Marijuana charges are not to be joked with in Covington, Louisiana. The prosecutors and judges in St. Tammany Parish District Court approach marijuana as if this was the 1950s. If you have been charged recently with such charges and you feel you need to amicably get rid of them, or you need to know what should happen if the case gets to court and how to get out of this problem. Then this article was meant for you.
Criminal crimes like Marijuana possession could keep you in prison for years and you might need to pay fines which could damage you both in the short run and the long run.
Knowing who to talk to and what to do when faced with these charges would help you along the way. These are what you need to know about Marijuana charges and how you can get rid of these charges.
What are Marijuana charges under La RS 40:966?
As defined by the Louisiana Revised state law, Marijuana charges refer to the distribution, manufacture, possession, dispense of the controlled dangerous drug substance Marijuana. We all have basic knowledge of marijuana and how it is perceived around the world to be a dangerous controlled drug substance.
What Must be proven?
Before you can be officially charged with Marijuana charges, it must be proven you have distributed, possessed, or created controlled dangerous substances especially Marijuana with intent to dispense or distribute.
Penalties to Marijuana Charges
Penalties to Marijuana charges if caught for distribution could be sent to prison for less than two years, with or without hard labor. You could be sentenced to pay a fine which wouldn’t be higher than five thousand dollars.
If caught with a weight of two grams or more, but not up to 28 grams, you shall be imprisoned without or with hard labor. It would be more than a year but wouldn’t reach 5 years and you could get sentenced to pay a fine that would not reach five thousand dollars.
If caught with Phencyclidine with an amount that is not up to 28 grams, you shall be imprisoned with hard labor for a timeless than a year and you need to pay a fine that won’t be higher than five thousand dollars or both penalties.
If caught with a mixture or substance that has a high amount of Marijuana, and it is less than 2 grams, you shall be imprisoned for more than two years but less than four years without or with hard labor. If it is a weight of more than 2 grams but not up to 28 grams, then you shall be imprisoned with or without hard labor for more than two years but less than ten years. You could pay a fine that would not be more than a thousand dollars.
If you or a loved one is caught with a weight of controlled drug substances that is less than 28 grams, they shall be imprisoned without or with hard labor for more than a year to less than ten years and could be fined to pay $50000.
If you are convicted for dispensing an aggregate weight of more than 28 grams, you would be imprisoned with hard labor for more than a year but less than twenty years and you could be fined an amount less than $50000.
If convicted for the production or manufacture of methamphetamine or amphetamine, you shall be sentenced to imprisonment with hard labor for a period in which the least amount of time you can stay in jail is ten years. But you have the benefit of probation, parole, or hope that your sentence could be suspended. You could also be sentenced to pay a fine of money but it would not be up to five hundred thousand dollars.
It is not easy to free yourself from criminal charges generally, talk more of a criminal charge like Marijuana. As a result, you need to contact a highly experienced attorney that would do all he can to get rid of these charges.
Defense if you have Marijuana charges?
You would need a Covington criminal defense attorney to get the best defense. However, here are some of the defenses that you can claim:
In Louisiana, you could have possession of controlled substances if you possess or own it. It could be with you as prescribed by a physician. If you are caught with these controlled drug substances like Marijuana, the prosecutors have to prove the following facts;
- You intentionally and knowingly had control of Marijuana that is Illegal.
- You knew the drugs were present, you knew the drugs were illegal, and you had serious intentions to use them, you also had serious intentions to control them.
- You either had constructive or actual possession of the controlled substance. One could say, you had the controlled drug substance on you. It could be in your pocket or a place where you controlled. Like your room or your office.
Without these defenses, the prosecutors have no other solid choice than to let you go.
How do you get yourself free?
As seen above, the penalties of Marijuana convictions are really horrible and quite bad. Imagine you going through those penalties when you did not even commit the offense.
An attorney that has a successful experience handling these types of cases is quite difficult to find. Especially types that know the ins and outs of the Louisiana laws.
We have the best Covington criminal defense attorneys you can find and you don’t even have to look too far. Mr. Barkemeyer will help you fight all the charges. He will listen to you with diligence and care and go with you every step of the way until the charges are completely done.
814 W. 21st Avenue
Covington, LA 70433