Drug Charges Attorney: What Is Their Role in Drug Cases?

Drug Charges Attorney: What Is Their Role in Drug Cases?

Drug Charges Attorney

Facing a drug charge can feel overwhelming. Allegations of possession, distribution, manufacturing, or related offenses can carry serious fines and possible jail time. A drug charges attorney can explain your options, protect your rights, and guide your next steps so you can make informed decisions.

A drug charges attorney is seated at a desk, gesturing with one hand while holding a pen in the other, suggesting a discussion or explanation. Legal symbols such as a gavel and scales of justice are visible on the desk, along with legal books and documents, indicating the setting is likely a law office focusing on drug charge cases.

David E. Stanley, APLC, is a drug charges defense attorney in Baton Rouge, LA. Attorney David E. Stanley draws on experience handling drug-related cases to provide strategic defense and personalized guidance at each stage. He evaluates the evidence, litigates legal issues, and seeks charge reductions or dismissal where the facts and law support it.

Discuss Your Situation with a Drug Charges Attorney
Call David E. Stanley, APLC
225-926-0200

The Common Types of Drug Charges

Possession

In Louisiana, “possession” means knowingly or intentionally having actual or constructive control of a controlled dangerous substance (for example, on your person, in a vehicle, or in a residence). Simple possession is generally charged under La. R.S. 40:966(C) (Schedule I), 40:967(C), 40:968(C), 40:969(C), and 40:970(C) (Schedules II–V), depending on the drug’s schedule. Penalties vary by the drug’s schedule, quantity, and any prior record. For cannabis specifically, possession of 14 grams or less is a fine-only offense (maximum $100) on a first or subsequent conviction and must be enforced by summons in lieu of custodial arrest (La. R.S. 40:966(C)(2)(a)(i); La. C.Cr.P. art. 211).

Distribution

“Distribution” involves delivering a controlled dangerous substance to another person. Louisiana law defines “distribute” as to deliver (La. R.S. 40:961(15)), and “delivery” as the transfer of a controlled dangerous substance, whether or not there exists an agency relationship (La. R.S. 40:961(11)). Distribution offenses are typically charged under La. R.S. 40:966(A) (Schedule I) and 40:967–40:970(A) (Schedules II–V). Circumstantial factors (packaging, scales, larger quantities, or cash) can be used to show intent. These offenses typically carry higher statutory ranges than simple possession.

Trafficking

Conduct commonly referred to as “drug trafficking” is usually prosecuted in Louisiana as distribution, manufacturing, or possession with intent under La. R.S. 40:966–40:970. Larger-quantity or interstate cases may be brought in federal court under 21 U.S.C. § 841, where certain mandatory minimums depend on the drug and amount.

Manufacturing

A close-up view of an automated production line in a laboratory or factory shows machinery handling numerous white tablets, illustrating the large-scale manufacture of illegal drugs.

“Manufacturing” includes producing or creating illegal drugs, such as cultivating plants or making methamphetamine. Louisiana also criminalizes creating or operating a clandestine laboratory (La. R.S. 40:983) and adds enhanced penalties if a lab is on or within 1,000 feet of school property (La. R.S. 40:983.1) — a separate enhancement from the general 2,000-foot drug-free zones in La. R.S. 40:981.3.

Why Work With a Drug Charges Attorney?

Protecting Your Rights

Your lawyer reviews whether evidence was obtained lawfully and whether officers followed required procedures. If your rights were violated—for example, through an unlawful search—your attorney can file a motion to suppress under La. Code Crim. Proc. art. 703.

Reviewing Evidence

Counsel can examine lab reports, chain-of-custody records, body-cam or surveillance footage, witness statements, and police reports to identify weaknesses or legal issues that may support a reduced charge or dismissal where appropriate.

Negotiating With Prosecutors

Depending on the facts and applicable law, attorneys may discuss plea options that can reduce charges or penalties. Outcomes depend on the case record, the statutes, and judicial discretion.

Building a Strong Defense

Defense strategies may include challenging how evidence was obtained, contesting lab results, presenting witness or expert testimony, and raising legal defenses available under Louisiana and federal law.

What Are the Penalties for Drug Charges in Louisiana?

