Posts Tagged ‘Drug crimes Defense Attorney New Orleans’

Use of Controlled Dangerous Substances in the Presence of Person Under Age Seventeen — Louisiana

 

New Orleans Drug Crimes Defense Attorney

 

 

Illegal Use of Controlled Dangerous Substances in the Presence of Persons Under Seventeen Years of Age — La.R.S. 14: 91.13

 

It shall be unlawful for any person over the age of seventeen, while in the presence of any person under the age of seventeen and when there is an age difference of greater than two years between the two persons, to use, consume, possess, or distribute any controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act.

Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for more than six months, or both.

This offense is a misdemeanor.

 Elizabeth Bagert Carpenter — Drug Crimes Defense New Orleans

 

Dealing with Police Encounters — Know Your Rights!

New Orleans Criminal Defense Attorney

 

Elizabeth Bagert Carpenter, Esq.  — Drug Crimes Defense Attorney New Orleans

 

If you or a loved one has been charged with a drug crime, contact attorney Elizabeth B. Carpenter today.  Our firm is ready to start building your defense!

 

Ten Rules for Dealing with the Police — Know Your Rights!

 

The 4th amendment of the Bill of Rights provides for people and their property to have the right to be protected from unreasonable searches and seizures.  Law enforcement must have probable cause to obtain a search warrant.  Probable Cause is defined as clear facts and evidence to know that you are involved in criminal activity.  Never let the police search your vehicle or home without a warrant — even if you feel as if you have nothing to hide.

 

1.  Always be calm and polite.  Don’t talk back or raise your voice.

 

2.  You always have the right to remain silent.  During police encounters, the best thing to do is not speak.

 

3.  You have the right to refuse searches.  You should make it very clear, “Officer, I do not consent to searches.”  The officer is not required to tell you that you have the right to refuse a search.  Never consent to a search.  You may refuse a search of your car, house and personal items.  Also you are not required to empty your pockets.  Do not consent to a search even if you know that you are not in possession of something illegal.

 

4.  Don’t get tricked.  The police may lie to you.  Don’t let threats or promises trick you into waiving your rights.

 

5.  If you ever feel as if the officer is detaining you, ask if you are free to go.  Calmly state, “Officer, are you detaining me or am I free to go?”  This will establish that the encounter is not voluntary, which can help you later in court.  If the officer does not answer the question, then you are free to go.  If the officer interrogates you, say, “I am going to remain silent.  I would like to see a lawyer.”

 

6.  Don’t expose yourself to criminal activity in public.

 

7.  Don’t run from the police!  This is enough evidence to support “probable cause.”

 

8.  Never touch a cop!

 

9.  Pay close attention to detail and the order of events during a police encounter.  Record the event either visually or audibly if you can.  Immediately after, write down as much detail as possible – what were the officers statements, appearance, badge numbers, names…  Look around for possible witnesses.  You will need this information later to report and possible police misconduct.

 

10.  Do not let police into your home without a signed search warrant from a judge.  The only times warrants are not necessary are in cases of “hot-pursuit” and emergencies.  If an officer comes to your door clearly say, “I cannot let you in without a warrant.”

 

 

 

Synthetic Drug 25I: A New Schedule I Drug

New Orleans Drug Crime Attorney

 

By Elizabeth B Carpenter — Criminal Defense Attorney New Orleans 

 

Elizabeth B Carpenter Law is a premier law firm for Drug Crime defense.  We have defended almost every type of Drug Crime imaginable in South Louisiana.   If you are in need of a New Orleans drug crime attorney, contact our office today.

 

 

 

Synthetic Drug 25I: A New Schedule I Drug

State health officials, top lawmakers and law enforcement personnel announce steps they have taken to ban a dangerous new drug, 25i, making it illegal in Louisiana.

This relatively new drug, 25i, also called Smiles or N-Bomb, has been added to the state’s Controlled Dangerous Substance Act, effective immediately.  It is classified as a Controlled Dangerous Substance — Schedule I.

Simple Possession of 25I will carry a sentence of 4 to 10 years.

Manufacturing and Distribution of 25I will carry a sentence of 5 to 50 years.

Lawmakers began eyeing criminalizing the drug after an Arkansas man died last week in New Orleans after reportedly overdosing on 25i at a festival.

At least five people have died nationwide this year after taking 25i, including the man who died in Louisiana, according to officials. Other deaths reportedly occurred in Minnesota, North Dakota, California and North Carolina.  Today, Louisiana becomes the second state, along with Virginia, to make 25i illegal.

Louisiana revised statute 40:962, gives State Health Officials authority to add new compounds as a Schedule I drug in the Controlled Dangerous Substance Act by rule if the substance has a high potential for abuse, has no currently accepted medical use in the U.S., and if there is no accepted safety use of the substance under medical supervision.

Officials said the synthetic drug is commonly manufactured in China and India, and is being sold in powder and liquid form online, which is how people access it in the United States.

 

Elizabeth B Carpenter — New Orleans Criminal Defense Attorney

 

Appeals Court Considers Marijuana Reclassification — New Orleans Criminal Defense Attorney

 

NEW ORLEANS MARIJUANA DEFENSE ATTORNEY

 

 

If you have been arrested for a Marijuana Offense in LouisianaElizabeth B. Carpenter, Esq.  Our fees are always discounted for Marijuana Offenses.

 

Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.

 

 

Appeals Court Considers Marijuana Reclassification

 

 

More than 10 years after it was initially filed, the latest petition to remove marijuana from Schedule Iof the Controlled Substances Act is finally giving the herb its day in court. The current classification lumps cannabis in with drugs such as heroin, LSD and mescaline.

