If you have recently been arrested for a misdemeanor drug charge, then you are probably overwhelmed with questions and concerns. Whether you are a first-time offender or not, there are a lot of key factors that could shift the outcome of this type of charge in various directions.
Battling with the “unknown” can become a lighter load if you have the assistance of an experienced criminal lawyer in Louisiana at your disposal.
Your Criminal Lawyer and House Bill 652
One of the first things that your criminal lawyer in Louisiana will likely pay attention to with your misdemeanor drug charge is if it falls under the House Bill 652 umbrella. According to this relatively new bill, which was passed back in August of 2021, the possession of a small amount of marijuana (less than 14 grams) will receive no arrest or prison time.
You would only have to pay a maximum fine of $100 in addition to having your criminal record updated with a misdemeanor charge. Things get much more complicated if the amount exceeds 14 grams and/or the drugs involved are more advanced than marijuana.
Why Does The Weight of the Drug Matter?
One may assume that the type of drug in question would matter more than the amount discovered. This may be the case with more severe drugs – such as the drugs found on Schedule I, II and III lists. However, misdemeanor drug charges mostly deal with “less severe” drugs (such as marijuana.)
First of all, it is important to note that any amount of marijuana that exceeds 2 ½ pounds is automatically considered a felony charge. If it is between 14 grams and 2 ½ pounds, though, your criminal lawyer will still be able to retain the misdemeanor charge without it being escalated to a felony.
For example, 30 pounds of marijuana could possibly get you a 10-year prison sentence and up to $500 in mandatory fines. On the other hand, up to 60 pounds of marijuana could lead to a 30-year prison sentence with a $30,000 fine. Therefore, from this example alone, it should be apparently clear exactly why the weight of the drug in question matters.
Other Penalty Options That Can Impact Your Life
If you assume that a fine or prison sentence are the only options on the table for the prosecution or judge to consider, then you are sadly mistaken. There are other penalties that could be taken into consideration – such as probation, drug rehabilitation, community service requirements or the ineligibility of certain government aids/incentives (such as scholarships, government jobs, or public housing.)
It is imperative for you to realize that what may seem like an “open-shut” case that appears to have a simple outcome may just be an illusion. The grim reality could very well be a life-altering worst-case scenario.
This is why it is essential that you invest in the expertise and assistance of a Louisiana criminal defense attorney with an abundance of experience in battling against the prosecution with similar drug charges inside and outside of the courtroom.
Take Note of the Trial Date & Update Your Calendar Accordingly
Once the arraignment hearing is over, you will receive a trial date since you have been charged with a misdemeanor. This is essentially skipping a step when compared to the legal process associated with felony drug charges. For instance, those charged with felony drug charges must first go through a motion date assignment before the trial date is selected.
However, in extreme cases where you have an extensive list of drug charges including misdemeanors and felonies, there will likely be a status date added to the mix before your trial. The status date allows your defense attorney to meet with the prosecutor in Louisiana to see if any outstanding issues can be settled outside of the courtroom.
Schedule Your Misdemeanor Drug Charge Consultation with a Louisiana Defense Lawyer Today
You more than likely already know that time is not on your side when it comes to misdemeanor drug charges. As soon as your hearing date or trial date is set, there might as well be an invisible stopwatch counting down to your first appearance in court. The last thing you want is for those seconds to count all the way down just to see that you are not fully prepared or equipped with sufficient legal representation.
Fortunately, you can contact our team of drug crime defense lawyers and support staff members at the Bart Bernard Criminal Defense Law Firm. Our award-winning firm has made a name for ourselves among the rest of the criminal lawyers in Louisiana over the years and we want to help fight for your rights next. Call our team at (225) 384-5699 now to schedule your free consultation and see firsthand how our firm can protect you in the courtroom.