A gavel, handcuffs, and glasses arranged on a wooden table, symbolizing the work of a criminal law attorney.

Criminal Law Attorney: What Are the Factors to Consider?

Facing criminal law charges can be an overwhelming and distressing experience. Having a seasoned criminal law attorney by your side is essential during such challenging times. Hiring the right criminal law lawyer can make a significant difference in the result of your case. It’s crucial, therefore, to carefully weigh your options and choose someone qualified and with whom you feel comfortable.

Drug Crime Evidence

What to Assess When Choosing a Drug Crime Lawyer?

Drug Crime Lawyer

Drug crimes have severe penalties in Louisiana. A drug conviction can have a significant negative influence on your life. It might result in job loss, make it challenging to find new employment, or even cause you to lose custody of your children. These are only a handful of the legal consequences of felony drug convictions. When selecting a drug crime lawyer who can adequately manage your drug case, you must pick one who is skilled, informed, and reliable. Here’s where David E. Stanley, APLC’s drug crime attorney, may assist you. 

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The Factors to Consider When Hiring a
Drug Crime Lawyer in Louisiana

When hiring a drug crime lawyer in Louisiana, several vital factors should be considered to ensure you secure the proper legal representation for your case. Louisiana, like many states, has stringent drug laws, and navigating through legal complexities requires expertise. Here are the key considerations that can guide you in making an informed decision when selecting a drug crime lawyer.

  • Experience and Expertise

One of the paramount factors to consider is the lawyer’s experience handling drug crime cases. Look for a criminal defense lawyer who is focused on drug-related offenses. This expertise is vital as drug cases can involve intricate legal issues, including search and seizure laws, evidence admissibility, and understanding the specific drug statutes in Louisiana.

  • Knowledge of Louisiana Drug Laws

Louisiana has its own set of drug laws that can vary from federal regulations. A knowledgeable drug crime lawyer should be well-versed in state and federal drug laws to build a robust defense strategy. Understanding the nuances of Louisiana’s Controlled Dangerous Substance (CDS) laws and penalties is essential for effective representation.

Drug Crime Lawyer
  • Track Record of Success

Review the lawyer’s track record in handling drug crime cases. Success in similar cases indicates the lawyer’s competence and ability to navigate the complexities of drug-related legal proceedings. A drug crime lawyer with a history of securing favorable outcomes for clients facing drug charges will likely be better at handling your drug crime case effectively.

  • Client Reviews and Testimonials 

Seek feedback from previous drug crime clients to gain insights into the lawyer’s reputation and client satisfaction. Reviews and testimonials can offer good information about the lawyer’s communication skills, responsiveness, and effectiveness in handling drug crime cases. 

  • Communication Skills

Effective communication is crucial in legal proceedings. Ensure the drug crime lawyer you choose is knowledgeable and can communicate complex legal concepts clearly and understandably. A drug crime lawyer with solid communication skills will keep you informed about the progress of your case and explain legal options in a way you can comprehend.

  • Availability and Accessibility

Consider the lawyer’s availability and accessibility. Legal matters can be time-sensitive, and having a drug crime lawyer who can promptly respond to your queries and address concerns is vital. Clarify the expected response times and communication channels to ensure understanding.

  • Client-Attorney Privilege

Ensure the lawyer respects and upholds client-attorney privilege. Trust and confidentiality are crucial in legal matters, and a lawyer who values the sanctity of this privilege will create an environment where you can openly discuss details of your case without fear of unauthorized disclosure.

  • Negotiation Skills

Many criminal cases, including drug crimes, are resolved through negotiations. A skilled negotiator can secure a more favorable plea deal or reduced charges. Assess the lawyer’s negotiation skills and ability to work with prosecutors to achieve the best possible outcome for your case.

A Drug Crime Lawyer
  • Local Court Experience

Familiarity with Louisiana local court procedures and personnel can be advantageous. A lawyer with experience in Louisiana’s court system may have insights into local judges, prosecutors, and court practices, potentially influencing the outcome of your case.

Hiring a drug crime lawyer in Louisiana demands a thoughtful and thorough approach. Considering the above factors, you can raise your chances of securing competent legal representation tailored to the state’s unique complexities of drug-related offenses. Remember, the right drug crime lawyer can make a significant difference in the outcome of your drug crime case, and investing time in selecting the appropriate legal counsel is a crucial step in safeguarding your rights and future.

Frequently Asked Questions 

What Is a Drug Crime Defense Attorney?

A drug crime lawyer can help you present your case effectively and truthfully to obtain the best outcome or sentence possible. Even if you may not be able to ultimately avoid a conviction or guilty plea, getting assistance from someone who can strengthen your case or present mitigating evidence to lower the charge may help you achieve a more favorable outcome or a lighter sentence. 

What Do Drug Crime Defense Attorneys Do?

Drug defense attorneys have an extensive understanding of the legal system, allowing them to represent you effectively. Furthermore, a lawyer focusing exclusively on drug charges would undoubtedly know how to act, what to say, and how to behave in court. They will also be able to counsel you on these matters.

What Types of Drug Offenses are Common in Louisiana, and How can a Specialized Lawyer help?

A drug crimes lawyer can help by knowing the specific types of drug offenses that are common in Louisiana. Louisiana deals with various drug offenses, including possession, cultivation, manufacture, distribution, and trafficking. A specialized lawyer can navigate these charges, building a defense tailored to the specific allegations made against you and the particular charges filed by the district attorney.

What Are the Defenses against Drug Crime?

The most common defenses against drug crime are:

  • The drug found was the product of an unlawful search and seizure by law enforcement officers.
  • The seized narcotics belonged to someone else—perhaps a friend or roommate.
  • The material you were found to possess was bunk and not, according to the crime lab analysis, a controlled dangerous substance. .
  • The drugs have been lost or destroyed (i.e. the police misplaced them).

 

Trustworthy Drug Crime Attorney

David E. Stanley devotes time and effort to developing the most comprehensive defenses possible for the benefit of its clients. Mr. Stanley has handled drug cases and can provide the attention, direction, and assistance you need to navigate this stressful procedure. If you need a trustworthy drug crime lawyer, contact David E. Stanley, APLC. 

