Drug Crimes
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Baton Rouge Drug Distribution Lawyer
Distributing drugs – or possessing drugs with the intent to distribute – can warrant serious punishments under state and federal law. In Louisiana specifically, penalties vary depending on the type of controlled substances that someone is possessing or distributing. Generally speaking, though, a drug possession or distribution conviction can result in years of jail time and massive fines. That’s why it’s so important to have a Baton Rouge drug distribution lawyer on your side. We can protect your legal rights and help you receive the best case outcome possible.
If you’re facing criminal charges for drug crimes, sex crimes, theft crimes, white collar crimes, or violent crimes, a Baton Rouge criminal defense attorney at our law office can help. We have been protecting and defending our clients since 1984, and we can do the same for you too. Call 225-343-1111 to schedule a free consultation at the Law Offices of Ossie Brown today.
Is it Illegal to Distribute Drugs in Louisiana?
Yes. Louisiana drug laws state that it’s illegal to produce, manufacture, distribute, dispense, or possess with the intent to distribute any controlled substances in schedules I through V. This includes illegal drugs such as marijuana, narcotics, heroin, cocaine, and some types of prescription drugs.
Drug Distribution vs. Drug Possession With Intent to Distribute
Many states treat drug distribution and drug possession with intent to distribute as two different drug charges. Let’s break down each drug charge.
Drug distribution is actively giving out illegal drugs to other people, usually in exchange for money. Meanwhile, drug possession with intent to distribute is a bit more complicated because there are several elements to it. Simple possession is the first element, meaning the person has the drugs on their person, in their car, or in their home. The “intent to distribute” element means that while the defendant may not have given out any drugs yet, they plan to do so. But how can you prove a crime that someone technically has not committed yet?
How Do You Prove Possession With Intent to Distribute?
It’s fairly simple to prove drug cases like drug trafficking, possession, and distribution. But proving drug possession with intent to distribute can be a bit more difficult, because there must be enough circumstantial evidence.
There may be direct evidence that warrants an arrest, such as incriminating statements or solid proof that a defendant sold drugs to an undercover police officer. More commonly though, police officers and investigators have to rely on the following elements of circumstantial evidence:
- A large quantity of drugs that is far too much for individual drug use.
- Drug paraphernalia such as scales, baggies, spoons, bongs, pipes, grinders, etc.
- Drugs that are already packaged and ready for distribution.
- Large amounts of cash and/or weapons.
- The defendant lives in or nearby an area that drug dealers frequently do business.
In order for a defendant to get convicted of this type of drug possession case, prosecutors must prove that intent existed beyond a reasonable doubt.
Penalties for Drug Distribution or the Intent to Distribute
In Louisiana, the penalties for drug possession, distribution, or possession with intent to distribute depend on the type of controlled substance in question.
Manufacturing, distributing, or possessing schedule I drugs with the intent to distribute can face the following penalties in Louisiana (RS 40:966):
- Less Than 28 Grams: 1 to 10 years of jail time with or without hard labor and maximum fine of $50,000.
- More Than 28 Grams: 1 to 20 years of jail time at hard labor and a maximum fine of $50,000.
- Less Than 2.5lbs of Marijuana: 1 to 10 years of jail time with or without hard labor and maximum fine of $50,000.
- More Than 2.5lbs of Marijuana: 1 to 20 years of jail time at hard labor and a maximum fine of $50,000.
- Heroin or Drugs That Contain Heroin: 5 to 40 years of jail time and a maximum fine of $50,000.
Manufacturing, distributing, or possessing schedule II drugs with the intent to distribute can face the following penalties in Louisiana (RS 40:967):
- Less Than 28 Grams: 1 to 10 years in prison with or without hard labor and a maximum fine of $50,000.
- More Than 28 Grams: 1 to 20 years in prison at hard labor and a maximum fine of $50,000.
- Fentanyl or Drugs That Contain Fentanyl: 5 to 40 years in prison and a maximum fine of $50,000.
If you’ve been charged with fentanyl possession, contact our Baton Rouge fentanyl lawyer immediately, as this carries extremely harsh penalties in Louisiana.
Manufacturing, distributing, or possessing schedule III drugs with the intent to distribute can face the following penalties in Louisiana (RS 40:968):
- Any Amount of Schedule III Drugs: 1 to 10 years in jail with or without hard labor and a maximum fine of $15,000.
Manufacturing, distributing, or possessing schedule IV drugs with the intent to distribute can face the following penalties in Louisiana (RS 40:969):
- Any Amount of Flunitrazepam (Rohypnol): 1 to 20 years in prison at hard labor and a maximum fine of $50,000.
- Any Other Schedule IV Drug: 1 to 10 years in jail with or without hard labor and a maximum fine of $15,000.
Manufacturing, distributing, or possessing schedule V drugs with the intent to distribute can face the following penalties in Louisiana (RS 40:970)
- Any Amount of Schedule V Drugs: 1 to 5 years in jail with or without hard labor and a maximum fine of $5,000.
Defenses to Drug Distribution and the Intent to Distribute
An experienced lawyer at the Law Offices of Ossie Brown may be able to use the following legal defenses in your favor:
- Lack of Probable Cause: If a police officer found controlled substances during an illegal search of your property that lacked probable cause, then our attorneys can possibly use this legal defense in your favor.
- The Drugs Aren’t Yours: There are some drug cases that involve another person planting illegal drugs near or on someone else’s property. In a drug case like this, a Baton Rouge criminal defense lawyer would have to gather enough evidence to prove that the drugs don’t belong to you.
- Entrapment: What is entrapment? Entrapment occurs when a police officer induces a defendant to commit a crime. So if a police officer somehow induced you to distribute drugs, then a Baton Rouge drug distribution lawyer can potentially get your criminal charges dropped.
- You Didn’t Know the Drug Was a Controlled Substance: There are 5 schedules of controlled substances, with schedules IV and V being mostly prescription drugs, such as antidiarrheals, antitussives, and analgesics. It’s difficult to know and remember all the drugs that fall into these 5 categories. If you truly didn’t know that the drugs you were distributing were controlled substances, a Baton Rouge drug distribution lawyer could try to reduce your charges or penalties with this legal defense.
Can You Expunge Drug Distribution Charges From Your Criminal Record in Louisiana?
Every drug offense is considered a felony in Louisiana.
Can a felony be expunged in Louisiana?
Louisiana is very particular about what types of felonies it will expunge from a criminal record. It doesn’t matter if you’re a first time offender or a repeat offender, you cannot expunge drug distribution charges according to Louisiana law (CCRP 978).
Call a Baton Rouge Drug Distribution Lawyer at the Law Offices of Ossie Brown Today
If you’ve been arrested or convicted of drug crimes in Louisiana, you need the best legal representation on your side to not only protect your legal rights, but to ensure you get a fair charge and penalty. A Baton Rouge drug distribution lawyer at The Law Offices of Ossie Brown has what it takes to represent you, whether this is your first offense or your third.
We have been protecting and defending our clients since 1984. Let us do the same for you. Call a Baton Rouge criminal defense lawyer at our law office at 225-343-1111 today.
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