New Orleans Drug Possession Lawyer

Don’t talk to anyone about your drug charge until you’ve talked to a lawyer.

I’m John Radziewicz, and as a New Orleans criminal defense attorney, I am passionate about defending my clients’ rights. If you’re facing possession with intent to distribute charges, you can count on my team and I to focus our full attention on your case. What is the difference between a simple possession charge and possession with intent to distribute in New Orleans? No one knows. That’s where your New Orleans drug possession lawyer can help.

A possession with intent to distribute charge usually relies on circumstantial evidence to get a conviction. That’s why it’s important to exercise your right to remain silent and call a knowledgeable New Orleans criminal defense attorney. You might be able to reduce your charges to possession only or get the charges dismissed altogether.

Possession with Intent to Distribute Attorney in the greater New Orleans area

Are you facing felony drug charges for possession with intent to distribute? These cases are typically not easy to prove with hard evidence, so the authorities try to find circumstantial evidence against you.

Penalties for possession with intent to distribute drugs in Louisiana depend on the type of drugs found. But if you’re convicted, you could face serious jail time that could lead to barriers to employment, education opportunities, housing, loss of your gun rights, and other necessities throughout the rest of your life.

Every client has unique circumstances. As your New Orleans drug crimes attorney, I assess your situation and plan a fierce and dedicated defense. Your story is important to me, whether there is hard evidence or not. I always work hard to prove my clients’ innocence. And if there is strong evidence against you, you still need a powerful defense to soften the consequences.

Louisiana courts handle a significant volume of these cases each year. From Northshore to Plaquemines Parish, our local judges take a look at the evidence, determine whether or not charges are warranted, and analyze how each individual case should proceed based on the facts.

Talk to an Attorney Who Will Stand With You Every Step.

schedule a consultation

How Drug Possession Is Defined

Drug possession is usually defined as exercising control over a known controlled substance. The key point is that the drugs could be on your person or in a place you oversee, such as your home, car, backpack, or locker.

While possession might seem clear, it’s frequently more complicated than it seems. There are two types of possession that are commonly charged. These are actual possession and constructive possession. Actual possession means it was found on you. Constructive possession means it wasn’t on you, but you are believed to know about it and have control over it.

In many drug cases, someone may not have known that there was a substance on them or in their vicinity. The element of knowledge is often crucial in possession cases, potentially swaying the outcome in some instances.

In Louisiana in fiscal year 2023, 32.7% of individuals sentenced by the U.S. Sentencing Commission were sentenced due to drug crimes, including possession and trafficking. Over half of these involved methamphetamines, accounting for 57.9%, and fentanyl was next with 13.9%.

What Drugs Are Considered Illegal

Possession of drugs usually involves illegal substances or controlled substances. It can mean both common illegal drugs and prescription medications used improperly.

Typically, when people think of illegal drugs, they think of marijuana, cocaine, heroin, meth, and other dangerous street drugs. Prescription medications like opioids, stimulants, and sedatives can also qualify if you are in possession of them without a prescription. The category a drug falls under can play a role in how your case may be handled.

Understanding Drug Schedules

Federal regulations categorize drugs into five tiers according to their potential for harm. The Drug Enforcement Agency sets the classification of the drug schedules.

• Schedule I. Drugs in this schedule are deemed to have high potential for abuse. There are currently no federally accepted medical uses. Schedule I drugs include marijuana, heroin, and LSD.
• Schedule II. Drugs in this schedule consist of drugs with high potential for abuse but with current medical use. Cocaine, Methamphetamine, and PCP are all considered Schedule II drugs.
• Schedule III. Drugs in this schedule have potential for abuse less than drugs in schedules I and II. Drugs with abuse potential outlined in Schedule III drugs include Anabolic Steroids and combinations of certain drugs with less than 15 milligrams of hydrocodone per dosage unit.
• Schedule IV. Drugs in this schedule have a lower potential for abuse than Schedule III drugs. This can include drugs like Xanax and Valium.
• Schedule V. Drugs in this schedule possess a lower potential for abuse than Schedule IV drugs. Schedule V drugs contain limited quantities of certain narcotics. Common Schedule V substances are usually used to treat diarrhea or coughs.

Drug Possession vs. Possession with Intent to Distribute

Possession vs.possession with intent to distribute (PWIT) are both common charges when it comes to drug cases. While drug possession is having the substance on you for personal use, possessing with intent to distribute means you want to sell or transfer the drug to someone else.

Oftentimes, the criteria for possession with intent to distribute come down to circumstantial evidence. When a significant quantity of drugs is discovered, especially if the packaging is unusual, or if items like baggies or scales are present, it impacts the case and charges against you. A large amount of unexplained money could also raise concerns for your legal counsel.

