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Drug Possession with Intent to Distribute in Louisiana
Call Us | 318-377-1555
Facing charges for drug possession with the intent to distribute is an extremely stressful situation. The charges are serious and it’s easy to feel like there’s no hope for your future. Furthermore, the state of Louisiana’s conservative drug laws makes it one of the worst states in the nation to be accused of a drug crime. Possessing any illegal substance other than marijuana automatically leads to felony charges. Possessing illicit substances with the intent to distribute them can lead to severe penalties and a criminal record that stands to create a topsy-turvy future.
If you’ve recently been arrested for drug possession with the intent to distribute the substances discovered, you’re urged to speak with a lawyer before you talk to the police.
Proving Drug Possession with Intent to Distribute
An arrest for drug possession with intent to distribute leads to felony charges.
The prosecution must establish just two elements to prove that you possessed drugs with the intent to distribute.
The first of these is the drug possession itself. Typically, the suspect physically holds the illegal substance when the police make the arrest. Having the substance on your person is called “physical possession.” A suspect can also be charged with possession if police find the drugs in a place that the suspect controls, such as his home or car. To prove possession this way, the prosecution must show that the defendant knew about the presence of the drugs and that he could control them at any time. It is only necessary to show that the defendant “should have known” about the drugs in question to make this argument.
The second element is that of the intent to distribute the illicit substance(s) discovered. Usually, intent is established through circumstantial evidence. The prosecution can demonstrate intent to sell narcotics, cocaine, methamphetamines, marijuana, or other illegal substance if the suspect also possessed drug paraphernalia used to package or distribute drugs. Possessing substantial sums of cash and having a recurring stream of visitors for short visits are also signs that a person is involved in selling and distributing drugs.
Defense Strategies For Intent To Distribute In Louisiana
When you hire an attorney to represent you in your drug possession case, it’s important to ask them about their viable defense strategies. There are multiple strategies that can be used to mitigate the charges you face and reduce the penalties. Common defense strategies for possession of drugs with the intent to sell include:
- Unlawful search and seizure
- Drugs belong to someone else
- Crime lab analysis (not really drugs)
- Entrapment
A successful lawyer knows that the best defense strategies are created with a clear understanding of the crime. To create a defense that stands up in court, the attorneys at John D. & Eric G. Johnson Law Firm will take the time to get to know you and your case before they represent you in court.
What are the Penalties for Possessing Drugs with Intent?
Any person who is charged with possession with intent to distribute illegal substances can face felony penalties in Louisiana. The sentence you may receive if convicted varies widely and relies upon the type of substance police discovered on you and the quantity.
Penalties for possession of drugs with intent to sell include:
- Up to 50 years incarceration
- Up to $150,000 in fines
- Long-term probation
The judge may also take into consideration any past criminal behavior you have on your record. In Louisiana, you may also face a harsh mandatory minimum sentence for a felony drug offense. If you’ve been charged with a drug crime, the best way to lessen the penalties you face is to enlist the help of a trusted and knowledgeable drug crime attorney.
Experienced Drug Crime Lawyers in Louisiana
Don’t leave your future in jeopardy. If you’ve been charged with a drug crime like intent to distribute, there’s no better time than now to contact an experienced attorney.
With more than 27 years of experience defending a wide range of misdemeanor and felony charges throughout Louisiana, Eric G. Johnson of The John D. & Eric G. Johnson Law Firm knows what it takes to develop a strong defense for Louisiana drug offenses. An attorney like Eric knows how to negotiate with prosecutors and protect your interests every step of the way. To schedule a free consultation with our attorneys, call 318-377-1555 or contact us online today.
Frequently Asked Questions
If I Am Facing Charges for Drug Possession With the Intent to Distribute What Should I Do?
If you’ve recently been arrested for drug possession with the intent to distribute the substances discovered, you should speak to a Louisiana drug defense lawyer before you talk to the police. An attorney like Eric G. Johnson of The John D. & Eric G. Johnson Law Firm knows how to negotiate with prosecutors and protect your interests every step of the way.
What Type Of Penalties Will I Face for Drug Possession With the Intent to Distribute in Louisiana?
If you have been charged with drug possession with the intent to distribute in Louisiana, you can face up to 50 years in prison, up to $150,000 in fines and long-term probation. If you’ve been charged with a drug crime, the best way to lessen these penalties is to enlist the help of a knowledgeable drug crime attorney.
How Would a Drug Defense Attorney Help My Case if I Was Charged for Drug Possession with Intent to Distribute?
A successful Louisiana drug defense lawyer knows that the best defense strategies are created with a clear understanding of the crime. To create a defense that stands up in court, the attorneys at John D. & Eric G. Johnson Law Firm will take the time to get to know you and your case before they represent you in court.