The District of Columbia U.S. Circuit Court of Appeals heard oral arguments this week in the case of Americans for Safe Access v. Drug Enforcement Administration, providing an opening for medical marijuana reform advocates to challenge the conventional law enforcement contention that marijuana has a “high potential for abuse” and is “without accepted medical use in treatment in the United States.”

Joe Elford, Chief Counsel for Americans for Safe Access, described an endless cycle orchestrated by federal drug enforcers in an effective effort to keep marijuana on Schedule I indefinitely. He argued that the Department of Health and Human Services is actively stifling much-needed research into marijuana’s medical benefits, citing the Schedule I classification as the basis for controlling research. The DEA completes the cycle by arguing that marijuana can’t be removed from Schedule I because there isn’t enough available research. This strategy has for years put a stranglehold on any opportunity for federally-accepted research into the medical marijuana benefits found in other studies.

“They’ve created a catch-22 so that they never have to be responsible for moving marijuana off of Schedule I,” said Kris Hermes, spokesperson for Americans for Safe Access. “They’re placing politics before science.”

 

DEA attorney Lena Watkins argued that the federal government does allow for research into the medical efficacy of marijuana, and that there have been 15 such studies that have met the government’s exacting standards. When asked by the three-judge panel why those studies have not convinced the DEA that marijuana has a legitimate medical use, Watkins said, “we don’t have the final results yet.”

Watkins reminded the court that neither state legislatures nor voters are qualified to judge the accepted medical use of marijuana, and stressed that “marijuana is the most widely abused drug in America.”

“The DEA often argues that just by the fact that marijuana is used by so many in the United States, that it’s tantamount to having high potential for abuse,” Hermes said. “That’s a ludicrous standard, and it’s not consistent with the way it’s used by the FDA.”

 

Key Legal Hurdle

The issue that tripped up two prior appeals of marijuana’s classification may be the downfall of this effort as well: A plaintiff must prove that he’s been harmed in order to have legal standing to sue. Past attempts to reschedule the drug failed because the plaintiffs weren’t able to prove this to the court’s satisfaction.

Before adjourning, the appeals court ordered the plaintiffs to provide supplemental briefing to make their case for standing, indicating it could be a fatal stumbling block yet again.

“They’re taking the standing issue very seriously,” Hermes said.

The plaintiff in this case is Michael Krawitz, a disabled United States Air Force veteran. Krawitz uses medical marijuana in combination with more conventional medications to alleviate pain resulting from a military service injury. But Krawitz is being denied medical services by the Department of Veterans Affairs because he’s a medical marijuana patient.

Krawitz said marijuana’s Schedule I classification has “caused my fellow patients to be imprisoned, be denied work, be denied housing, be denied the right to a firearm, and be removed from transplant lists.”

“Despite being an Oregon card-holding medical marijuana patient, I’ve had to access medical treatment for my pain outside the VA,” Krawitz said, adding that “this is done openly as punishment to stop me from using cannabis.”

 

A Curious Question

Since the appeal of this petition was granted, medical marijuana advocates have argued that regardless of the outcome, the opportunity to bring evidence of marijuana’s medical benefits before a court is a victory in itself.

They may need to look for victories where they can, as Judge Merrick Garland asked one question that suggested an ominous outcome.

“Don’t we have to defer to the agency?” he asked, referring to the DEA. “We’re not scientists. They are.”

Far from being scientists, the DEA is a federal law enforcement agency operating within the Department of Justice.

Do you think that marijuana should be removed from Schedule I? How do you think it should be classified? Let us know in the comments section below.

 
Attorney Elizabeth B Carpenter has been a supporter of reforming Marijuana Laws for many years.  Currently, Louisiana has some of the harshest marijuana laws in the country, and it has the fifth-highest marijuana arrest rate in the United States.  Additionally, Louisiana has never had a law that effectively protects medical marijuana patients from arrest. In the last several sessions, Louisiana legislators have been too busy trying to increase marijuana penalties and refusing to introduce compassionate medical marijuana legislation.

 

 

 

Louisianans must form a united front and remain determined to stand up to the injustice of marijuana prohibition and accomplish decriminalization, no matter how long it takes to succeed.  

 

 

Phenazepam is now listed as a Schedule I in Louisiana — New Orleans Drug Crime Attorney

NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney  

 

Governor Bobby Jindal has signed Act 346 of the Louisiana 2012 Legislative Session.  This act adds phenazepam to the list of Schedule I controlled dangerous substances.

 

Phenazepam is a benzodiazepine drug, which was developed in the Soviet Union and now produced in Russia and some CIS countries. Phenazepam is used in the treatment of neurological disorders such as epilepsy, alcohol withdrawal syndrome and insomnia. It can be used as a premedication before surgery as it augments the effects of anesthetics and reduces anxiety. Recently, phenazepam has gained popularity as a recreational drug; abuse has been reported in the United Kingdom, Finland, Sweden and the United States.

 

 

Elizabeth B Carpenter Law is one of the premiers law firms for Drug Crime defense.  We have defended almost every type of Drug Crime imaginable in South Louisiana.  When approaching a Drug Case, the first issues we examine are the client’s constitutional rights against unlawful search and seizure:

  • Did the police have the right to pull our client over?,

 

  • Did the police have the right to search our client’s home?,

 

  • Did the police have the right to search out client’s car?

 

Our first goal is to try to exclude / suppress any and all evidence of a drug crime.  If the evidence is suppressed, the state cannot use the evidence to convict our client.  The goal in every drug crime case is to not be convicted.

If you have been arrested for Drug Possession, contact Ms. Carpenter’s office for a consultation.  We want to protect your rights!

 

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