Call David E. Stanley, APLC, at (225) 926-0200 Today

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

 

drug charge attorney

Effective Defense Strategies, According to a Drug Charge Attorney

Drug Charge Attorney

Facing drug charges in Louisiana can be a daunting and frightening situation. A conviction can have serious legal consequences, ranging from fines to jail time. However, it’s critical to remember that persons charged with drug charges have plausible defenses. 

Drug Charge Attorney David E. Stanley, APLC, knows numerous techniques that may be used as effective defenses against drug accusations in Louisiana. As an experienced lawyer, he fights for his clients and mounts a strong defense against allegations.

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Contact David E. Stanley, APLC

Understanding Defenses to Drug Charges in Louisiana

It’s critical to grasp the various sorts of drug accusations in Louisiana. Common drug charges include possession, distribution, production, and trafficking. Each offense has a distinct penalty, and the defense approach can be altered based on the facts of the case. Here are some defenses a drug charge attorney can use for your case.

  • Innocence

Sometimes, a furious partner or ex-spouse tries to undermine a reliable spouse. Parents engaged in contentious divorces or custody disputes have been known to manipulate children into saying one parent “touched” them in a specific manner or to insinuate molestation in other ways to obtain an edge in a custody court. Regardless of the objective facts or the absence of tangible evidence, well-meaning parents, police officers, prosecutors, and other legal system personnel who saw themselves as champions for the child victim may provide coaching to children.

  • Unlawful Search and Seizure

The Fourth Amendment to the United States Constitution protects citizens from unwarranted searches and seizures. So, one effective defense is questioning the legitimacy of the search and seizure that led to the finding of the accused narcotics. Any evidence obtained during a search without a proper warrant, consent, or reasonable cause may be declared inadmissible in court. If the search was illegal, key evidence might be excluded, significantly undermining the prosecution’s case.

  • Chain of Custody Issues

The phrase “chain of custody” refers to the chronological documentation and proper management of evidence from its seizure until it is presented in court. It can be a practical defense approach if disparities or issues regarding the chain of custody exist.

Your drug charge attorney may dispute whether the evidence was handled, kept, and transferred correctly. Any gaps or irregularities in the chain of custody might raise reasonable doubt about the validity of the evidence, potentially leading to its removal from the trial.

  • Lack of Knowledge or Possession

Another typical defense approach is to claim that the accused was aware of the existence of drugs or did not have control over them. Attorneys may contest the evidence by establishing that the narcotics were not in plain sight, were found in shared areas, or belonged to someone else. Lack of knowledge or control over the drugs might raise reasonable doubts about the accused’s guilt.

  • Medical Necessity

Individuals may possess restricted drugs for valid medicinal reasons in some situations. A defense tactic is demonstrating that the accused has a legitimate prescription for the medications in question. Attorneys can provide medical papers, prescriptions, or expert testimony to prove that the accused’s possession of the substances was legal and required for their health.

  • Miranda Rights Violation

If law enforcement fails to advise the accused of their Miranda rights during the arrest, any comments or admissions made by the subject may be inadmissible in court. Attorneys can investigate whether the accused received proper rights instruction and made self-incriminating remarks before the Miranda warning. Such a violation might affect the admissibility of arrest statements.

  • Entrapment

Entrapment happens when law enforcement influences someone to commit a crime they would not have done otherwise. This defense approach entails establishing that the accused was pressured, enticed, or duped into engaging in illicit conduct by law enforcement or an informant. Attorneys may acquire evidence, such as undercover recordings or witness testimony, to show that the accused was not inclined to commit the crime and only did so due to excessive pressure or manipulation.

  • Challenge Lab Analysis and Forensic Evidence

Attorneys may raise concerns about the accuracy of drug testing methodologies, the competence of forensic analysts, or the management of samples. Defense counsel may undermine the prosecution’s case by calling into question the scientific validity of the evidence. This defense is essential when the amount or kind of drugs significantly impacts the severity of the charges.

Being charged with a drug violation in Louisiana can be a frightening experience, but learning suitable defense methods is critical for a fair legal fight.

Drug Charge Attorney

What Are The Qualities of a Good Drug Charge Attorney?

Having a reliable drug defense lawyer is crucial in winning the case. Individuals facing drug charges in Louisiana should speak with a knowledgeable and experienced drug charge attorney who can examine the circumstances of their case and establish a personalized defense plan. Here are the qualities a reasonable drug charge attorney shall possess:

  • Skill and Experience

Look for criminal defense lawyers who have successfully defended drug cases. A professional attorney familiar with Louisiana’s drug laws can handle your case’s intricacy. Find out the lawyer’s experience dealing with Louisiana’s drug production, manufacturing, or trafficking. 

  • Local ties and knowledge

Louisiana’s legal system is unique. Thus, a local drug charge attorney may be helpful. Local attorneys know local courts, Louisiana’s prosecutors, and law enforcement. This knowledge will help them adapt their defense strategy to local law.

  • Record and Reputation

Consider how well the attorney gets clients’ outcomes. Check Louisiana drug charge attorneys’ reputations and track records. Look for online reviews, client feedback, and publicized successes or notable incidents. Attorneys with solid reputations are skilled and competent.

  • Communication Clarity and Transparency

A responsive attorney shows commitment to your case and can reduce stress at a difficult time. Choose an attorney who communicates well, updates you on your case, explains legal concepts in layperson’s terms, and answers questions swiftly. 

Also, talk with a confident and skilled courtroom attorney who can present layman, cross-examine witnesses, and respond to unexpected trial events, boosting the probability of a successful conclusion.

  • Recommendations 

 Hearing from individuals who faced comparable drug charges and successfully handled the legal process with a specific attorney will help you understand what to anticipate. Friends, relatives, and other attorneys can recommend reliable and competent lawyers.

With the correct legal representation, you can confidently face Louisiana drug charges and maximize your chances of a good outcome.

