Damico & Stockstill, Attorneys at Law

Drug possession is a criminal charge

There are not many crimes for which you can be convicted simply for possessing something. Most criminal cases involve the use or intent to use an object. For example, you can be accused and convicted of assault and battery with a deadly weapon, but you are not going to be accused of a crime for carrying around a pocket knife. However, it is important to note that this is not the case with drugs and controlled substances.

There are federal laws and state laws regarding that render the willful possession of certain substances, including marijuana, cocaine and others, illegal. However, it is worth mentioning that in Louisiana, just like the rest of America, you are innocent until proven guilty. This means that it is up to the prosecution to prove not only that you were in possession of the drug, but that you knew that you were in possession of the drugs, and that you had come into that such possession willingly.

Because of these particulars, there are many defense options for individuals who are accused of drug crimes. Even if you are caught, as they say, red-handed in possession of drugs, you could make the claim that you did not know about the drugs or that they were planted by someone else.

Of course the legal penalties of a drug crime conviction are very steep, and could include fines or jail time depending on the charge. Regardless of the circumstances of your charge, it is in your best interests to consult with an attorney about your case. A criminal defense attorney can help you build a solid defense against your drug charges and maybe even have the case dismissed or your charges reduced.

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Damico & Stockstill, Attorneys at Law

8048 One Calais Avenue | Suite A | Baton Rouge, LA 70809-3483 | Phone: 225-250-1812 | Fax: 225-769-0195 | Baton Rouge Law Office Map