A drug conviction comes with severe repercussions, regardless of whether the individual is an addict or made a mistake in their drug use. A violation can potentially jeopardize your entire future.

The legal system in Louisiana does not tolerate violations involving drugs, narcotics, or controlled dangerous substances lightly. Cases involving drugs and narcotics are often classified as felonies. Getting caught with any illegal substance—whether it be methamphetamine, heroin, fentanyl, crack, cocaine, marijuana, prescription pills, or legend drugs—comes with severe direct costs and collateral consequences.

If you are accused of drug charges, you should work with a lawyer that you can rely on to be by your side for the duration of your case. David E. Stanley, APLC seeks to defend the legal rights of ordinary people such as yourself. He is well-known for paying close attention to the smallest of details. Because of his 35 years of experience in criminal trials, he can find vulnerabilities in the prosecution’s accusation.

Mr. Stanley is aware that this procedure can be very stressful because it gives the impression that you have no control over the way things will unfold. He will remain by your side and guide you regarding what is happening, what it indicates, and your choices. The power lies in possessing relevant information. It helps reduce feelings of unpredictability and fear to understand what is happening and what is likely to occur. You are more likely to win a case if an experienced and successful lawyer represents you. Additionally, you will have a greater capacity to make decisions with a clear head and a decreased likelihood of acting rashly or out of fear.

Call David E. Stanley, APLC at 225-399-0709
For A Consultation Today!

What To Know About Drugs And Narcotics Crimes

The use, possession, and sale of illegal or “scheduled” drugs are all against the law at the federal and state levels. When drugs are “scheduled,” the federal government has rules about them. States tend to follow how the federal government puts drugs on the schedule, except for cannabis. Many state laws have made cannabis less illegal.

A drug crime conviction can also have serious ramifications. If you have been charged with drugs and narcotics crimes, this article overviews some of the most prevalent drug charges that can be brought against you.

Kinds Of Drugs And Narcotics Crimes Charges

  • Possession of Scheduled Drugs

A person cannot be prosecuted simply for being influenced by alcohol or drugs. The United States Supreme Court ruled in the landmark case Robinson v. California in 1962 that laws criminalizing addiction were unconstitutional.

Instead, the most fundamental drug charge is possessing illegal drugs, which punishes defendants with illegal substances on their person or under their control. This charge does not necessitate proof of intent or ownership. For example, possessing someone else’s cocaine or heroin could result in criminal charges.

A person found to possess illegal drugs may face a simple possession charge or an enhanced charge depending on the amount of narcotics contained or proof of intent to distribute the drugs. According to the law, investigators can sometimes infer the purpose just from the weight of the drugs. This is because a large quantity of drugs is more than what a person would typically have.

Leveling drug possession charges against people possessing prescription drugs is possible unless the defendant has a prescription for them. In addition, because prescription drug abuse is a public health crisis, some states even make it illegal to possess lawfully prescribed medications outside of their original pharmacy packaging.

  • Drug Trafficking And Dealing

It is illegal to sell, trade, or exchange scheduled drugs under drug dealing or “trafficking” laws. Some states distinguish between profitably selling drugs and providing or sharing drugs. Drug trafficking is typically charged as a felony, and it becomes more serious when a large quantity of drugs is involved or when the drugs result in death. In addition, increasing federal penalties is possible if drug dealers or traffickers use firearms while selling drugs.

Even minor drug dealing, such as one person selling a small portion of scheduled drugs, can result in felony charges. While the penalties for drug possession with intent to distribute may be less severe than those for selling more significant amounts, they may result in probation or even prison time. For example, according to the Drug Enforcement Administration (DEA), even selling 100 grams of heroin can result in a five-year prison sentence.

  • Drug Manufacturing

An additional category of drug crime is drug manufacturing, which can refer to any stage of making an illegal substance. The cultivation of marijuana, which may or may not be entirely legal under the state’s laws, is the most common form of this unlawful activity. Although the federal government has, for the most part, refrained from prosecuting marijuana cultivation or manufacturing cannabis products because of exceptions in state law for medical and personal use, state regulation of the cannabis industry is usually quite complicated.