Frequently Asked Questions 

What Is a Drug Lawyer?

A drug charge attorney is someone who specializes in drug crime matters. Drug possession, distribution, trafficking, production, and other associated offenses are examples of such crimes. Drug charge attorneys are well-versed in drug laws and regulations, and they strive to defend persons who are facing legal troubles relating to drugs.

When Should I Consult With a Drug Charge Lawyer?

It is best to retain the services of a drug charge attorney as soon as you become aware of pending charges or fears you may be charged with a drug-related violation. Early engagement enables the attorney to construct a solid defense, gather evidence, and navigate legal procedures immediately.

What Qualities Should I Look For in a Drug Charge Lawyer?

When selecting a drug charge attorney, consider their expertise with drug cases, reputation, success rate, communication skills, and costs. Choosing an attorney familiar with your area’s drug laws and who can adequately argue for your rights is critical.

Criminal Defense Attorney Baton Rouge, LA

Drug charge attorney writing on a document

David E. Stanley, APLC, is a well-regarded criminal defense attorney who has defended felony drug charges in Louisiana. Call Attorney Stanley to set up your private and in-depth drug defense strategy consultation. He has handled drug cases and can provide you with the attention, guidance, and help you need to get through this challenging legal procedure. 

Call David E. Stanley, APLC, at 225-926-0200

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

 

A judge's gavel and a person reading a book

How Do You Choose the Right Drug Crime Lawyer for Your Louisiana Case?

Drug Crimes Defense Attorney

Drug crimes have severe penalties in Louisiana, and the penalties include lengthy jail terms, heavy fines, and a permanent bad criminal record upon conviction. A conviction will have a detrimental effect on your life. Expected consequences include losing custody of any children, having problems obtaining new work, losing your job, and having trouble finding a new home.

Drug crimes are either classified as misdemeanors or felonies, and the charges you receive will determine the severity of your punishment. Convictions may also serve as a link between federal and state law in Louisiana. As usual, felonies carry far harsher penalties than misdemeanors, potentially for years in prison.

If you face drug crime charges, seeking criminal defense representation from an experienced attorney is in your best interest. Our Louisiana drug crimes defense attorney, David E. Stanley, APLC, has court experience and will vigorously defend you as he strives for the best possible result in your case. Remember that a suspect remains innocent until proven guilty and that an arrest does not imply guilt. You must understand that selecting the right criminal defense attorney can significantly impact your future, including whether you receive a prison sentence, probation, drug rehab, or walk free. To assist you and inform you about the allegations against you, our drug crimes defense attorney in Baton Rouge, LA, protects your best interests by helping and educating you on the drug crime charges you face so you can be an active participant in your defense.

Are You Looking for a Drug Crimes Defense Attorney
In Baton Rouge, LA?
Contact David E. Stanley, APLC

How to Choose the Right Drug Charge Lawyer for Your Louisiana Case

If you’ve received drug charges in Louisiana, you will want to find the right lawyer to take your case. If not, you might have to spend years in prison. Here are the tips for finding the right drug crime lawyer in Baton Rouge, LA. With these tips, you can find a lawyer qualified to take your drug crime case.

Drug Crime Lawyer in Louisiana

1. Start Searching with Word of Mouth

Inquire with friends and relatives about their experiences working with their attorneys. They could even recommend a reputable legal practice even if they do not practice criminal defense. Then, if you know a friend or relative of yours who had a positive experience with them previously, you can investigate their law firm. Ask your attorney to recommend a lawyer if they practice in a different area. Remember to request a drug charge defense attorney. After all, you want to find someone exceptionally qualified to win your case.

2. Check Online

Go online after you’ve begun compiling a list of potential drug crime defense lawyers. Look for online reviews first. If there are a lot of bad reviews, move on. Ask the criminal defense attorney if you can chat with any of their prior clients if you feel like they’re a good fit but can’t locate any reviews online.

Ensure to check with the local bar association while you’re online. Do they belong to a group? Verify that their standing is favorable as well. Next, confirm their specialization. Seeking a drug crimes defense attorney with prior experience in cases similar to yours is recommended. Please find out how long they have been a drug crimes defense lawyer. Selecting an attorney with specialized legal skills will bring you peace of mind.

Their area of expertise will also demonstrate that they are knowledgeable about the most recent regulations and guidelines. They may need the required experience to win your case if they focus on something other than drug charges. Next, find out if they belong to any other legal associations. Other Baton Rouge attorneys probably respect them if they hold any leadership positions.

3. Study the Success Rate

Ensure a drug crimes defense attorney wins cases related to their area of expertise before hiring them. Inquire about their past performance. Have they won many instances involving drug crimes? Have they moved on to another expertise, or were their victories recent? Once more, confirming their background is pertinent to the laws as their stand is critical. Would they instead give in? Sometimes, a criminal defense attorney who settles cases quickly is more worried about their reputation than assisting you. Gaining insight into the successes and failures of a criminal attorney will help you get an improved opinion of their talents.

4. Hire a Drug Crimes Defense Attorney Who Knows the Local Justice System

Four hundred fifty-six thousand people, or one-fifth of the total jail population, are detained on drug-related charges. Every case, however, is unique according to the local legal system. Choosing a drug crimes defense attorney knowledgeable about Louisiana’s possession laws is essential. Their connections and local expertise can support your case. Find out if they have any prior courtroom experience. Ensure you have a prepared lawyer in case the matter goes to trial. If you are still waiting, you might have a lawyer who is reluctant to appear in court.

A lawyer signing a document

5. Interview Them

Meet with each prospective drug crimes defense attorney in person after you’ve compiled a list of them. Make sure to prepare a list of inquiries in advance. Keep in mind that you are employing them. Treat this meeting like you would an interview for a job. You can ask the attorney about their:

  • Experience
  • Success rate
  • Delivery time
  • Pricing
  • References
  • Availability

For instance, you should confirm that the drug crimes lawyer has enough time for your case. Do they have a lot on their plate right now? Will they ultimately pawn you off to another lawyer if that’s the case? Before signing anything, make sure you have read the contract thoroughly. Certain lawyers charge a fixed fee. Before you sign anything, please find out how much they anticipate your case will cost and how payments will be made. Go over your notes from this interview. With whom did you feel most at ease? Who took the time to hear your story and thoroughly assess your case? Following your instincts when selecting a lawyer for your case is essential.

