Lafayette Drug Crime Attorney

The allegations of drug violations can bring charges from both the state of Louisiana and the government of the United States. Convictions on any charge may have ripple effects on a person’s life even beyond their sentence–which by itself might include jail time. A record of drug convictions will trail a person around as they seek employment, a place to live and can impact their ability to build meaningful personal relationships. Our Lafayette drug crime lawyer knows how high the stakes are for anyone facing these circumstances and we leverage all our experience and know-how on behalf of our clients.

The Law Office of J. Bradley Cockrell has been fighting for defendants since 1993. We serve the English, Spanish and French-speaking communities of Lafayette. Call today at (337) 448-4777 or fill out our online contact form to set up a consultation.

How To Defend Yourself Against a Drug Charge

The defense strategy undertaken will first depend on the nature of the crime being alleged. Drug crimes cover a broad range of legal ground, but they can be grouped generally into three categories…

• Possession
• Distribution
•  Intent to sell

There is a certain amount of interconnectivity between the three possibilities. The person with intent to sell already possesses the drugs. This can result in multiple charges being brought by prosecutors, meaning the potential for a more severe sentence if convicted. The potential sentence is also impacted by the type of drug involved.

The state of Louisiana offers guidelines for any form of illegal drug, considering its capacity for addiction, whether there are any reasonable uses for the drug and the quantity in question. Possession of heroin, for example, would result in a more severe sentence than illegally having excess quantities of Robitussin without a prescription. There are five classes of drugs in Louisiana that cover everything between these extremes.

The possible crimes that fall under the drug umbrella are no less wide-ranging. At one end, we could have a defendant who is charged with a small amount of an illegal substance in their glove compartment, which was left there by a passenger. Or we could be working with someone charged with overseeing a large-scale distribution operation.

What these opposite cases and every other possible scenario have in common is this–they all deserve a fair trial. A fair trial should mean a defense lawyer who vigorously advocates for their client and challenges the prosecution with determination every step of the way. And while every case is unique, there are some common approaches that can at least be considered.

In Louisiana, the common defenses to drug crimes may include:

• Unlawful search and seizure: As in other jurisdictions, the Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures in Louisiana. If police officers conducted an unlawful search or seizure, any evidence obtained may be suppressed, making it difficult for the prosecution to prove the defendant committed a drug crime.
• Lack of knowledge or intent: You may argue that they did not know that the substance in question was illegal or that they did not intend to possess or distribute drugs. For example, if you were unknowingly given drugs by someone else or if they were holding drugs for someone else without knowledge of what the substance was, they may have a viable defense.
• Insufficient evidence: If the prosecution cannot present sufficient evidence to prove that the defendant possessed or distributed drugs, or that they did so with the intent to do so, the defendant may be able to avoid conviction.
  Police misconduct: If law enforcement officers engaged in misconduct during the investigation, such as coercing a confession or planting evidence, any evidence obtained as a result may be suppressed, making it difficult for the prosecution to prove the defendant committed a drug crime.
• Medical necessity: Louisiana has legalized medical marijuana for certain qualifying conditions, such as cancer, epilepsy, and glaucoma. If the defendant can prove that they were using marijuana for a medical necessity, they may be able to avoid conviction for possession or use of marijuana.

An experienced lawyer like Attorney J. Bradley Cockrell understands how to investigate a drug crimes arrest, what questions to ask and how to craft a defense strategy. Call today at (337) 448-4777 or contact us online to set up a consultation.

Questions a Lafayette Drug Crimes Attorney Can Ask

Did authorities respect the Fourth Amendment to the U.S. Constitution?
The Fourth Amendment is our right against illegal search and seizure. It means that searches of our property–from the house to the car to the computer records or anything else we own–must have a legally valid reason.
In most cases, that means the police must have a search warrant. A warrant is required to look through a suspected trafficker’s financial records or to search the home of someone suspected of possession. Police do not necessarily need a warrant to search someone’s car after a stop, but they do require probable cause–both for the stop itself and the decision to search the vehicle.
Probable cause means there was at least a credible reason to look through the car. Probable cause is also required to even request a search warrant. A Lafayette drug crimes lawyer can certainly insist that authorities give their reasons for believing there was probable cause and to give those reasons under oath.

Did police abuse their power?
The confession to a crime might seem like airtight evidence. But did the police handle interrogation responsibly? Was the arrested person informed of their right to counsel and given a reasonable chance to call a lawyer? Were intimidation tactics used as a means of coercing a confession? A good defense attorney takes nothing for granted and asks these questions. All evidence that is illegally obtained is inadmissible in court and cannot be presented to the jury .

Who will serve on the jury?
Different people have different life experiences and that impacts how they might view a drug crimes case. The jury selection process, something done in collaboration between the defense lawyer, the prosecutor, and the court, can be particularly crucial in cases like this. All it takes is one juror to believe there is reasonable doubt as to the defendant’s guilt. Of course, we want to persuade all twelve jurors ultimately selected, but the system is structured to favor the defense. We work to utilize that to the best of our ability.
 

Let OUr Firm Fight for you
 

The legal abilities of the Law Office of J. Bradley Cockrell have been vindicated time and again in our long service to defendants in Lafayette. We’ve been at this since 1993, have developed an impressive track record of success and we want to help you next. 

Call our Lafayette drug crime lawyer today at (337) 448-4777 or contact us online to set up a consultation.