The production of methamphetamines (commonly known as a “meth lab”) is another type of drug manufacturing that frequently results in criminal prosecution. This is a hazardous, illegal activity due to potentially lethal chemicals in the manufacturing process and the possibility of an explosion. Those who are involved in the operation of a drug manufacturing operation typically face lengthy prison terms if they are convicted.

  • Caught Possessing Drug Paraphernalia

In a broad sense, “drug paraphernalia” refers to any apparatus used to prepare, inject, inhale, or conceal illegal drugs. It also refers to any apparatus used in producing, packaging, or concealing unlawful substances.

The National Drug Intelligence Center states that it is against the law for anyone to sell, import, or export any drug paraphernalia. This applies to both the United States and other countries. In some states, there are also misdemeanor charges associated with possessing drug paraphernalia. The following items are some examples of drug paraphernalia, but the list is not exhaustive:

    • Pipes and bongs
    • Baggies, scales, and agents for cutting
    • Rolling papers
    • Needles, syringes, and complete injection kits

People can use drug paraphernalia for legitimate purposes. For instance, the packaging of pipes, bongs, and rolling papers typically includes a statement that the product’s intention is for use with tobacco. Even though the item bears such a label, it is possible to be charged with illegally possessing drug paraphernalia if one is found in possession. In most cases, the argument that using the items for legitimate purposes can be disproved if there is drug residue or evidence that the person used the items in conjunction with drugs.

Catching someone in possession of drug paraphernalia can result in a misdemeanor charge. However, there are increased penalties if the paraphernalia is sold or given to a minor.

In Louisiana, the penalties for being found guilty can be quite severe depending on the type of drug, the amount, and the purity of the drug in question, as well as whether or not you have a prior criminal record. The judge could sentence the defendant to a lengthy prison term, a hefty fine, or both. In addition, they have the authority to order the seizure of cash, vehicles, and other types of personal property. In light of the potentially life-changing repercussions, retaining the services of David E. Stanley, APLC as your legal counsel is an absolute requirement.

Making Sure to Protect Your Legal Rights in Court

Both the federal constitution and the states’ constitutions provide you with important rights with regard to drug testing. David E. Stanley knows how to defend and advocate for your legal rights in a court of law on your behalf. When necessary, he will file pretrial motions to have the charges against you dismissed, to have the evidence taken by the police suppressed, and to examine and cross-examine witnesses to disprove the allegations that have been made against you.

He will fight to prevent the admission of damaging evidence and testimony because he is knowledgeable about criminal procedure and evidence in both federal and state courts. If he cannot secure a complete acquittal, he will attempt to negotiate with the attorneys representing the prosecution for a lesser charge or a reduced sentence.

Frequently Asked Questions

  • What Is the Relationship Between Drugs and Crime?

One can explain the relationship between drugs and crime as follows: People who use illegal drugs are more prone to committing crimes, and it is not unusual for people who have used drugs or alcohol in the past or who were using them at the time of the act to commit various offenses, including violent crimes.

  • What Is The Most Common Drug Charge?

Possession of marijuana is the most common drug charge, which is a misdemeanor up to a certain amount (the amount varies by state). Marijuana possession is gradually being decriminalized state by state. Even in states where it is still illegal, the penalty is often only a fine. Nonetheless, it is the most common drug offense and can often have serious consequences.

  • How Many Crimes Are Usually Drug-Related?

It is estimated that 41% of violent crimes committed against college students and 38% of violent crimes committed against non-students were perpetrated by an offender suspected of drug use.

Competent and Dedicated Representation

An arrest can cost you more than just your money and your liberty. A conviction can follow you throughout your life. David E. Stanley is a tenacious lawyer who will act quickly in your best interests to avoid or mitigate the consequences of negative outcomes should you be in the unfortunate situation of being accused of drugs and narcotics crimes.

Even if you face the most serious charges, you should seek legal counsel as soon as possible if your freedom is at stake—the law firm of David E. Stanley APLC has extensive experience in Louisiana Law and is capable of defending and protecting your rights. Contact Mr. Stanley today if you need a strong advocate who can confidently handle your case.

Call David E. Stanley Today!
Dial 225-399-0709 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802