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 leadto dismissal of the charges.
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.