Louisiana Drug Charges: Frequently Asked Questions

If you have been arrested on a drug charge, don’t give up hope. Your most important next step is to contact the drug crime defense lawyers at Damico & Stockstill. We are here to answer your questions and help you protect your rights and freedom.

Don’t wait. For a free consultation, call us in Baton Rouge at 225-377-4964 or complete our contact form. Our criminal defense attorneys represent clients throughout Louisiana.

Is cannabis legal in Louisiana?

Marijuana laws in Louisiana are still evolving. Important steps have been made to decriminalize medical marijuana, and police can no longer use the “odor of marijuana” as a reason to search your home without a warrant. However, you can still be arrested for cannabis possession in Louisiana, especially if you are not a registered medical marijuana patient. While recreational possession of 14 grams or less has been decriminalized, you can still be fined for possession of small amounts of marijuana. If you are facing a marijuana charge of any kind, talk to the drug crime defense attorneys at Damico & Stockstill as soon as possible.

I’m charged with drug distribution. Shouldn’t it just be drug possession?

Overcharging is a reality in the criminal justice system. In many cases, that means people who are found to be in possession of a relatively small amount of a drug may be charged with selling or distributing the drug. The prosecution may charge you with distribution when really the appropriate charge is possession. In other cases, the defendant should not be charged at all. Don’t let overcharging lead to a conviction. Talk to us about your options for getting the charges against you reduced or dismissed.

Is “stop and frisk” legal in Louisiana?

The term “stop and frisk” refers to when a police officer, who does not have a search warrant, detains and searches someone. For a stop and frisk to be lawful, the police officer must have a good reason to detain someone, and the police officer must then have a good reason to search that person. For example, in a stop and frisk scenario, a police officer may claim that someone was behaving suspiciously, so the police officer detained that person for questioning; in the midst of the questioning, the police officer may come to believe that the detained individual somehow poses a threat to another person, so the police officer may then “frisk” or search the detained individual. One big problem with stop and frisks is that they depend so much on a police officer’s subjective experience of a situation. Stop and frisk is technically allowable under Louisiana law, but not all stop and frisk situations are lawful. Many drug charges arise after police conduct a stop and frisk. If you are facing a criminal charge after a stop and frisk, contact Damico & Stockstill immediately.

I’m facing a first-time felony drug charge. Can I get it reduced to misdemeanor?

Prosecutors are known for charging people with felonies when really a misdemeanor is the appropriate charge. In many cases, the situation warrants no charge at all. At Damico & Stockstill, we frequently get our clients’ charges reduced from felonies to misdemeanors. This is especially common in cases involving first-time drug charges. However, a charge will not automatically be reduced. You need an experienced criminal defense lawyer on your side to get a charge successfully reduced from a felony to a misdemeanor. Our team can investigate your case and pursue every available option for a reduction or dismissal of drug charges.

I wasn’t doing anything wrong. How can I get out of this drug charge?

You are not alone. Drug crime cases often involve people who would never intentionally hurt another human being. However, what you feel inside is only part of your case. You may not have done anything morally wrong, but the drug charge against you still stands. You need a criminal defense attorney on your side to protect your rights and freedom — and help you put this matter behind you as soon as possible. At Damico & Stockstill, we have a long record of success in getting drug charges reduced or dismissed. We encourage you to contact us today to find out how we can help you.

Contact Damico & Stockstill For A Free Consultation

For a free initial consultation, please call Damico & Stockstill at 225-377-4964 or complete our contact form. Our criminal defense attorneys have more than 65 combined years of experience in state and federal criminal defense. With offices in Baton Rouge, we represent clients throughout Louisiana and beyond.