Frequently Asked Questions 

What Is a Drug Charge?

A drug charge is a criminal charge brought against an individual who has been found in possession of illicit substances. It is possible to file drug charges against people or companies who produce, distribute, and sell drugs.

What Happens if Charged with a Drug Offense?

If charged with a drug offense, you will be placed under arrest and held until the scheduled court appearance. During your initial court appearance, known as an arraignment, you can enter a guilty or not guilty plea if accused of drug possession or distribution. You may not be granted bail if the court determines you pose a public safety or flight risk. If not, they will order you to post bail—a specific sum of money you must deposit with the court—to be released from custody. That money is forfeited, and an arrest warrant is issued if you don’t appear in court.

The prosecution and your lawyers, over the upcoming weeks and months, will negotiate the accusations against you. Most cases end in a plea agreement or are dismissed. Still, if the prosecution and defense cannot reach a consensus, the matter will go to trial and be decided by a jury, with the proceedings being presided over by a judge. You will enter a guilty or not guilty plea based on the outcome. If you are found guilty, the judge will impose the appropriate sentence on you.

What Types of Penalties or Punishments Can I Receive If Convicted of a Drug Charge?

If charged with a drug crime, you will receive the following penalties or punishments:

  • Fines

A fine is a sum of money levied by the legal system. The severity of the crime charge will determine how much of a fine is imposed. For instance, if you are found guilty of simple possession on your first violation, the punishment might be between $100 and $500. On the other hand, if you are found guilty of drug sales, the fine may be as high as $20,000. Instead of receiving cash as payment for a drug offense, community service hours can be used to offset any fines.

  • Community Service

Rather than a monetary fine, this kind of punishment entails completing unpaid labor for the good of society. Should you be found guilty of a drug charge and given community service hours as a sentence rather than fines, you might have to put in anywhere from 100 to 300 hours of work. Building community amenities like parks and schools or maintaining public spaces are typical community service projects.

  • Jail Time

The kind of drug violation committed and any prior offenses committed by the person facing charges will determine how long the accused spends behind bars. Depending on the seriousness of the crime and the number of prior charges the accused individual has committed, a person charged with a drug violation may spend one day to 25 years in prison.

  • Probation

A probation order is a directive from the court system to a convicted individual, warning them that if they don’t follow specific guidelines for a specified period, they risk jail time, fines, and other penalties imposed by the court system before they are found guilty and sentenced for their offense  Probation terms often range from one year to three years, based on the seriousness of the crime and the number of violations you had committed before to being found guilty of the present charge  It’s also crucial that you adhere to your probation because failing to do so could land you in jail or significant difficulties.

What Is Drug Court?

Drug court is an alternative sentencing program in which defendants facing lesser charges can participate instead of more conventional sentencing options like fines or jail time in certain nations. Drug Court gives people accused of minor offenses a chance to avoid going to jail while participating in treatment programs meant to help them overcome their addiction problems and criminal behavior patterns. This way, after they fulfill the program’s requirements and serve their prescribed probationary period, they won’t commit crimes again.

What Are the Penalties for Drug Possession?

Those caught in possession of cocaine may be subject to:

  • Under 2 grams: up to $5,000 in fines and two years in jail
  • 2 to 28 grams: up to five years in prison and $5,000 in penalties

If heroin is discovered in their possession, they risk:

  • Less than two grams: two to four years in jail
  • 2 to 28 grams: two to ten years in jail and a $5,000 fine for possession of the drugs.

The severity of the punishment increases with weight, and possession with intent to distribute (PWIT) is presumably what the state will charge you with.

Baton Rouge, LA Drug Crimes Defense Attorney

Drug Crime Lawyer in Louisiana

If charged with a drug crime, contact an experienced Baton Rouge, LA drug crimes defense attorney immediately for legal representation. A drug charge has severe consequences because it can result in several years of jail time and higher fines. The kind of drugs you are charged with possessing will determine the severity of the punishment, so you must speak with a drug crimes defense attorney to better assist you through this process. David E. Stanley, APLC, can evaluate your case to determine your best legal defense against your drug crime charge. Contact us for legal representation immediately!

To Schedule a No-Obligation Consultation,
Call David E. Stanley, APLC, at 225-926-0200

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

Evidence of Drug Paraphernalia

Everything To Know About Opioid Addiction

Many Americans have been affected by the opioid crisis, which has caused great grief, heartbreak, and unfathomable devastation. Many people who were only looking for a means to control their discomfort instead developed a crippling addiction to the prescribed medicines. And far too frequently, that addiction resulted in a sad overdose death.

Our society and judicial system have begun to recognize that, in many situations, an addict’s opioid is not because willpower or moral failure is lacking. Instead, evidence now points to a different story: that the healthcare business purposefully failed to protect the patients it promised to serve.

Suppose you or a loved one has lost a family member to opioid addiction or overdose. In that case, you or a loved one may be able to hold the drug manufacturer accountable and seek justice and compensation. At David E. Stanley, APLC, we’re ready to fight for you and your loved ones. Call us today to set up a case review at no cost or obligation.

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At 225-926-0200 Now!

Opioid Addiction: An Overview

What Are Opioids?

The medication used to treat people who are suffering from moderate to severe pain is called opioids. Because they are not from organic material like poppy plants, these drugs vary from other medicines, including opiates. Opioids, on the other hand, are made wholly in laboratories from synthetic ingredients. The following are some examples of commonly used opioids:
● Morphine
● Propoxyphene
● Oxycodone
Abuse of any of these substances has the potential to be fatal. All of these treatments, unfortunately, are highly addicting. Further inquiries about opioid classifications could be answered by a skilled attorney, who could assist a plaintiff in determining their alternatives and understanding their circumstances.

