Louisiana is one of the strictest states when it comes to drug trafficking laws, so receiving these charges can be incredibly nerve-wracking. You may stress about the potential consequences of a drug crime conviction and the repercussions they may have on your life or career. No matter the charges, you deserve a trustworthy lawyer who is well-versed in drug trafficking defense and will fight for your rights.
Fortunately, our professional legal team at John D. & Eric G. Johnson Law Firm in Louisiana has years of experience working on all types of criminal drug cases, so we have extensive knowledge of state laws and effective legal strategies. We also understand what factors most impact these kinds of charges. With our resources and experience, we may be able to get your charges reduced or even dropped in the best-case scenario.
Understanding the Regulatory Framework
The regulatory framework surrounding illicit drugs is a complex web of international agreements, national laws, and local regulations. These rules are designed to control the production, distribution, and possession of controlled substances, aiming to curb the illicit drug trade and reduce drug consumption.
The framework’s primary goal is to mitigate the harm caused by drug abuse and ensure public safety. However, the effectiveness of these regulations is often a topic of debate. Critics argue that despite stringent laws, the illicit drug market continues to thrive, suggesting that more comprehensive strategies may be needed to address the root causes of drug abuse and trafficking.
The Role of Law Enforcement Agencies
Law enforcement agencies are at the forefront of the battle against drug trafficking. Their responsibilities include enforcing laws related to controlled substances, investigating drug-related crimes, and disrupting the drug supply chain. To combat the illicit drug trade, these agencies employ various strategies such as surveillance, undercover operations, and raids.
Despite their efforts, law enforcement agencies often face significant challenges, including corruption within their ranks, limited resources, and the ever-evolving tactics of drug traffickers. These obstacles can hinder their ability to effectively dismantle drug trafficking networks and reduce the availability of illegal drugs.
4 Major Factors That Impact Louisiana Drug Trafficking Charges
When it comes to charging someone with drug trafficking, criminal law plays a crucial role as law enforcement looks into certain factors to determine the level of the charge. We can break down each of these factors so they’re easier to grasp and understand.
The Amount of Drugs
Each state has laws that detail which charges a defendant may receive depending on the amount of drugs they have on them, which can lead to a drug offense. While Louisiana does not have a concrete rule about amounts and charges correlations, the amount may reflect an intent to distribute, which could affect the charge you receive. When law enforcement seizes the drugs, they decide whether you had an intent to distribute based exclusively on the amount.
Therefore, the amount of drugs seized directly impacts whether you receive a drug trafficking charge or a simple possession charge. Drug trafficking has much more serious penalties, so contacting a Ruston criminal defense attorney right away may better your chances of getting these charges reduced.
The Type of Drugs Seized by Law Enforcement Agencies
Louisiana divides types of controlled drugs into different categories or schedules. These schedules are based on the substance’s medical use and potential for abuse. Depending on the type of drug law enforcement seized and the category the drug falls into, your charges may be more or less severe. These schedules and their penalties include the following:
- Schedule I: This category includes drugs like marijuana, heroin, LSD, ecstasy, and peyote. Penalties range from one to 40 years in jail and fines of up to $50,000.
- Schedule II: This schedule includes cocaine, methamphetamine, fentanyl, and Adderall. Potential punishments include one to 20 years in prison and fines of up to $50,000.
- Schedule III: This includes ketamine, testosterone, and products containing less than 90 milligrams of codeine. Penalties may include fines of up to $15,000 and one to 10 years in prison.
- Schedule IV: This lower-level schedule includes Xanax, Klonopin, and Valium. Consequences may include one to 10 years in prison and fines of up to $15,000.
- Schedule V: This category involves low-level substances like cough medicines, and the potential penalties include one to five years in prison and fines of up to $5,000.
Based on these categories, the specific drug involved majorly impacts the penalties you may face, as some are punished more severely than others.
Any Additional Charges and Severe Penalties
Drug crimes, including drug trafficking charges, often accompany other ones due to the nature of the crime. The more charges you receive, the more penalties you face. Other charges that may accompany drug trafficking include the following:
- Manufacturing drugs
- Felony gun possession
- Money laundering
- Felony drug possession
Keeping up with these charges can be complicated, so we can manage the entire legal process from start to finish.
Previous Criminal History
While prison is a potential penalty for any drug trafficking charge in Louisiana, a past criminal history within the criminal justice system could increase these charges and punishments. It’s important to remember that every drug charge, no matter the scope, remains on your permanent record. Therefore, when Louisiana law enforcement looks into your past behavior, they will see any charges. They may charge you with a more serious crime if you have committed any previous misdemeanors or felonies.
The Impact of Illicit Drug Markets
Illicit drug markets have far-reaching consequences for individuals, communities, and societies at large. These markets are often linked to increased crime, violence, and corruption, exploiting vulnerable populations, including children and women.
Public health is also at risk, as the distribution of contaminated or adulterated substances can lead to severe health issues for users. Economically, illicit drug markets can destabilize regions by involving large-scale money laundering and corrupting financial institutions. The pervasive influence of these markets underscores the need for comprehensive strategies to address the multifaceted challenges they present.
Intent to Distribute
Intent to distribute is a pivotal factor in determining the severity of drug-related charges. When an individual is found with a substantial quantity of controlled substances, it is often presumed that they intend to distribute them. However, the prosecution must provide evidence to prove this intent, distinguishing it from mere possession for personal use.
Evidence that can establish intent to distribute includes the quantity of drugs, the presence of packaging materials, and communications such as text messages discussing sales. Proving intent is crucial, as it significantly impacts the charges and potential penalties an individual may face.
Commercial Drug Offenses
Commercial drug offenses involve the manufacture, distribution, or sale of controlled substances for profit, making them more serious than personal possession or use. These offenses exploit others for financial gain and are met with severe penalties, including lengthy prison sentences and hefty fines.
Law enforcement agencies combat commercial drug offenses through undercover operations, surveillance, and raids. However, the adaptability of drug traffickers and the complexity of the drug supply chain often complicate these efforts. Despite these challenges, law enforcement continues to develop and implement strategies to disrupt commercial drug operations and reduce the availability of illegal drugs in the market.
Schedule a Free Consultation with a Louisiana Criminal Defense Attorney at John D. & Eric G. Johnson Law Firm
With Louisiana’s harsh drug crime laws and the potential penalties, facing drug trafficking charges can be distressing. It’s essential to know how law enforcement and the court make their decisions about your charges and penalties so you can fully understand your circumstances. Our compassionate lawyers at John D. & Eric G. Johnson Law Firm can help you develop effective defenses to cast doubt on the charges against you.
We pride ourselves on providing innovative and effective legal services to those facing drug trafficking charges, as we have for years. You deserve top-notch representation, and we will fight for your rights and work to reduce your charges and penalties. To schedule a free case consultation, fill out our contact form or call (318) 377-1555.