as a serious offense, yet, they indulge in it. These drugs are mostly controlled substances which may be found in small amounts in their cars, wallets, purses, houses, or anywhere at all.
Drug Possession – A serious offense?
There are drugs which have been listed as controlled substances. These drugs may have benefits of treating certain illnesses and helping with some human functions. However, they are also dangerous in a way, as they have a high potential for abuse and addiction. It is in this regard that the federal and state laws have put them on a list of controlled substances. Anyone found in possession of such drugs can be said to have defaulted and is prone to face the law with a drug possession charge.
Those that have been given drug possession charges usually face trial, in which their actions will be deliberated on by the court, and punishment leashed out to them. It is usually done based on the amount you are found with, which is measured in grams. If it is a simple conviction, in which a person is found with a little or substantial amount of drug, the charges may be less. If a person, on the other hand, is found with a large supply of the drugs, probably he or she is distributing to other people or is a manufacturer, then such a person would be given serious charges based on the action. The penalty or punishment given is usually a jail term and fine, according to the severity of the crime. It ranges from a fine of fewer than 100 dollars and a few days in jail to thousands of dollars and so many years in jail.
Degrees Of Drug Possession
Simple Drug Possession: This is the minority and simplest form of drug possession. Here, the accused was probably found with little amounts of the drug
Drug Distribution and Manufacture: Here, the accused was found with large amounts of the drug, with the intent to distribute it to other people. In this way, the possession of such drugs has been encouraged by the person, which is a very serious offense and cannot be allowed to slide easily.
Penalties For Drug Possession In Louisiana
The penalties and punishment for people charged with drug possession differ from state to state. Some states consider some drugs as more harmful than the others, and all these contribute to the charges.
However, in Louisiana, the federal classification of drugs and schedules is being used. The laws acknowledge that not all drugs are illegal, as some can be used to treat certain illnesses. These drugs, however, need a legal medical prescription before a person can be allowed to use it, else such a person will be charged with drug possession.
The following is a list of the drug schedules in the order of its harmful effects to the human body:
Schedule I Controlled Substances: The drugs found in this category are not used for any medical purpose at all. They are harmful to the body and should not be found on anyone residing in Louisiana. They have a high potentiality to abuse and addiction also. They include:
- Hallucinogens eg psilocybin
- Marijuana-derived cannabinoids
Schedule II Controlled Substances: The drugs in this category are not all harmful, they may be used to treat some illnesses, but needed legal backing to be in possession of. They include:
Schedule III Controlled Substances: The drugs in this category do not have high potentiality for abuse and addiction compared to the drugs in the first two sections. They are also used for medical purposes. The drugs in this category are:
- Anabolic steroids
These are just a few examples as there are so many drugs on the list of scheduled controlled substances.
After a person found in the possession of a drug has been arrested, it is decided if there should be a trial or not. If there is a need, the arraignment date is fixed. There may be a bail process, where the person can come from home to all of the court’s proceedings. In this case, the accused is not supposed to fail to show up on any court date.
How Does The Barkemeyer Law Firm Help In Your Drug Possession Charge In New Orleans
Drug possession charges are very serious offenses punishable by law. As such, the accused need to get a good drug possession lawyer in New Orleans.
If you ever have to face a drug possession trial at St Tammany’s Parish, a lawyer from the Barkemeyer Law Firm might just be the right choice for you, as we have only well-experienced lawyers who try their best to ensure that all our clients are given a fair trial. We try as much as possible to defend you in every way possible, which may lead to the reduction of your charges and sentence or a total drop of your case.
We will help guide you all through the processes of your trial while giving you legal advice, and also letting you know the severity of your crime. You may also be advised to go for a drug test if it is needed. Above all, working with us will be a nice experience because we give our all.
Therefore, contact us today for your drug possession case in New Orleans, Louisiana.
More Information on Drug Charges in Louisiana:
|Creation of Meth Lab|
|Felony Drug Charges|
|Misdemeanor Drug Charges|
|Obtaining Pills by Fraud|
|Possession with Intent|
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170