Why Are Opioids So Risky?

Evidence of Drug Paraphernalia

In the United States, opioids have become a growing problem. An opioid overdose claims the lives of another 80 people. Even though prescription medicines are harmful, doctors continue to prescribe and refill them. Prescriptions for opioids have soared, even though Americans aren’t in any more incredible pain. Opioids have a significant potential for addiction. Taking opioids has been linked to various health problems, including death.

What Are The Health Consequences Of Opioids?

Prescription opioid medicines are pretty compelling. Opioids are to be only used to treat acute or terminal pain. Opioids did not traditionally treat Chronic non-cancer pain. Using it for anything other than acute or terminal pain was controversial for various reasons.
One reason for this is the well-known phenomena of psychological addiction that can emerge when you use these drugs. The other reason is that long-term use may pose health risks and have adverse side effects. Below are some of the most common opioid-related adverse effects and complications:
● Sedation
● Dizziness
● Vomiting and nausea
● Constipation
● Respiratory depression Physical dependence
● Delaying gastric emptying
● Hyperalgesia
● Compromised immune system
● Injury at the time of birth
● Hormonal imbalances, as well as Rigidity of the muscles

Who’s To Blame For Your Opioid Addiction?

Evidence of Drug Paraphernalia

Don’t allow pharmaceutical firms to convince you that you’re to blame for your opioid addiction and injuries. You were confident that the pain medication your doctor provided was safe. You assumed you’d been warned about all of the possible dangers. You believed you had made a well-informed health decision. Instead, you were most likely the victim of a deceptive disinformation effort. As a result, you may have a valid claim for damages against the drug manufacturer and the physician who prescribed your opioid medication.

1. Pharmaceutical Businesses

Any business that develops or sells a product is responsible for ensuring it is safe to use. Failure to state health issues may subject you to too strict liability under the state’s product liability statutes for any injuries.

2. Doctors, pharmacists, and other healthcare workers

Doctors and other healthcare providers are required by law to act in the best interests of their patients. Because of their specific education and training, healthcare professionals hold to a higher standard of care. They must practice medicine and write prescriptions in a way that causes the least harm to patients. Unfortunately, some doctors do not follow this protocol.

If your doctor or healthcare provider overprescribed opioid medicine or neglected to explain the risks of taking opioid prescriptions, you may have a valid medical malpractice claim. Similarly, if a pharmacist misses a wrong medication or provides you with the incorrect drug, resulting in your addiction or health problems, you may have a claim against them.

What Are Kinds Of Damages Available To Opioid Epidemic Victims?

When you sustain injuries because of the carelessness, negligence, or wrongful behavior of someone else, you are entitled to compensation for your losses. Our opioid injury lawyer at David E. Stanley, APLC, is here to help you maximize your financial recovery. We’ll pursue any damages to which you’re entitled.

Frequently Asked Questions

Who Is Eligible To Claim An Opioid Lawsuit?

People who grew addicted to opioids have filed lawsuits after reportedly being told they were not as addictive as long as taken as prescribed. Many additional parties have brought cases in addition to individuals and families. In addition, cities, counties, states, tribes, and schools have brought opioid lawsuits against drug companies to recoup damages to fund the costs of combating the opioid epidemic.

Why File Opioid Lawsuit?

Individuals, families, schools, and local and state governments must deal with the staggering costs of treating opioid addicts and their communities’ ramifications. Cities, counties, tribal governments, and states are pursuing opioid litigation against drug manufacturers to recoup damages related to the epidemic’s increased insurance costs, criminal justice costs, substance abuse treatment costs, lost productivity, and other fees.

Communities can utilize lawsuits or bankruptcy claims to hold pharma companies accountable for their roles in driving the opioid abuse crisis while also receiving damages to compensate for the losses they have sustained. In addition, local and state governments might potentially gain the resources they need to combat the opioid epidemic in their areas by filing lawsuits or bankruptcy claims.

Is There A Time Limit For Filing Opioid Claims?

Creditors have stringent timeframes to file claims with the bankruptcy court. The creditors named in the company’s papers are known as listed creditors. The court will notify these creditors and allow them to study the proposed settlement and file any objections they may have. There are strict deadlines for non-listed creditors to file claims in the bankruptcy process. Plaintiffs have until the deadline to file their evidence of claim forms with the bankruptcy court. They will lose their capacity to claim damages through the company’s bankruptcy proceedings if they do not comply.

The Best Opioid Addiction Attorney

Evidence of Drug Paraphernalia

If dangerous opioids have harmed you or someone you care about, you may be able to seek financial compensation. You might be able to pursue adequate monetary damages for your setbacks if you direct your claim at either the doctor who prescribed the prescription or the firm that developed it. It’s never simple to pursue these claims, but an opioid lawsuit lawyer like David E. Stanley, APLC, can help you get a better result. So get in touch with us right away!

To Schedule An Appointment,
Contact David E. Stanley, APLC
At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

Drug Criminal Lawyer

How Going Through The Drug Courts Protect Drug Addicts Persons

Addiction is a curable disease; however, most addicts find it difficult to seek proper treatment. Treatment of drug-addicted offenders offers a unique opportunity to lessen substance misuse and criminal behavior.

Those accused of certain drug offenses who agree that their addiction contributed to their illegal activities may be eligible for drug court procedures rather than regular criminal proceedings. Drug court can be a harm-reduction option for people already facing charges.

If you are facing drug charges, it is essential to seek legal counsel right away. Attorney David E. Stanley has years of experience defending clients in drug court and can help you get the best possible outcome for your case. Contact us today for a free consultation!

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How Can Going Through The Drug Courts Protect Drug Addicts

  • What Are Drug Courts?

The drug court is a type of specialized treatment court. In addition, there are drug courts for adults and children and family therapy courts. These one-of-a-kind courts aim to assist persons accused of crimes in obtaining therapy and support.
Rather than simply penalizing those charged with a crime, drug courts attempt to assist them in avoiding future criminal conduct by addressing their addiction. As a result, a defendant in drug court will usually have to work closely with a judge and other court specialists to overcome their addiction.