  • Fines. Amounts vary by statute, drug schedule, and quantity.
  • Probation. Conditions can include check-ins, drug testing, and community service.
  • Jail or prison. Sentences can range from months to decades for serious cases.
  • Record consequences & possible expungement. Some records may be eligible for expungement (sealing from public view) if statutory criteria are met—for example, many felonies may be eligible 10 years after completion of sentence with no new felony during that period and no pending criminal charges; certain offenses are not eligible, including crimes of violence (La. R.S. 14:2(B)) and sex offenses (La. R.S. 15:541). Expungement removes records from public access but does not destroy them; law enforcement and certain agencies retain access. See La. C.Cr.P. arts. 978, 973.
  • Driver’s license consequences (driving cases / some CDL cases). Louisiana suspensions are primarily tied to DWI/vehicular offenses under La. R.S. 32:414. Non-driving drug convictions are not subject to an automatic state suspension; federal law (23 U.S.C. § 159; 23 C.F.R. Part 192) allows states to opt out. CDL holders may face federal disqualification consequences under 49 C.F.R. § 383.51.
  • Court-ordered treatment. Counseling or rehabilitation may be ordered in appropriate cases.
  • Asset forfeiture. Property tied to certain drug crimes may be subject to forfeiture under Louisiana’s Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989 (La. R.S. 40:2601 et seq.).
  • Drug-free zones (La. R.S. 40:981.3). Penalties increase for certain drug crimes committed on or within 2,000 feet of designated properties.
  • Schools: Enhancements apply to any violation of La. R.S. 40:966–970 on school property, on a school bus, or within 2,000 feet of school property; lack of knowledge of proximity is not a defense (La. R.S. 40:981.3(B)).
  • Drug treatment facilities: Enhancements apply to Subsection (A) conduct (La. R.S. 40:966(A), 40:967(A), 40:968(A), 40:969(A), 40:970(A) — manufacture, distribution, or possession with intent to distribute); lack of knowledge is not a defense (La. R.S. 40:981.3(A)(2), (B)).

Religious buildings, public housing authority property, and child day care centers: Enhancements apply only if the area is posted as a drug-free zone in accordance with La. R.S. 40:981.3(A)(3)(b).

Frequently Asked Questions 

  • What Evidence Is Needed for a Drug Conviction?

Prosecutors must prove you knowingly or intentionally possessed, distributed, manufactured, or intended to distribute a controlled dangerous substance, typically using lab results, admissible proof of possession or control, and other evidence (surveillance, witness testimony, scales/packaging). Defense counsel can challenge searches, the chain of custody, and testing.

 

  • Can a Lawyer Get You Out of a Felony Charge?

In some cases, counsel may negotiate a plea to lesser conduct, seek suppression of unlawfully obtained evidence, or seek dismissal where the proof is insufficient. Results depend on the facts, statutes, and judicial discretion.

 

  • What Kind of Felony Is a Drug Charge?

Drug charges range from misdemeanors to serious felonies, depending on the statute, drug, amount, and intent. Example: possession of 14 grams or less of marijuana is a fine-only offense (maximum $100) on a first or subsequent conviction under La. R.S. 40:966(C)(2)(a)(i), and “this Subparagraph shall be enforced by use of a summons in lieu of custodial arrest” under La. R.S. 40:966(C)(2)(a)(iii), in accordance with La. C.Cr.P. art. 211. Larger quantities or distribution/manufacture are felonies with higher penalties. Federal large-quantity cases can trigger mandatory minimums under 21 U.S.C. § 841(b).

Credit Card Abuse Defense Lawyer in Baton Rouge

A drug charges attorney is seated at a desk, writing in a book with legal documents, a gavel, and scales of justice prominently displayed nearby.

Facing a drug charge is serious. David E. Stanley, APLC, is a drug charges attorney in Baton Rouge, LA. With deep knowledge of Louisiana criminal law, Attorney David E. Stanley builds defense strategies aimed at reducing or dismissing charges where the facts and law support it. He provides compassionate guidance and strong advocacy to protect your rights and future. Contact David E. Stanley, APLC, to discuss your options.

Speak with a Baton Rouge Drug Charges Attorney
Call David E. Stanley, APLC
225-926-0200

David E. Stanley, APLC
1055 Laurel Street, Suite 2 Baton Rouge, LA 70802
225-926-0200

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. You should not act or rely on any content herein without first consulting a licensed attorney in your jurisdiction. Viewing or interacting with this material—including submitting a form, sending a message, making a call, or leaving a voicemail—does not create an attorney-client relationship. That relationship is only established through a mutually executed engagement agreement. Legal requirements vary by jurisdiction and are subject to change. Always consult a qualified legal professional regarding your specific circumstances.

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