Will I Go to Jail for Drug Possession in Louisiana?

If you or a loved one is facing drug possession charges in Louisiana, you’re likely asking, “Will I go to jail for drug possession in Louisiana?” This is a valid concern, as Louisiana enforces strict drug laws with severe penalties. Whether or not you face jail time depends on several factors, including the type of illegal drugs, the amount in your possession, and whether you have prior convictions.

In this blog, we’ll explore these factors, outline the penalties for drug charges in New Orleans, and discuss how an experienced attorney can help you avoid jail.

Drug Possession Laws in Louisiana: What You Need to Know

Louisiana treats drug possession as a serious offense. The law differentiates between simple possession, possession with intent, and intent to distribute, with each category carrying varying penalties.

Simple possession involves having controlled dangerous substances for personal use, while possession with intent means you had enough drugs that authorities assume you planned to sell or distribute them.

Louisiana provides a list of controlled substances categorized by schedules. Schedule I drugs, such as heroin and LSD, come with the most severe penalties. Lower schedules, including some prescription drugs, may carry lighter sentences.

Will you go to jail for drug possession?

The answer depends on several factors, mainly involving three things:

1) the drug charge (possession vs. distribution vs. manufacturing)

2) the quantify of drugs involved

3) is it your first offense?

These are just a few questions we ask as your attorney, we’ve dive deeper into whether you will fast jail time below.  But first, let’s talk penalties.

Penalties for Drug Charges in New Orleans

The penalties for drug charges in New Orleans depend on the type of drug and the amount you possess. Below are the common penalties you could face:

  • Marijuana possession: Louisiana has decriminalized small amounts of marijuana. If you’re caught with less than 14 grams, you’re more likely to face a fine than jail time. However, possessing larger amounts or being a repeat offender increases the risk of jail time and lengthier prison sentences. Learn more about marijuana laws from the National Organization for the Reform of Marijuana Laws (NORML).
  • Controlled dangerous substances: Being caught with drugs like heroin or cocaine can lead to severe penalties, including years in prison. Even for a first offense, jail is a possibility, particularly for Schedule I and II substances.
  • Possession with intent to distribute: When authorities find large amounts of drugs in your possession, they may charge you with possession with intent to distribute. This charge significantly increases the likelihood of a felony charge and prison time.

Factors That Determine Jail Time

“Will I go to jail for drug possession in Louisiana?” depends on several factors:

  • Type of drug: Louisiana penalizes certain drugs, like heroin and methamphetamine, more heavily than others.
  • Amount in possession: The penalty for possession varies. f you possess a large quantity of drugs, you could face enhanced charges for intent to distribute, increasing the risk of jail time.
  • Prior convictions: If you have previous convictions, especially related to drug crimes, you’re more likely to face mandatory jail time.
  • Location of arrest: Louisiana imposes harsher penalties for drug possession in certain areas, like schools or drug-free zones.
  • Misdemeanor vs. felony charge: Smaller amounts of possession of marijuana may lead to a misdemeanor, with lighter penalties like fines. In contrast, a felony charge typically results in years in prison.

Alternatives to Jail for Drug Possession in Louisiana

Jail isn’t the only outcome if you’re charged with drug possession. As your attorney, we are always fighting to get you the best result.  When a dismissal isn’t on the table, we will fight hard to get you into programs that prevent you from having to sit in jail.  Depending on the specifics of your case, alternatives to jail may include:

  • Drug diversion programs: First-time offenders might qualify for drug diversion programs. These programs offer rehabilitation in exchange for a dismissal or reduction of the drug charge.
  • Probation: You might receive probation instead of jail, especially for minor drug offenses. However, you must meet strict conditions, such as regular drug testing.
  • Fines and community service: Minor offenses, such as possession of marijuana, may result in fines and community service instead of jail time.

Penalties for Drug Charges in New Orleans and How a Defense Lawyer Can Help

The penalties for drug charges in New Orleans can be severe. However, with the right defense lawyer, you can fight for reduced or alternative sentencing. An attorney with years of experience will know how to challenge the evidence, negotiate plea deals, and work to protect your rights.

Common defense strategies we use include:

A skilled attorney can make a significant difference, especially if you’re facing a felony charge for intent to distribute or possession of controlled dangerous substances.  Our firm has been successful in helping over 800 clients get the results they want.  For more information, read our client reviews page.   Better yet, see the actual wins on our Results Page.

What to Do If You’re Charged With Drug Possession

If you’re charged with possession of drugs, here’s what to do immediately:

  • Remain calm and don’t admit guilt: Anything you say can be used against you in court, so avoid making any admissions.
  • Contact a defense lawyer: The most important step is to get legal representation from a defense lawyer with years of experience in drug cases. They can help you navigate the legal process and build a strong defense.
  • Avoid speaking to law enforcement without legal representation: Anything you say to the police can be used as evidence. It’s crucial to have a lawyer present during any questioning.
  • Prepare your case: If there were any violations of your rights during the arrest or search, your attorney might be able to have the charges reduced or dismissed.

Need more answers to your FAQ? Visit our FAQ: Criminal Page.

Conclusion: Will I Go to Jail for Drug Possession in Louisiana?

The answer to “Will I go to jail for drug possession in Louisiana?” in the State of Louisiana depends on several factors, such as the type and amount of drugs, your prior convictions, and the location of the arrest. However, with the right legal defense, you may be able to avoid years in prison or reduce your sentence.

At Phillips Law, our experienced attorneys have helped clients facing serious drug charges, from possession of marijuana to felony charges of intent to distribute. If you or a loved one has been charged with a drug crime, call our office at 504-434-7000 for a free consultation with an attorney. We’ll review your case, discuss your options, and fight to protect your rights and future.

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