Most violations of the Uniform Controlled Dangerous Substance Law are classified as felonies under Louisiana law, except for possession of marijuana-first offense and possession of drug paraphernalia. However, regardless of whether the offense is a felony or a misdemeanor, a narcotics related conviction can have serious consequences, such as the loss of eligibility for student loans or other educational financial aid. Yet, with the help of an experienced criminal defense lawyer, many first time offenders can escape a drug conviction through diversion programs offered by many District Attorneys throughout Louisiana. Even when a conviction cannot be avoided, an attorney may nonetheless be able to assist in subsequently expunging a drug arrest and conviction upon the successful completion of a drug court program or probation under what is a commonly referred to as “Article 893” (for felonies) or “Article 894” (for misdemeanors) plea. But, in order to take advantage of these provisions of the law, your case must be properly handled at the time of the plea and sentencing.
It is also important to note that, when you have been accused of a drug violation, your property may be subject to forfeiture. Through Louisiana Revised Statute 40:2601 et seq., the Louisiana Legislature established a civil system of expressly delineated procedures, which allow the State of Louisiana to seize and have forfeited property that is related to, is a proceed from, facilitates, or is itself a violation of the Uniform Controlled Dangerous Substances Law. These civil forfeiture proceedings are very complex. The deadlines for the State of Louisiana and the property owner are short and cannot be extended, and the consequences for not properly meeting these deadlines are severe. Accordingly, if you have been accused of a drug or narcotics related crime, it is imperative that you have competent representation at all stages of the proceeding.
If you, or someone you know, are facing drug charges, contact us today to schedule a free consultation to begin to process of retaining Stephen D. Hébert, LLC - Attorney at Law!
Drug or Narcotics Defense Resources
- Schedules of Controlled Dangerous Substances - R.S. 40:963
- Composition of Schedules - R.S. 40:964
- Penalty for Distribution or Possession with Intent to Distribute Narcotic Drugs Listed in Schedule I; Possession of Marijuana, Possession of Synthetic Cannabinoids - R.S. 40:966
- Penalty for Distribution or Possession with Intent to Distribute Narcotic Drugs Listed in Schedule II; Possession of Cocaine or other Schedule II Narcotic Drugs - R.S. 40:967
- Prohibited Acts - Schedule III; Penalties - R.S. 40:968
- Prohibited Acts - Schedule IV; Penalties - R.S. 40:969
- Article 893 of the Louisiana Code of Criminal Procedure - Suspension and Deferral of Sentence and Probation in Felony Cases
- The Drug Court Division Probation Program - R.S. 13:5304
Contact Stephen D. Hébert
700 Camp Street, Suite 216
New Orleans, LA 70130
Office: 504-528-9500 Ext. 790
Monday – Friday, 9am – 5pm
Saturday, 9am – 12pm