Six Common Questions About Drug Crimes
At Marino Law Firm, LLC, in Destrehan, we put our more than 25 years of criminal defense experience to use for people facing all types of drug crime charges across southeast Louisiana’s river parishes. If you call us at 985-764-1515 to arrange a consultation with one of our lawyers, we can answer questions that many people like you have such as:
Do I need to let police into my house if they want to search for drugs?
If police come to your door and ask to come inside to search, you do not have to let them in if they do not produce a search warrant. Even if they do not have a warrant, it is important to contact an attorney, because it probably means you are under investigation. If police seize anything without a warrant, we can work to have that evidence dismissed.
Can I qualify for a diversion program for a drug arrest?
It depends. An arrest for simple marijuana possession could qualify you for a diversion program. However, possessing larger amounts or crimes involving other drugs likely will not qualify. It is important to talk to a lawyer about your options before agreeing to anything with prosecutors.
Can I use medical marijuana?
Louisiana has a complicated history with medical marijuana laws. Just recently the legislature approved legislation that would finally set up a framework for the dispensing of medical marijuana. However, you can still be arrested and convicted if you do not qualify for the usage of medical marijuana. You also will have to obtain the drug from a licensed dispenser.
In addition to possession, police are also charging me with intent to sell. What do I do?
It is a common law enforcement tactic with drug-related arrests to add on additional charges such as intent to sell. This can happen if you allegedly possessed a large quantity of illegal drugs or you had drugs allegedly packaged for individual sales. An experienced lawyer can determine if there are weaknesses in the prosecution to have charges like these dismissed.
I did not have any drugs on me but was still charged with possession of drug paraphernalia. What do I do?
Much like “intent to sell” laws, it is illegal in Louisiana to possess any equipment, such as pipes or scales, with even the “intent” to use it to sell, package, manufacture or use illegal drugs. Again, it is important to talk to an attorney before pleading guilty to even a misdemeanor charge such as this. It could have a large effect on your future.
Are there sentencing enhancements for drug crimes in Louisiana?
There are all sorts of ways that prosecutors will attempt to get stiffer penalties against people accused of certain drug crimes. Repeat offenders, people arrested with large quantities of drugs and people accused of selling drugs near schools and day care centers can all face enhanced sentences. This could mean more time in jail.