Drug use is rampant in New Orleans. Walk on any street in the city, and you can buy any number of illicit or prescription drugs. But over the past ten years, both the state and federal governments have introduced strict laws and harsh penalties for drug users in New Orleans. In addition, there has been a marked increase in policing of the streets. The illicit drug market in New Orleans is worth hundreds of millions of dollars. It is thus no surprise that drug crimes are increasing rapidly in this area. If you are dealing with legal issues related to drug crimes, you need to speak to a drug crime lawyer immediately.
What are the penalties for drug crimes in New Orleans?
For anyone charged with a drug crime in New Orleans, there are additional charges that will most likely extend the offender’s sentence under the new Federal Sentencing Guidelines. The Federal Sentencing Guidelines are used to determine penalties for drug crimes based on the following factors:
- Your criminal history
- Number of prior drug convictions
- The quantity of drugs involved
- Any associated violence with the drug crime
- The level of involvement of the offender
- Any associated use of a weapon
- Any activity involving the sale of drugs near a public place like a school
Talk to a drug possession lawyer for more information regarding this. Penalties can be quite severe if someone is found dealing drugs in or around a school area. Similarly, if the offender is also found to be in possession of a weapon or if someone is found hurt because of that weapon, the legal charges against the offender can be very severe. Talk to a drug charge lawyer to find out more information in this regard.
Types of Drug Crimes
There are many types of crimes involving drugs. These can include but are not limited to:
- Drug cultivation, synthesis or manufacture
- Drug Trafficking
- Intent to distribute
- Carrying prescription drugs without a valid prescription
- Possessing a controlled substance
- Possessing drug paraphernalia
- Possessing marijuana
Every charge is different, and every situation is different. It is important to discuss the specifics of a specific drug crime with a drug crime lawyer to find out the most effective course of action.
Do I Need a Drug Crime Lawyer if I am Facing Drug Crime Charges?
When you are charged with a drug crime in New Orleans, a drug charge lawyer can do several things for you. The drug crime lawyer can help get the charges thrown out if there was an error somewhere along the legal system or 2) the drug possession lawyer can get the charges reduced. In each case, the drug crime lawyer can help minimize your involvement. In general, the government will always make a case that you are part of drug gang or drug-ring and hence these crimes are associated with much more severe penalties. The point is that with crimes that involve drugs, you cannot possibly take on the legal system on your own. You will need legal help, and that means you will need to speak to a drug crime lawyer and you will need their skills to help minimize your sentence and possible penalties.
How are Substances Classified as Controlled in New Orleans, Louisiana
The State of Louisiana classifies controlled substances into five schedules. These are the same as the ones classified as such by the FDA and the Drug Enforcement Agency. If you need more clarification about drug classification and what falls into the category of a controlled substance, you should speak to a drug crime lawyer.
Generally speaking, substances are classified as controlled as per the following:
Schedule I drugs: These include drugs that are considered to be the most dangerous and that have absolutely no medicinal value. These drugs have a high probability of addiction and abuse. Healthcare workers are bound by the law to prescribe these drugs only if absolutely necessary and even then they are limited in how many prescriptions of these drugs they can fill. All controlled substances in the US are tracked from the source until they reach a patient. The government has a tracking system to detect any deviation along the route from the manufacturer to the patient. People who try to break the system or who try to supply these drugs even though they are aware that these are classified as highly dangerous and highly addictive can face significant legal consequences if they are caught and charged with a drug crime. Speak to a drug charge lawyer in this regard.
Schedules II, III, IV, and V contain drugs that are less dangerous compared to drugs that fall in Schedule I. That is mainly because the probability of abuse is much lesser with these drugs. However, this does not mean that they cannot be addictive or somebody who is desperate cannot abuse them. These drugs may also have medical value and are often prescribed to patients. But some patients can misuse the drug or take doses that are not recommended by their healthcare provider. Abusing drugs that are not officially prescribed to you or using a dose that was not originally prescribed by your doctor is not only a crime, but it can also cause you bodily harm. Speak to a drug possession lawyer if you are facing any issues related to the use and abuse of drugs that fall into this category.
