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

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.