Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
Drug possession charges in Louisiana can carry severe consequences, including jail time, hefty fines, probation, mandatory drug treatment, and a permanent criminal record.
The severity of the penalties depends on factors such as the type and amount of the drug, whether the possession occurred in a drug-free zone (such as a school), and whether there were aggravating factors like possession with intent to distribute.
But being charged does not automatically mean a conviction. Law enforcement often makes procedural mistakes, and the prosecution must meet a high burden of proof. A skilled criminal defense lawyer can examine the case against you, identify weaknesses, and fight to have charges reduced or dismissed.
Need help with your drug charge case? Call the Ikerd Law Firm at (337) 366-8994 for a consultation.
The Fourth Amendment protects you from illegal searches and seizures.
If law enforcement violated your constitutional rights while obtaining evidence, that evidence may be inadmissible in court.
Your attorney can file a motion to suppress evidence and argue that the drugs were obtained through an illegal search. If granted, the evidence is thrown out. Which may lead to dismissal of the charges. The sooner you speak with a drug crimes lawyer, the sooner they can begin investigating your case and developing a legal strategy.
The prosecution must prove you had actual or constructive possession of the drugs. Just because drugs were near you does not automatically mean you knew about them or they belonged to you.
Your attorney can present witness testimony, surveillance footage, or other evidence to show the drugs did not belong to you and that you had no control over them.
You cannot be convicted if you were unaware that drugs were in your possession. The prosecution must prove you knowingly had it.
A defense attorney can use a lack of fingerprints, DNA evidence, or inconsistencies in the prosecution’s case to argue that you were unaware of the drugs.
This defense claims that law enforcement or someone else placed drugs on you to frame you.
This defense requires strong evidence, such as video footage or a history of officer misconduct, to be successful.
The prosecution must prove beyond a reasonable doubt that you knowingly possessed an illegal substance. The case may be dismissed if there is insufficient evidence.
An attorney can question inconsistencies in police reports, challenge the lack of forensic testing, and argue that the prosecution has not met its burden of proof.
The prosecution must prove that the drugs seized are the same drugs presented in court. It can be challenged if evidence is mishandled.
A lawyer can challenge evidence storage procedures, missing documentation, and discrepancies in police reports to argue that the drugs cannot be conclusively linked to the defendant.
Entrapment occurs when law enforcement persuades someone to commit a crime they otherwise would not have committed.
Undercover officers were pressuring someone to hold drugs when they had no prior intent to do so.
An attorney can argue that law enforcement or their confidential informant induced the crime. The defendant would not have engaged in drug possession under normal circumstances.
Larger amounts often lead to intent-to-distribute charges. This requires a different defense approach than small possession cases.
Drugs found in a car or shared space may allow for a lack of possession or knowledge defense.
Drugs found on your person may require a search and seizure defense.
Prior convictions may limit defense strategies or affect plea bargaining.
“If the drugs were found on me, I’m automatically guilty.”
Possession alone is not always enough to convict someone.
“I should just plead guilty to get it over with.”
A drug conviction can have lifelong consequences. An attorney can get your charges reduced or dismissed.
If you are facing drug possession charges, do not assume you are out of options. With the right defense strategy, you may be able to reduce or dismiss the charges.
Contact us today to fight for your rights and your future.
The most common defense is challenging the legality of the search and seizure. If law enforcement conducted an unlawful traffic stop, warrantless search, or illegal stop-and-frisk, your attorney can file a motion to suppress the evidence under La. C.Cr.P. Art. 703. If the court grants the motion, the drug evidence is excluded and the charges may be dismissed.
The state must prove beyond a reasonable doubt that you knowingly or intentionally possessed a controlled dangerous substance. Under La. R.S. 40:966 through 40:970, this means proving you had knowledge of the substance, knew it was illegal, and had actual or constructive possession of it.
Constructive possession means the drugs were not on your person but were subject to your dominion and control. Under State v. Trahan (425 So.2d 1222), the state must prove you knew the drugs were present and had the ability to control them. Mere presence near drugs or association with someone possessing them is not enough (State v. Harris, 647 So.2d 337).
Possibly. When drugs are found in a space occupied by multiple people, the prosecution must present independent evidence linking you to the substance. Louisiana courts consider factors like proximity to the drugs, whether they were in plain view, and whether you had access to the specific area where they were found.
Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. Louisiana follows the subjective standard, meaning the court examines whether the defendant was predisposed to commit the offense (State v. Batiste, 363 So.2d 639). The defendant must first show government inducement and lack of predisposition, then the burden shifts to the prosecution.
Penalties depend on the drug schedule and amount. For Schedule I or II substances under La. R.S. 40:966 and 40:967, possession of less than two grams carries up to two years in prison and a $5,000 fine. Possession of two to twenty-eight grams of a Schedule I substance carries one to ten years. Possession in a drug-free zone under La. R.S. 40:981.3 can increase the maximum sentence by one and a half times.
Yes. Under La. C.Cr.P. Art. 893(E), a first-time offender convicted of a noncapital, nonviolent felony drug charge may qualify for deferred sentencing and probation. If you successfully complete probation, the court may set aside the conviction and dismiss the prosecution, which can then open the door to expungement.
A motion to suppress under La. C.Cr.P. Art. 703 asks the court to exclude evidence obtained through an unconstitutional search or seizure. When the state relies on evidence seized without a warrant, it carries the burden of proving the search was lawful. If the motion is granted, the drug evidence cannot be used at trial.
No. Louisiana drug possession statutes (La. R.S. 40:966(C), 40:967(C), 40:968(C)) specifically exempt substances obtained directly or pursuant to a valid prescription from a licensed practitioner. A valid prescription is a complete defense to a possession charge for that substance.
The prosecution must prove the substance presented at trial is the same substance seized during your arrest. If there are gaps in the evidence log, mislabeled containers, or signs of improper storage, a defense attorney can argue the integrity of the evidence is compromised. These issues can create reasonable doubt about whether the substance was tampered with or is even the same item collected at the scene.
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