These drug schedules are important to know because when you are arrested for a drug crime, the penalty depends on the type of schedule drug you possessed. If you have been charged with drug possession, you can quickly find out its schedule by going to the FDA website or any pharmacy website. You should also discuss the charges with your drug crime lawyer.
What are penalties for illegal possession of controlled substances?
In New Orleans, it is illegal to possess any controlled substance without a valid prescription from a healthcare provider. Possessing controlled substances is a felony and can result in severe penalties.
Penalties for possession of controlled substance are as follows:
Schedule 1 Drugs: If you are charged with possession of Schedule 1 drugs, the penalties will be very severe. As mentioned above, these drugs are considered highly dangerous and offer no medicinal value. The actual penalty will depend on the specific drug and the amount that was found on the offender but in most cases, the minimum fine starts at $5,000. This fine can go up to tens of thousands of dollars. Anybody found in possession of schedule 1 drugs will face a minimum prison sentence of 4 years which can go up to as long as 25 years. In many cases, there is also monetary fine combined with incarceration. Ask your drug crime lawyer about possible penalties if one is found in possession of schedule I drugs.
Common Schedule I drugs include:
- Etorphine
- Heroin
- GHB
- LSD
- Marijuana
- MDMA (Ecstasy)
- Mescaline
- Psilocybin
Schedule II Drugs. The penalty for possession of Schedule 2 drugs depends on the specific type of drug and the quantity of the drug that the accused possessed at the time of arrest. In most cases, there will be a fine of at least $5,000 and/or a prison sentence of 5 years or more.
Common Schedule II drugs include:
- Amphetamine
- Cocaine
- Codeine
- Diphenoxylate
- Fentanyl
- Hydrocodone
- Methadone
- Morphine
- Pethidine
Schedule III Drugs: The penalties for possession of Schedule 3 drugs also depend on the type of drug and quantity. The penalty is the same as in schedule 2 drugs.
Common Schedule III Drugs include:
- Anabolic steroids
- Buprenorphine
- Ketamine
- Marinol
- Ergine
Schedule IV and V Drugs: Penalties for possession of Schedule IV and V drugs include a prison sentence of 1-5 years and/or a fine of up to $5,000. If the conviction is for a date-rape drug like flunitrazepam, the fines will start at $5,000 and/or a ten-year prison sentence. Talk to a drug charge lawyer about possible penalties associated with possession of Schedule IV and V drugs.
Common Schedule IV Controlled Substances Include:
- Benzodiazepines
- Chloral hydrate
- Phenobarbital
- Tramadol
- Carisoprodol
Common Schedule V Controlled Substances include:
- Cough suppressants
- Pregabalin
- Phenergan
- Atropine
- Anticonvulsants
It is evident that there is a wide variety of drugs out there that can be used and abused. It is important to understand that possessing and selling these controlled substances is a major crime and can result in steep penalties and hefty fines. Lives can be destroyed, and careers can be completely over. It is important to speak to a drug possession lawyer in such a situation.
Repeat Drug Offenses
Penalties are much more severe for offenders who are convicted of a second or third drug offense. Not only will they face a monetary fine but they are also likely to be sentenced to a long prison term. Again the penalty will also depend on the type of drug and quantity. In most cases, the penalties for repeat drug offenders are more severe than first-time offenders. Talk to a drug crime lawyer to find out how severe the penalties can be in case of a repeat offense.
What happens when I am arrested for Controlled Substances in New Orleans?
When law enforcement arrests you for possession of a controlled drug without a valid prescription or for having possession of other illegal drugs, you can be arrested on the spot. In most cases of felony drug arrests, you will be held without a bond. Only if you are deemed to be a low-class first-time offender will you be eligible for bail. You need to speak to a drug crime lawyer if you are facing any such charges. This is imperative as drug crime charges are extremely serious and can result in severe consequences.