  • How Do Drug Courts Operate?

You can escape a traditional criminal trial if you qualify for procedures in the adult drug treatment courts. Here is how drug courts work:

● Drug courts assist individuals in recovering from substance abuse disorders to reduce criminal involvement in the future.
● As an alternative to incarceration, drug courts minimize the load and costs of processing low-level, nonviolent offenders through the courts, jails, and prisons while allowing offenders to obtain treatment and education.
● Participants in drug court must refrain from substance use, accept responsibility for their actions, and fulfill the legal obligations associated with the charges they have committed.

  • How Drug Courts Protect Persons Who Are Addicted to Drugs?

A judge's gavel on a law book beside the stethoscope

1. Access To Treatment

Drug education and treatment are the most prevalent services for convicts with drug abuse or addiction issues. These innervations include; therapeutic alternatives to incarceration, treatment combined with judicial oversight in drug courts, prison and jail-based treatments, and reentry programs designed to help offenders move from detention back into the community. Treatment before, during, and after jail has dramatically reduced drug use and drug-related crime.

2. Monitoring And Supervision

Despite their highly structured and restricted surroundings, illicit drugs are utilized in jails and prisons. Enforced abstinence can induce criminal justice professionals and addicts to underestimate their risk of relapsing after jail.

Addicts will face hurdles to their sobriety upon release from prison or jail due to many stressors that raise their likelihood of relapsing to drug use. By monitoring the recovering person for at least a year, the drug court helps offenders deal with concerns such as the stigma of being called an ex-offender, the necessity for housing and a respectable job, and the stresses of reunifying with family.

Frequently Asked Questions:

Will Drug Court Hear My Drug Possession Case?

Whether or not you will go to a drug court is determined by your charges and the circumstances surrounding those charges. Because drug courts are not in every jurisdiction, not all cases that qualify will be heard in one. You can find out if drug courts are accessible in your area by speaking with a local attorney. Drug courts only consider cases involving nonviolent criminal offenses involving drugs or alcohol. Your case will most likely be in criminal court if any component of the charges against you requires violence.

What Is The Difference Between Drug Courts and Other Courts?

Drug courts mix criminal justice and medical treatment concepts to deal with drug offenses. They understand that incarceration, especially for first-time and low-level offenders, may not be the most effective option for breaking the cycle of drug addiction and crime. Instead, drug courts promote cooperation between the prosecution, the prisoner, and the court, prioritizing rehabilitation above imprisonment. Drug court programs can result in reduced penalties or perhaps the dismissal of charges entirely.

What Is The Duration Of the Drug Court?

Adult Drug Court has a two-year minimum sentence. One year is the minimum sentence for Juvenile Drug Court. However, the period may extend based on a person’s progress.

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Judge holding a gavel beside the justice scale

Addiction is a severe disease. It has a chemistry foundation, but it also contains psychological and sociological components. Drug courts are effective procedures for the legal system to help people who are addicted to drugs or alcohol.

If someone you know has a drug addiction, speak with an experienced criminal defense attorney to find out if drug court is the best option for you. David E. Stanley has years of experience navigating the drug courts and will work hard to get you the best possible result in your drug addiction case. So don’t be afraid to contact us right away!

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at 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

Narcotics

Six Narcotics Misconceptions You Should Know About

Some people don’t always understand the difference between a legal definition and its use in layman’s terms. The word “narcotic” is a great example. Most people associate narcotics with illegal narcotics such as heroin or opium. Many believe it refers to any chemical that can make the pain or the senses disappear.

It’s always crucial to ensure that people understand the charges they’re facing and that those involved in the sentencing process are using the phrases accurately. In some cases, it is lawful to possess narcotics. Therefore simply keeping them is not always a crime. How you obtained the drug and the particular narcotic in your possession will impact how your case is handled.

When defending yourself or trying to persuade a jury at trial, misunderstanding the vocabulary used to argue your case can make all the difference. If you are in legal trouble with narcotics, consult a criminal defense attorney, David E. Stanley. He’ll give you the best advice in any criminal case, including the possession of narcotics.

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6 Misconceptions About Narcotics

1. The Correct Definition of Narcotics

Opioids and their derivatives are referred to as narcotics. As a result, narcotics can refer to illegal substances like heroin and medically prescribed medications like hydrocodone or morphine.

2. Not All Narcotics are Prohibited

If you’re accused of carrying narcotics, don’t automatically assume that what you possessed was prohibited. Instead, the charge states that you owned an opioid during your arrest.

Because not all narcotics are banned, it’s vital to understand that the charges you’re facing could be for illegally possessing a legitimate drug or be wholly false. For example, if you had a prescription for seven pills of hydrocodone, but your bottle included 14, you could be arrested for possession. Why? Based on your prescription, you have more than you are legally authorized. Selling legal narcotics might also potentially result in charges.

Doctor's stethoscope on prescription document beside eye glasses

3. Overdose Deaths Have Increased Four Times

The use and misuse of opioid pain medicines since the 90s has rapidly increased due to a pattern of over-prescribing these medications. Opioid abuse has increased dramatically across the country and demographic lines.

Pain medicines were harder to obtain and more expensive when authorities clamped down on “pill mills” and “doctor shopping” across the country. As a result, many switched to heroin, which was less expensive and more readily available. This trend was reflected in the sharp increase in opioid overdose deaths across the United States, which nearly quadrupled between 1999 and 2014.

4. Only Illegal Substances Can Cause an Overdose is a Myth

The media’s sensationalism of celebrity deaths and relapses may be the basis of this myth, reinforcing the shameful societal stigma associated with addiction. However, both prescribed and illicit opioids were involved in 400,000 of the 700,000 drug overdose deaths (CDC). In addition, cross-contamination of illegal and prescription pharmaceuticals is also a common cause of overdose deaths.

Since the 1990s, overdose deaths from opioids have been on the rise in the United States, beginning with the misuse of prescription drugs.

