What is Constructive Possession?

  Possession does dot always Mean that it's in Your Pocket One of those reality TV crime shows caught my eye the other night with an incident involving a female motorist. She was driving along a Western interstate highway and made a few erratic moves after passing a cop who was moving along the slower lane. The cop pulled her over because he sensed that she was impaired in some fashion. He asked if she had been drinking; she said no. He asked about drug use; she said no. Still, she appeared nervous, and so he asked if he could [...]

By |2015-10-06T01:47:04+00:00October 6th, 2015|Categories: Drug Crimes, Property Crimes, Search and Seizure|Tags: |

DEA: Medications Containing Hydrocodone Subject To Stricter Prescribing Rules

  The federal government announced that more than 65 prescription medications containing the most widely-prescribed painkiller, hydrocodone, will now be subject to new, stricter federal prescribing rules as of this past week.   The new regulations published by the DEA will make medications which contain hydrocodone subject to the same restrictions as other narcotics such as oxycodone and morphine.   The rules cover an array of prescription painkillers which combine hydrocodone with other analgesics such as, acetaminophen (Vicodin) or ibuprofen (Reprexain), as well as some prescription cough medications, all of which will be now be regulated as schedule II drugs.   [...]

By |2015-05-09T21:30:18+00:00October 10th, 2014|Categories: Drug Crimes|Tags: |

Federal Drug Prisoners May Be Released Sooner

  It’s Time to Open these Gates! The U.S. Sentencing Commission (USSC) voted in favor of making new federal drug guideline sentence reductions retroactive.   Most of you know by now, our country is in the midst of an incarceration crisis.  Our great nation locks up more, per-capita, than any other nation.  Many of these inmates are victims of harsh sentencing initiatives resulting from the failed war on drugs. Last week, we received good news from Washington.  Nearly, 46,000 federal drug offenders (25% of BOP population) will be able to file a motion in court to have their sentence reduced by [...]

LACDL Adopts Marijuana Policy Statement

  I am happy to report that the Louisiana Association of Criminal Defense Lawyers’ (LACDL) voted last week to adopt an official policy statement related to the possession and use of marijuana. The 2014 legislative session has a number of marijuana-related bills up for debate. The LACDL Marijuana Policy Statement is as follows:   We believe that marijuana prohibition financially burdens taxpayers, encroaches upon civil liberties, engenders disrespect for the law, and disproportionately impacts students, lower income classes, African Americans, and other ethnic minorities who bear the brunt of cannabis arrests and prosecutions. The responsible consumption of marijuana by adults [...]

Federal Drug Trafficking Penalties For Cocaine — Louisiana

    Federal Trafficking Penalties for Schedule II Cocaine   FOR:   Schedule II Cocaine --  500-4999 grams mixture            Or                           Schedule II Cocaine Base -- 28-279 grams mixture   First Offense: Not less than 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.   Second Offense: Not less than 10 yrs. and not more than [...]

Defending Possession With Intent To Distribute Cases — Drug Crimes

    Are You Being Charged or Investigated for a Drug Crime in Federal or Louisiana State Court?   If you have recently been charged with possession with the intent to distribute, you need to enlist the assistance of an experienced New Orleans Drug Crimes Attorney immediately. Our firm has the experience and dedication required to take PWID charges head on. Click here to contact Attorney Elizabeth Bagert Carpenter.   Defending Against “Possession with the Intent to Distribute” Charges    Possession with the intent to distribute, or PWID as it is commonly known, is a serious charge and can result in long prison terms.   [...]

Possession of Marijuana & Drug Paraphernalia — Kenner

    If you have been arrested or charged with possession of marijuana or drug paraphernalia in Kenner.  Contact our firm to speak with a New Orleans Drug Crimes Defense Attorney.   Kenner Municipal Code Sec. 7-191. --  Possession of Marijuana   Marijuana is hereby defined as follows: Marijuana means all parts of the plants of the Genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such [...]

Model Glue – Use and Abuse of Inhalants — Unlawful Sale to Minors — Louisiana Law

    Model Glue; Use of; Abuse of Toxic Vapors; Unlawful Sales to Minors; Penalties -- La.R.S. 14:93.1   It shall be unlawful for any person to intentionally smell or inhale the fumes of any type of model glue or toxic vapors for the purpose of causing a condition of or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction or dulling of the senses or nervous system; or for the purpose of, in any manner, changing, distorting or disturbing the audio, visual or mental processes.  This Section shall not apply to the inhalation of any [...]

By |2013-10-26T08:57:28+00:00October 26th, 2013|Categories: Crimes Defined, Drug Crimes|Tags: |

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 [...]

U.S. Fifth Circuit: Permission to Search Luggage Does Not Include Vehicle

  United States v. Cotton (2013): U.S. 5th Circuit Ruling   By Elizabeth B Carpenter    Never give a police officer permission to search your vehicle or home!   In February 2011, Marvin Cotton was driving his rental car along Interstate 10 in east Texas when, without changing lanes or slowing his speed as required by Texas law, he passed Lieutenant Tony Viator’s emergency vehicle parked on the side of the road. Having already received a tip from a fellow officer that Cotton might be carrying drugs, Viator conducted a stop and a lengthy detention, running license checks with dispatch and [...]

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