(504) 336-1717
Metairie Drug Crimes Attorney
Advocating for Defendants’ Rights When Facing Criminal Charges
Facing drug crime charges in Jefferson Parish can be an overwhelming experience, and it’s normal to be stressed, anxious, and even confused about what’s happening with your case and what you need to do to protect your future. These charges carry serious consequences if you’re convicted, including mandatory prison time that can change the course of your entire life. Prosecutors are particularly tough on drug crimes in Louisiana, which means you need a strong and experienced drug crime attorney on your side.
When you’ve been charged with a drug offense in Louisiana, whether it’s a misdemeanor or felony, your first call should be to a criminal defense attorney. The team at The Bradley Law Firm is led by attorney Jarred Bradley, a graduate of the Paul M. Hebert LSU Law Center and an aggressive supporter of defendants’ rights. Call our Metairie, LA, firm to schedule a free consultation today.
What Are Some Common Drug Crimes in Louisiana?
Louisiana has one of the highest drug crime rates in the nation, and that means that police officers, investigators, and prosecutors are focused on bringing charges against those suspected of drug violations and getting convictions.
The United States Drug Enforcement Agency divided drugs into five classifications, depending on whether the substance has any approved medical use and its potential for addiction and abuse. The lower the schedule number, the higher the potential for misuse and, in general, the more serious the penalties are for those found in illegal possession of the drug or those accused of manufacture or distribution.
Possession
Louisiana’s drug laws treat possession of some substances separately. For example, possession of any amount of a Schedule I drug, such as heroin, is a felony. However, a first offense of possession of marijuana is a misdemeanor.
In some situations, whether a charge is classified as a misdemeanor or a felony depends on the amount of the substance found. Possession with intent to distribute charges can apply if officers find larger amounts of a controlled substance.
Possession of Drug Paraphernalia
Possession of drug paraphernalia is generally a misdemeanor in Louisiana. However, it can be a felony if there are at least two previous convictions. Paraphernalia is defined by law as anything that is used to store, process, produce, test, inhale, inject, or ingest a controlled substance.
Manufacture of Controlled Substances
If someone is accused of making a controlled substance or cultivating marijuana, they can be charged with manufacture of a controlled substance. These charges are felonies, and the potential imprisonment is at hard labor and can be up to 30 years, depending on the substance and circumstances. For example, the penalty for manufacturing MDMA is 5-30 years at hard labor and a fine of up to $50,000, while the penalty for manufacturing cocaine is 10-30 years at hard labor and a fine of up to $500,000.
What Are the Consequences of a Drug Conviction?
In most states, criminal charges are divided into misdemeanors and felonies and then subdivided into classifications, such as a Class A felony, or degrees, such as a first-degree misdemeanor. The penalties for a conviction are then dependent on the class or degree. However, Louisiana operates under a slightly different system.
While the state still divides charges into felonies and misdemeanors, there is no further subdivision. Instead, the state specifies specific penalties for each conviction, with the consequences for a felony drug conviction being much harsher than those for a misdemeanor conviction. Below are some examples of potential penalties for conviction of different drug crimes:
- First-offense possession of marijuana: up to 6 months in a parish jail and a fine of up to $500
- Cultivation of marijuana: 5-30 years imprisonment at hard labor and a fine of up to $50,000
- Possession of a Schedule I controlled substance: up to 10 years imprisonment at hard labor and a fine of up to $5,000
- Possession of a Schedule II controlled substance: up to 5 years imprisonment with or without hard labor and a fine of up to $5,000
- Possession with intent to distribute of a Schedule I controlled substance: up to 50 years imprisonment at hard labor and a fine of up to $50,000
In some situations, penalty enhancements may also apply. For example, if the defendant is accused of selling drugs to minors or the offense occurred in a drug-free zone, such as near a school or behavioral health facilities, it can result in the maximum fine being imposed and a sentence of up to one and a half times the maximum term of imprisonment. Penalty enhancements are also common for defendants who have previous convictions.
Does the Three Strikes Law Apply to Drug Crimes Cases?
Louisiana is one of the states in the country that has a three strikes law. A three strikes law increases the penalties for subsequent offenses, and it’s most well-known for resulting in a sentence of life imprisonment without parole for a third conviction of a violent felony. The good news is that most drug crimes aren’t considered crimes of violence.
There are two drug crimes that Louisiana’s Revised Statutes define as crimes of violence: distribution of fentanyl or carfentanil punishable under R.S. 40:967(B)(4)(f) and distribution of heroin punishable under R.S. 40:966(B)(3)(b). If someone is convicted of a third instance of one of these charges, life in prison is likely.
Any time you are dealing with the criminal justice system, it’s imperative to have strong legal representation to ensure you do everything you can to successfully defend yourself. But when the charges involve drug crimes classified as crimes of violence, it’s even more important because your freedom for the rest of your life could be on the line. Criminal defense attorneys have the knowledge and experience to help you through these cases.
What Rights Do You Have During a Drug Search?
One of the most important things to understand about the criminal justice system in the United States is that defendants — as well as those under investigation but who have not yet been charged — have certain rights. Understanding what those rights are and what to do if you believe your rights have been violated is a key part of participating in your defense.
The Right to Remain Silent
Any person who is under investigation or arrest has the right to remain silent and refuse to answer any questions from officers or investigators. This is also one of the most important rights for defendants to exercise. It’s very common for defendants to believe they are helping their case or “just telling the truth” when speaking to officers only to have their words twisted and used against them later on. The only thing you should say to an investigator is, “I wish to exercise my right to remain silent, and I want to speak to an attorney.”
The Right to Legal Counsel
The Sixth Amendment to the U.S. Constitution provides every person the right to legal counsel during criminal proceedings. As soon as you know you’re being arrested, exercise this right by asking for an attorney. If you have a specific lawyer you want to call, you will be allowed to do so. Drug crimes attorneys deal with these types of cases in Jefferson Parish and the larger state of Louisiana on a regular basis, and they are able to quickly evaluate your case and provide advice on the best path forward.
The Right to Protection From Unlawful Search and Seizure
In most cases, officers must have probable cause to conduct a search of your person, vehicle, or home. If they have reason to believe that you may be dangerous or a threat to them, they can pat you down to ensure you don’t have any weapons. The evidence for drug crimes cases almost always comes from some type of search and seizure, so it’s important to understand what your rights are and how to recognize when there has been a violation.
Provide your attorney with every detail of what happened before, during, and after your arrest so they can determine if there is a potential argument to be made that the search process was not lawful. If so, the evidence police obtained during it may not be allowed in court.
The Right to a Speedy Trial
Defendants have the right to a speedy trial, but this may not be as fast as you think. For a felony offense, the trial must begin within two years. For a misdemeanor offense, it must begin with one year. However, this doesn’t count any of the time spent on pretrial motions, which can push the actual trial date out quite a bit. It’s common for cases involving drug crimes to be negotiated outside of court through plea deals to speed this process up.
A defendant who is charged with drug crimes also has the right to a jury trial. Depending on the nature of the charge, this can be either a 6-person or 12-person jury in Louisiana. However, the defendant may also opt to waive that right and ask for a bench trial instead, which is when only the judge hears the evidence and makes the decision.
When you need strong criminal defense representation for drug charges, call The Bradley Law Firm at 504-336-1717 to schedule your free consultation.