Misdemeanor vs. Felony Drug Possession

Possession drug charges don’t always fall under the same category. Determining whether or not you are dealing with misdemeanor or felony possession is crucial when facing drug charges. This simple distinction can change the severity of penalties as well as consequences on your permanent record.

Possession charges that fall under the misdemeanor category are not considered as serious as felony charges and typically involve smaller amounts or substances that are deemed lower risk. If convicted of a misdemeanor possession charge, offenders may face shorter jail sentences, probation, and diversion programs rather than significant prison time. Drug possession laws surrounding misdemeanors may allow for more leniency when dealing with these charges.

Felony possession charges occur when there are aggravating factors involved. This usually includes large amounts of a substance, previous possession charges on record, and other factors that may indicate an elevated risk to oneself or others. Felony charges have more extreme consequences and can result in long-term jail time or prison sentences, larger fines, and prolonged impact on job prospects, housing options, and more.

Drug Possession Penalties and Long-Term Consequences

Possible penalties for drug possession can vary based on the circumstances of your case. Penalties can range from fines to incarceration, plus mandated programs and probation. A drug possession conviction can have lasting consequences, though. When you apply for a job, housing, or even school, they can run your record. A drug charge may look poorly on you during the analysis.

Plus, certain convictions can bring other consequences into your everyday life. You could be ordered to treatment or probation, both of which can continue for a while after your sentence concludes.

What Happens After You’re Charged

A drug possession charge automatically triggers a specific legal path. Once you are arrested, you are booked, and then you are likely to go to court. The court is where you hear the charges, and the release conditions are determined.

From there, your case enters what is known as the pretrial phase. During this phase, both sides of the case gather evidence, determine how the evidence was obtained, and whether or not the facts support the charge. Some cases end during this phase. Others go to trial. The time frame varies based on the amount of evidence.

What To Do If You Are Charged With Drug Possession

Once you find yourself charged with possession, how you act can affect your case. Understandably, the situation can be unsettling, but resist the urge to speak until you have an attorney present and you understand the charges against you. Everything you say can be used against you, so avoid making casual comments to officers or your acquaintances about your situation.

Preserve any information that you have that may have context to your case. To understand the circumstances, your attorney might look at texts, receipts, and your whereabouts from that day. Stay organized. Write down court dates and keep track of what documents you have received or need to file. Knowing what to expect can help you focus on the things you can control.

Common Defenses in Drug Possession Cases

Every drug possession case is different and needs to be handled based on the individual facts. However, certain defenses frequently surface in these cases. Defense lawyers often challenge the validity of searches and the justification for them. If police don’t have a reason to search your property, they need permission to do so.

A defendant might also claim they didn’t know the drugs were there. If the drugs were found in a common area, such as someone’s home or car, you can argue you didn’t know they were there. Evidence can be suppressed if there was an issue with testing, packaging, or how the police documented their findings. Because possession is so nuanced, minor details can take on significant importance.

Additional Factors That Can Affect a Drug Possession Case

Other factors can also affect any drug possession case. A key factor is whether the defendant has a prior record. Additional charges in a case can also change things.

If more than one person is arrested under the same possession charge, it must be determined who the drugs belonged to. Similar to if you were riding in someone else’s car and drugs were found, it doesn’t automatically mean they are yours.

Because each drug case is unique, they are always evaluated differently. What one person can use as a defense, another person may not be able to use that same defense.

Diversion Programs and Alternative Sentencing

Not all drug possession cases proceed in the same way, and courts may take into account alternatives to customary punishments in certain circumstances. Instead of concentrating only on punishment, diversion programs and alternative sentencing options are intended to treat the underlying problems, including substance abuse, that may lead to an arrest.

Diversion programs usually give people the opportunity to fulfill specific conditions in return for a better result. Drug training courses, therapy, treatment programs, frequent check-ins, and community service are a few examples of these criteria. In certain situations, the case can be reduced or even dismissed if the program is successfully finished.

Other alternatives to incarceration include supervised release programs, organized treatment regimens, and probation. These methods are frequently applied when the person might gain more from rehabilitation than from incarceration.

A number of variables, including past history, the nature of the charge, and the particulars of the case, may determine eligibility for these kinds of programs. These choices can offer an alternative course of action that prioritizes long-term results over immediate consequences, even if not everyone is eligible.

Hire a Drug Possession Lawyer

When you’re unsure about what to do after being charged with drug possession, you may want to hire a drug possession lawyer. Cases that involve drugs have many different factors that could be used against you.

The complexities range from legal technicalities to the specifics of evidence and procedure. An experienced attorney can help you review your case and look for any issues with how evidence was collected. They can also see that you are going through the correct legal process. Understanding each step of the process and what to expect can help you feel more comfortable during this stressful time.

Contact Crescent City Law Today

If you have been charged with drug possession, an attorney at Crescent City Law can help you in the legal process. We understand how serious these charges can be. Contact us today for a free consultation.

FAQs