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Strategies for combating mass incarceration

One thing national headlines focus on when it comes to Louisiana is the size of the prison populations here. It is one of the highest rates of incarceration in the United States and the world. Understanding the problem is important, but the next step, coming up with a solution, is the true challenge.

Two Louisiana men accused of selling drugs from hotel room


When police officers believe that an illegal activity is going on, they will act on those suspicions. This could result in a person being questioned and even searched if there exists probable cause. A search and seizure could result in a suspect being charged and arrested for criminal charges. However, just because evidence has been collected does not mean it will stand in court. Thus, it is important for defendants to assert a defense, even if it seems like the state has a strong case against them.

How serious is illegal possession or use of a prescription drug?

Some substances are legal when prescribed by a doctor, but that does not make them legal for everybody. Possession of a prescription drug without a prescription can result in serious penalties and may even be considered a felony. A drug possession charge could have major consequences in your life so here are some important points you should know: 

Drug paraphernalia charges can be serious


Louisiana residents may be surprised to hear that certain items, marketed as though they are designed for legitimate purposes, can be considered illegal. At times, possession of them can result in drug charges. As per U.S. Code Title 21, it is unlawful for someone sell or offer to sell drug paraphernalia. It is pertinent to point out that the person accused doesn't actually have to have any drugs on them to face drug paraphernalia charges. So the question is-what is drug paraphernalia?

What changes are expected for laws relating to drug crimes?


Louisiana has the highest rates of incarceration across the country, and many of the individuals who are languishing away in jails are serving sentences comparatively more serious than the crime they have allegedly committed. Recognizing the need for reform in the criminal justice system, many lawmakers have begun advocating for a number of new laws in the state.

Is it always illegal to possess controlled substances?


Louisiana residents who are recovering from a serious injury or having trouble letting go of their anxieties may find themselves taking prescription medicines to ease their pain. But, they may not be aware that the medicines in their cabinets are considered controlled substances and it is illegal to possess them.

Louisiana man faces multiple drug distribution charges


Even though state and federal criminal charges may sound similar to the ear, legally speaking, they are often not. If someone is facing federal charges, they may be facing higher fines and longer prison sentences. Since there is more on the line to lose, it is even more important to consider mounting a strong defense when federal drug charges are imminent, which often results if federal agencies are involved.

Understand the elements of possession with intent to distribute


When Louisiana residents hear the term 'possession with intent to distribute, they may think, how does one know what one's intent was-how is it possible to prove intent in order to charge someone with this crime? The answer is not so clear cut-federal law requires that three elements be proven in order to face these charges: possession, intent to distribute and possession with intent to distribute. Under federal law, the crime has not been committed until all three prongs are satisfied.

What is the pre-trial diversion program?


It is human to err-everyone make mistakes sometimes. When those mistakes are related to breaking the law, the person making the mistake ends up facing long-term consequences that can affect the rest of their lives. However, when the person who has broken the law is a first-time offender and facing charges for non-violent offenses, such as drug charges similar to simple possession, it may be possible for the person charged to avail themselves of the drug-diversion program in Louisiana.

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Craig E. Gibbs, Attorney at Law
4650 General DeGaulle Drive, Suite 216
New Orleans, LA 70131

Fax: 504-393-0719
New Orleans Criminal Law Office

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