Heroin Possession and Distribution — Louisiana
Our New Orleans drug defense attorney knows that people battling drug addiction or abuse need help. They are not bad people; they are suffering from a disease and need care and treatment to recover. Ms. Carpenter fights on behalf of those charged with drug possession offenses, working to obtain an outcome that avoids jail time and focuses on rehabilitation and recovery.
Under the Louisiana Criminal Code, Heroin is classified as a Schedule I controlled dangerous substance. These crimes are felonies.
The laws pertaining to possession and distribution are as follows:
Possession of Heroin Penalties
If a person is found in possession of heroin or a mixture or substance containing a detectable amount of heroin or of its analogues, upon conviction for an amount:
(a) An aggregate weight of less than 2 grams, shall be sentenced to a term of imprisonment, with or without hard labor, for not less than 2 years nor more than 4 years.
(b) An aggregate weight of 2 grams or more but less than 28 grams, shall be sentenced to a term of imprisonment, with or without hard labor, for not less than 2 years nor more than 10 years and may, in addition be required to pay a fine of not more than $5,000 dollars.
Treatment for heroin addiction as a condition for probation for a conviction of possession with intent to distribute heroin or possession of heroin, the court may suspend any sentence which it imposes and place the defendant on probation pursuant to Code of Criminal Procedure Article 893. The court may order the division of probation and parole of the Department of Public Safety and Corrections to conduct a presentence investigation, or may order the defendant to obtain a substance abuse evaluation, for the purpose of determining whether the defendant has a substance abuse disorder.
Upon receiving the report or evaluation, the court shall, if it finds probable cause from such report to believe the defendant has a substance abuse disorder, order a contradictory hearing for the purpose of making a judicial determination on whether the defendant has a substance abuse disorder.
If, at such contradictory hearing, the court determines that the defendant has a substance abuse disorder, it shall require as a condition of probation that the defendant complete a drug treatment program if the following conditions are met:
(a) There is an available program in the local jurisdiction that has sufficient experience in working with criminal justice participants with substance abuse disorders and is certified and approved by the state of New orleans criminal lawyer.
(b) The cost of the approved treatment does not create a substantial financial hardship to the defendant or his dependents. For purposes of this determination, “substantial financial hardship” shall have the same meaning as provided in R.S. 15:175.
If the offender does not successfully complete the drug treatment program, or otherwise violates the conditions of his probation, the court may revoke the probation or impose other sanctions pursuant to Code of Criminal Procedure Article 900.