Methadone, oxycodone, and hydrocodone were the most often abused opioid drugs. In addition, the use of heroin increased in 2010. Finally, in 2013, the usage of synthetic opioids such as fentanyl overtook heroin as the most common form of opioid addiction.

5. The Difference between Misuse and Abuse

You might not understand the distinction between “substance misuse” and “substance abuse” because there isn’t one. It’s only a question of semantics. According to the Surgeon General’s report on alcohol, drugs, and health, only about 10% of persons who require substance misuse treatment in the United States obtain it in any given year. One reason is the continuing social stigma associated with alcoholism and addiction.

As a result, professional treatment providers are increasingly using “substance misuse” instead of “substance abuse” because it appears to be less stigmatizing.

6. Medical Treatments Are Not a Replacement for Addiction Treatment

One long-held myth concerning pharmacological treatments to help persons with alcohol and substance use disorders is that treating craving and withdrawal with pharmaceuticals is equivalent to swapping one addiction for another.

Scientific studies have found that using methadone and buprenorphine to control opioid craving and withdrawal reduces substance misuse, the risk of relapse and overdose, criminal behavior, the transmission of infectious diseases, and helps addicts reclaim a healthy and functional lifestyle.

The belief held by many abstinence-based treatment programs using these drugs involves swapping one addiction for another is scientifically incorrect. Unfortunately, this has severely curtailed their use by those who could benefit from them. In addition, how methadone and buprenorphine can be prescribed and delivered has restricted their availability.

Frequently Asked Questions:

What Qualifies a Drug to be a Narcotic?

A drug qualifies as a narcotic when the pain reliever treats moderate to severe pain. Narcotics are no different than opiates like morphine and codeine but aren’t derived from opium. Instead, they link to opioid receptors in the brain and spinal cord.

Why Do People Take Narcotics?

People take narcotics because these prescription opioids commonly treat moderate to severe pain. Opioids can make some people feel relaxed, cheerful, or “high” in addition to treating pain and can be addictive.

Why Are Opioids Highly Addictive?

Opioids are highly addictive because they engage the brain’s powerful reward centers. In addition, endorphins, the brain’s feel-good neurotransmitters, are released when you take opioids. Endorphins reduce pain perception and increase pleasure emotions, resulting in a brief but profound sense of well-being.

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David E. Stanley is a criminal defense attorney dedicated to working closely with each client to swiftly and effectively handle their legal issues so they can return to their regular activities. In every case, his goal is to deliver exceptional customer service and achieve the maximum degree of client satisfaction.

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David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

Evidence of Drug Paraphernalia

Penalties For Drug Possession In Louisiana

Louisiana is one of the top five states in the United States with the worst drug possession penalties, with officials pursuing the maximum term. Suppose drug possession charges are brought against you in Louisiana. You must understand how the crime is prosecuted and the maximum punishment depending on the drug category.

Remember that every drug possession and trafficking case in Louisiana is considered a serious drug crime. After being arrested, you could be in a jail cell in a matter of hours, and if convicted, you stand to serve up to ten years in prison on a single drug possession charge. If you commit multiple drug charges, you might face up to forty years in jail!

David E. Stanley, APLC, is the best criminal Defense Attorney. He handles thousands of cases annually and ensures that his clients receive the best possible results. By contacting attorney David Stanley, you can discuss your drug possession charges or those of someone you love.

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What Are The Penalties For Drug Possession In Louisiana?

1. Louisiana’s Drug Possession Laws Are Strict

Did you know Louisiana has some of the country’s strictest drug possession laws? Unfortunately, their drug possession laws can be just as oppressive. If you’re discovered with even a tiny amount of illegal marijuana, you might face a two-week jail sentence and a $300 fine. If caught with more significant amounts of drugs, you might face a penalty of up to 40 years in prison!

2. Possession Of Any Amount Of Drugs Leaves A Permanent Mark On Your Record.

According to the state’s drug laws, getting caught with any illicit substance in Louisiana is a misdemeanor or crime. In addition, it implies that any amount will leave a mark on your criminal record for the rest of your life.

Because of the severity of the state’s drug possession penalties, you must treat drug possession accusations seriously. Therefore, getting caught with drugs is a serious matter that necessitates the assistance of an experienced criminal defense attorney.

3. Louisiana Has A Three Strikes You’re Out Rule Policy

A judge's gavel surrounded by law books

A “three strikes and you’re out” rule applies, in which the third violation becomes a crime. It is not something you want to happen! People can see these marks on your criminal record if you have them. People will be able to know that you have drug charges if you apply for a job, try to buy a house, or receive a loan. It isn’t looking good!

Even if the cop who arrests you tells you not to worry about such a minor charge, you should get the services of a criminal defense attorney who can help you minimize the consequences.

4. Heroin Laws in Louisiana

Unfortunately, the country is currently experiencing a heroin crisis. Heroin is one of the world’s most addictive and dangerous narcotics. As a result, the penalties for possessing it are more severe than those for other opioids.
Even a minor possession charge will result in a minimum of four years in prison with hard labor, rather than a few days in jail and a small fine. The fines that come with it will be significantly higher as well.

5. Medical Marijuana

Louisiana has recently allowed the use of medicinal marijuana for people with serious medical problems. As a result, laws regarding the possession of marijuana if you have a medical condition have changed. However, the penalties will still apply if caught with any illegally obtained marijuana.

Frequently Asked Questions

What Factors Go Into Deciding Whether A Drug Charge Is A Misdemeanor Or A Felony?

A drug charge is punishable by hard labor and is considered a felony. For example, anyone convicted of possessing less than two grams of cocaine faces a jail sentence of a maximum of two years, with or without hard labor. In addition, they might potentially be fined up to $5,000. On the first conviction of a simple marijuana possession offense involving 14 grams or less, the offender faces a maximum fine of $300, a maximum sentence of 15 days in the Parish jail, or both. The only distinction is that simple possession of marijuana does not require hard labor. As a result, it’s a misdemeanor.

If Police Suspect A Drug-Related Offense, Can They Search A Vehicle Without A Warrant?

Without a warrant, an officer can search a car if he has probable cause to believe narcotics are present and there are exigent circumstances.

