Tourism, improved infrastructure and economic expansion have all helped Louisiana become a great place to party. Unfortunately, not all substances at the party are legal in the state. At Craig E. Gibbs, Attorney at Law, we often help clients charged with drug possession.
According to American Addiction Centers, to receive a conviction, the prosecutor must prove three elements of drug possession:
- You had an illegal substance in your possession
- You knew it was not legal
- You controlled its location and presence
Although the legal process is relatively straightforward, it is not fast. For approximately two months after your arrest, legal matters may fill your days, from the arraignment to the trial. However, depending on the charges and your history, there are options for an alternate sentence.
If this is a first-time offense, you may be eligible for a Pretrial Diversion. You must perform specific activities that include reporting to an officer monthly and taking random drug tests. Community service is also often a required component.
A Pretrial Intervention is a probation period, similar to that of a Pretrial Diversion. In addition to those requirements, you may also have to check into a drug treatment facility.
You may qualify for Drug Court. This offers you the opportunity to turn your life around and does not require jail time.
If the prosecutor’s evidence against you was illegally obtained, you might declare a Motion to Suppress. There are specific requirements for this process, and a legal professional can help determine if you qualify.
Regardless of whether you go to trial or are eligible for alternate sentencing, there are many details to work out. An attorney with experience working with clients facing drug possession charges can ensure you fully understand your situation and options. Visit our webpage for more information on this topic.