Legal Question in Criminal Law in Louisiana

Re: drug charge

Dear LawGuru Friend,

One good thing about court appointed lawyers is that when they plead you guilty and you end up in prison, you have the comfort of knowing that the lawyer didn't cost you anything.

Secondly, who wants to do time for a first offense! At least you had the money to bond out of jail. Now you should work your pants off doing your best to keep a felony criminal conviction off of your record. Your life will never be the same once you have been convicted of a felony, especially a drug felony. Begin now to study the Louisiana drug laws, especially the ones that you have been charged with violating. These statues will tell you the possible sentences for a conviction of such. Also, assuming you are guilty as the Devil, then, since you are a first timer, study and learn what an Article 893 plea and sentence is. That's article 893 of the LOUISIANA CODE OF CRIMINAL PROCEDURE, whereby you enter a plea of guilty, but the judge defers sentence and puts you on probation; and upon successful completion of your probation, you are allowed to withdraw the guilty plea, and the charge is dismissed. If you "flunk" the probation, then the judge will sentence you, this time, probably to jail, since probation did not seem to do you any good. Leave illegal drugs alone! If anybody even hints an illegal drug, run the other way. Get away from a court appointed lawyer, if you can! Hire you a lawyer, one who will fight for you. Court appointed lawyers are bought and paid for by by the State of Louisiana, who is the one prosecuting you. They may be competent, extremely competent, but they all have so many hundreds of cases they hardly know their clients' names, much less anything about their case. If they do zero, zip and do a lousy job on your case, subjecting themselves to even legal mal-practice law-suit type claims, they can always clear their coat-tails by encouraging you to take the whatever "deal" the D.A. makes; and they are then "clean" of having done nothing by way of your defense, other than appear at your arraignment and trial date. There is more to it all than this, but this is something to think about.

Goggle the Louisiana Legislature web-site, then click on Louisiana Laws and then go to the LOUISIANA CODE OF CRIMINAL PROCEDURE, the LOUISIANA CRIMINAL CODE, which is Title 14 of the Louisiana Revised Statures; and also go to Title 40 of the Louisiana Revised Statutes where Schedule I, II, III and IV illegal drugs are defined and made criminal to possess and distribute and/or intend to distribute, and where the penalties for violating such statues are set forth. Good luck! Fight to keep your criminal record clean! Good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles

Re: drug charge

It depends if you are going to state or federal court. Federal sentences are generally stiffer.

Your court appointed lawyer might be excellent. Some of the finest criminal lawyers I know are in Public Defender's offices or accept court appointments in their private practice. The biggest problem is clients who don't give their court appointed lawyers the time, effort and information they would give a retained lawyer. Make an appointment with your lawyer and ask (and answer) lots of questions.