If I’m charged For A Drug Crime, Should I Hire An Attorney?

You should always seek counsel if you believe you are being investigated for a crime. In the event of a trial, you cannot use the fact that you hired an attorney against you. Whether or not you engage a lawyer early on will make no difference to a judge or jury; by giving helpful information or negotiating with the police officer, hiring an attorney before arrest may prevent you from being detained.

The Best Criminal Defense Attorney

A judge's gavel beside a man with his notebook

If you are accused of having drugs on your person, you need to get a lawyer as soon as possible. You could get a long prison sentence or other harsh punishments if you don’t have an experienced lawyer on your side. David E. Stanley, APLC, has years of experience defending people accused of drug possession, and he will fight hard to get you the best outcome. So get in touch with us immediately to set up a free consultation.

Call David E. Stanley, APLC, At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

Police search the vehicle after traffic stops and checks the driver

What You Should Know About Car Searches After Traffic Stops

There are federal rules in place to safeguard citizens from police misbehavior. In addition, the Fourth Amendment to the United States Constitution also protects you from unreasonable searches and seizures and protection frequently invoked in criminal cases. If you are facing criminal accusations, regardless of whether they result from a car search, consult David E. Stanley, an experienced criminal defense attorney.

When is it illegal to conduct a traffic stop or a car search? Unfortunately, police officers are frequently willing to break the rules regarding handling people, particularly when they suspect a narcotics crime. A cop may be eager to stop you for questionable reasons or inspect your vehicle without having the legal authority to do so. When would you be able to object to a traffic stop or a police search of your car?

For law enforcement, there are numerous motivations, not the least of which is civil asset forfeiture, which might provide their department with additional incentives. That is why it is necessary to employ the services of an experienced attorney who is knowledgeable on traffic stop legal advice if your car was detained at a stop and then searched. The best lawyer for that is David E. Stanley, APLC. Contact him today for a free consultation.

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4 Legalities of Car Searches After Traffic Stops

1. The Police Must Justify a Traffic Stop

You have the right to question why an officer pulled you over as soon as they did. If they don’t have a compelling basis for stopping you, it’s a red flag that they’ve likely infringed on your rights.

A traffic stop usually results in a citation, and the irritated motorist drives away. However, an officer may extend a traffic stop and search the driver’s vehicle.

An officer who has stopped a car may have legal grounds to search it in specific cases. However, sometimes that just isn’t available. For example, suppose an officer doesn’t see any apparent traffic violations or has any other objective reason for pulling a car over in the first place. In that case, any evidence uncovered during a car search will undoubtedly be inadmissible in court.

Police search the vehicle after traffic stops

Officers may profile you if they see you leaving a particular company or if you have a particular bumper sticker on your vehicle. In addition, a police officer may profile you and pull you over without probable cause based on the year and condition of your vehicle or your looks.

A traffic stop without probable grounds to suspect a major traffic offense is illegal, and the courts may exclude any evidence discovered during that traffic stop.

2. Car Searches Conducted Following a Simple Detention

Even if a traffic stop is legal, an officer who issues you a citation cannot search you or your vehicle unless there is a reasonable suspicion that you are armed and dangerous or involved in criminal conduct (other than the minor traffic violation).

The notion that the police can’t inspect a car just because they’ve stopped it. In the case of rental cars, the practical rule is that police may not inspect a rental car following a traffic stop solely because the driver is not listed on the rental agreement. By not being on the rental agreement, someone who has the authorization to use an automobile from the person who rented the car does not lose all of their Fourth Amendment rights.

3. A Car is Searched Following an Arrest

Despite the above rule, officers can inspect cars they’ve stopped in various situations. For example, many states have laws that allow police officers to arrest drivers for minor traffic violations like speeding or not wearing a seatbelt. The facts determine the legality of a later search in these and other arrest scenarios.

Police may check the passenger compartment of a car after detaining an occupant if it appears that the arrestee might get access to the vehicle during the search or if the vehicle contains:

  • Weapons
  • Objects illegally possessed, such as contraband or burglary tools
  • Evidence linked to a traffic stop
  • Ways of eluding detection

The following search must be limited to locations where the searching officer expects to discover the objects they are looking for.

4. Must Have Probable Reason to Search Your Vehicle

You may be arrested if a police officer discovers even tiny amounts of illegal narcotics in your vehicle. For example, a marijuana seed left by a former owner or a small amount of cocaine left by a passenger could be enough for the cops to arrest and charge you with a crime.

To search your vehicle, they usually need probable cause or a warrant. You should inspect your vehicle when you pull down the window and see drug paraphernalia or smell something. What an officer finds when they search your car without probable cause or your permission may not hold up in court. Knowing when police have the authority to stop you and search your vehicle can help you defend yourself against drug allegations.

Knowing when police have the authority to stop you and search your vehicle can help you defend yourself against drug allegations.

Frequently Asked Questions:

What is a Traffic Stop?

A traffic stop is a seizure and detention of a vehicle’s occupants violating the Fourth Amendment. A standard traffic stop is justified if a police officer rightfully suspects that the occupant is driving without a license or that the car is unregistered.

What is the Automobile Exception to the 4th Amendment?

The automobile exception to the 4th Amendment is a legal rule in the United States that reduces standard probable cause requirements and, in some circumstances, permits a police officer to search a motor vehicle without a search warrant.

When Can Police Seize a Vehicle?

Police can sequester a vehicle if they believe it is being utilized in a way that causes alarm, harassment, or distress, such as careless or inconsiderate driving. They can also take a car if they suspect someone is operating it without a valid license or insurance.

A man arrested by police

Experienced Criminal Defense Lawyer

David Stanley is a proactive defense lawyer with over 35 years of experience in criminal defense. He is the founder and principal of David E. Stanley, APLC. Mr. Stanley is a successful trial lawyer who devotes his practice to defending people accused of significant or complex federal or state felony crimes. In addition, he is determined to protect those who want to appeal their conviction or sentence to a federal or state appellate court.

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For a Consultation!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200