When you are facing drug charges, you should hire a lawyer as soon as possible. Drug charges can carry significant penalties, including fines and jail time. An experienced criminal defense attorney can advise you when to fight a charge rather than plea and represent you in court proceedings.
A Metairie drug lawyer can help you navigate the legal system. They can explain the potential repercussions of the charges against you, outline your legal options, and help you navigate a plea deal when necessary.
The Type of Drug Affects the Charges
Three factors determine the severity of drug charges: the type of drugs, amount, and location. The state outlaws possession of illegal drugs, including marijuana, heroin, cocaine, ecstasy, LSD, and methamphetamines. People may also face charges for illegal possession of prescription drugs, including Xanax, Vicodin, Valium, Oxycontin, and hydrocodone.
It is legal to possess marijuana with a prescription for medical use. The state has also decriminalized possession of 14 grams or fewer of marijuana. However, possession of more significant amounts of marijuana is still a serious criminal offense, which can lead to prison time and a $1,000,000 fine under Louisiana Statutes § 40:966. The state groups marijuana with heroin and synthetic cannabinoids.
Penalties for possession of other drugs depend on the amount of drugs involved and whether they are Schedule I or Schedule II drugs. Schedule II drugs include drugs like cocaine, fentanyl, and methamphetamines. Possession of even a recreational amount of Schedule II drugs can lead to a prison sentence, with prison sentences increasing with the amount in possession. For all drugs, manufacturing or distribution can increase the potential penalties.
While state law governs the potential penalties for drug possession, local rules and guidelines will impact whether someone faces those penalties. For example, in New Orleans, the DA has stopped prosecuting almost all drug offenses based on possession of a small amount of drugs, except for heroin and fentanyl. An attorney who handles Metairie area drug cases will need to know the specific location of an offense.
Defenses to Drug Possession Charges
An attorney who handles drug charges will look at the facts of a case to help determine potential defenses. One of the most critical factors is a defendant’s criminal history. A criminal history with prior drug charges makes it less likely that a defendant will be eligible for deferred adjudication or other pretrial diversions.
However, they also make it more likely that addiction is at the root of the possession charges. A drug defense attorney in Metairie may examine the possibility of drug treatment in lieu of prosecution or may advise a defendant to complete a drug treatment program while awaiting prosecution. Successful completion of such a program may improve a defendant’s bargaining position.
For more significant amounts of drugs, a person may face distribution or trafficking charges, not just possession charges. In those instances, a defense attorney could argue that a defendant lacked the intent to distribute.
Consult a Metairie Drug Lawyer Today
Drug charges are daunting, but attorneys successfully defend against them all the time. The sooner you schedule a consultation with a Metairie drug lawyer, the sooner you can explore your options. They can explain the charges against you, preview potential punishments, and help you understand various defense strategies.
Schedule a consultation to get started.
