Any case against you, must have sufficient evidence to prove your guilt beyond a reasonable doubt. Like any criminal investigation, the methods used by the police officers had to be in line with the requirements dictated by the United States and Louisiana Constitution. My representation will include a thorough review of the facts and the actions taken by the arresting officers.

However, If you have been arrested for a drug related offense, such as possession, distribution, possession with intent to distribute, or even other offenses, which can be related to drug use (theft, burglary, etc.), you have some unique options.  

Those Drugs Aren’t Mine

Sometimes we are in the wrong place at the wrong time.  If you are in a place where drugs are in your immediate surroundings, when the police arrive, there is a chance you can get arrested.  How do you handle this situation?  If you have read my other post, you know that it is not in your best interest to give a statement to a police officer.  Although, you cannot rely upon someone else being honest and admitting the drugs belongs to them, trying to convince the police anything at this juncture is not likely to be successful. They will likely arrest you regardless of your statement, so do not create a record that will make the district attorney’s job easier. So, you were arrested only because you were in the area; what now?

Of course, you can always go to trial and make the state prove the drugs found were yours.  What you do during the months your case is pending through discovery and motions will not prevent you from going to trial. You will always have that right. However, your actions during the pretrial period can provide other options your attorney can use on your behalf.

I have a drug problem, do I have to stay in jail?

Ok, if you were caught with your drugs and you have a drug problem, what do you do?  To get a good result, you do not necessarily have to convince the DA that the drugs were not yours; you have the option of convincing the DA that prosecution isn’t necessary in your case.  How do you do that?  Well, you have to admit you have a drug problem and get help.   

There are two ways to get from jail to rehabilitation. One, you can bond out (you may call my office for a bond reduction, unless the bond is already affordable). If bonding out is difficult, my office can petition the court to have your bond modified, so that the detention facility will release you into the custody of the drug rehabilitation facility. Continued compliance will be requirement of your new bond obligation. Not everyone will qualify for a bond modification, but please call my office to discuss this option, if you are interested in getting help with your drug problem.

How does getting clean help my case?

Once you are enrolled in a drug treatment program, in most cases, your case can be continued while you are actively treating.  From there, the ball is in your court.   You have the opportunity to fully comply with the treatment program and get glowing reports from the facility. Compliance with treatment will go a long way towards convincing the DA that although you may have committed a crime you do not need a conviction to get the message and turns things around.  

Of course, treatment and getting clean does not guarantee a certain result and please seek treatment because you really want to turn your life around and not just because you are trying to avoid prosecution, however, if you are authentic and engaged in your treatment plan, it tends to have an impact on how the district attorney views your case.