The current laws in Louisiana contend that anyone with possession with intent to sell or anyone found with large quantities of a controlled substance on them will receive a minimum mandatory sentence. There is no way out of this. The law is very firm as far as this is concerned. In addition, possession of any controlled substance is a felony and will be on your record. Any subsequent offenses will simply result in more severe penalties.
In addition, if these controlled substances are found in your car or your home or if they are found in a place that you had been visiting or at a place that you visited to acquire these drugs, you can be arrested immediately, and you can be convicted. It is critical that you talk to a drug possession lawyer if you are in such a situation.
What other factors affect penalties for drug possession in New Orleans?
There are many other factors that the court will look at before deciding on your sentence. Keep in mind that possession of a drug and possession of a drug with the intention to sell are serious offenses that should never be taken lightly. Some additional factors that could affect penalties for these crimes in New Orleans, Louisiana include:
- The penalty for drug crimes is significantly increased if you are found to be in possession of a weapon like a handgun or a knife along with possession of drugs. This almost always leads to additional felony charges.
- If children are present at the time of the drug discovery, additional felony charges will be added. The children will be immediately handed over to child protection services. If these are your children, this can be disastrous for your family and especially for those children. If they are somebody else’s children, the parents or guardians of those children can be contacted and questioned as to how they happen to be in the vicinity of a drug dealer or a place where drugs were so readily available. All these factors can have an impact on the sentence.
- If you are arrested while selling controlled substances to a person working secretly with the police or is an undercover agent, you will be given additional mandatory jail sentences. This is more or less a case of being caught red-handed, and they will have significant evidence that could result in a severe conviction.
- If you are in a motor vehicle at the time of the drug arrest or are in possession of large sums of money at the same time, not only will your vehicle but all your money will be seized. If you are convicted in a court of the drug charges, you will forfeit your money and car.
What about marijuana use in New Orleans?
The use and possession of marijuana are not legal in Louisiana. The penalties associated with marijuana use include the following:
- For the first offense, you may be line up to $500 and/or incarcerated for six months.
- For a second offense, the punishment is a fine of up to $2,000 and jail time from 1-5 years
- For a third time offense, the monetary penalty is up to $5,000 and up to 20 years in prison.
In addition, there are penalties for people who cultivate and distribute marijuana in the State of Louisiana. The penalties depend on the number of marijuana plants found on the property, intent to sell to minors, possession of other controlled substances at the same time or sale of marijuana within 1,000 feet of a public place like a school or a religious building. Talk to a drug crime lawyer in this regard.
Possessing Drug Paraphernalia
In Louisiana, there are also penalties for sale or possession of drug paraphernalia. Under federal and state laws the term drug paraphernalia means having any equipment or material of any type which is primarily designed for use in compounding, manufacturing, concealing, processing, converting, preparing, producing, ingesting, injecting, or inhaling into the human body. The penalties for drug paraphernalia are as follows:
- First offense-Up to $500 fine and/or 6 months prison
- Second Offense: Up to 12 months in prison and/or $1,000 fine.
- Third defense: This is a felony that is associated with up to five years in prison and/or a fine of $5,000
Talk to a drug possession lawyer for more information regarding the possession of drug paraphernalia.
Mandatory Minimum Sentence
In Louisiana, the state has mandatory minimum sentences for someone convicted of a drug crime. There is no second way about it, and the judge must sentence the defendant to this mandatory minimum sentence or higher depending on the extent of the crime. This mandatory minimum sentence cannot be altered. Ask a drug charge lawyer about the minimum sentence and how that works.
What about repeat offenders?
Under the Louisiana Repeat offender law, individuals with multiple prior felonies can be sentenced to life in prison without the possibility of probation or parole.
Legal Counsel
If you are charged with a drug crime, a drug crime lawyer can help get the charges reduced in some cases. The only way to know is to speak to a drug charge lawyer as soon as possible. Contact our lawyers at Bart Bernard for more information about drug crimes and the possible legal options to deal with charges related to drug crimes.