Legal Question in Criminal Law in Louisiana

Can an individual be charged with two counts of Conspiracy to Distribute Schedule II and one count of Distribution of Schedule II, despite not having any drugs in their possession, not being a resident of the targeted property, arriving after a warranted search had taken place, and being unaware of any drugs being on the property? I am inquiring about a current case in Louisiana where an individual is currently incarcerated. The individual was visiting their niece and nephew in another town and was offered accommodation at an acquaintance's residence due to its proximity to their family. However, the individual was involved in an accident that required them to seek medical attention and receive staples in their head. They were advised to leave work early and decided to return to the residence to collect their personal belongings before saying goodbye to their family and heading back to their home in Monroe, LA from Oak Grove, LA. When the individual arrived at the residence after their hospital visit, they approached the police present to inquire about the situation, as they were unaware of why law enforcement was there. An officer informed the individual that they were not involved and had no cause for concern. The individual politely acknowledged this information and proceeded to gather their belongings. However, upon exiting the house, they were met by the arresting officer who proceeded to arrest them. Despite no drugs being found on the individual's person or in their belongings during the search, they were handcuffed and charged with two counts of Conspiracy to Distribute Schedule II and one count of Distribution of Schedule II. The residents of the house allegedly conspired to shift blame onto the individual in exchange for reduced charges for the group. It should be noted that the individual has a prior criminal record related to similar charges, but in this particular case, they were unaware of any drugs being present on the property due to working 12-hour shifts during the day and spending their remaining free time with their niece and nephew. Following their arrest on June 27, 2023, the individual has been detained in West Carroll Parish before being transferred to Riverbend Detention Center, where they remain with a hold placed on their bond, today.


Asked on 7/08/23, 4:02 pm

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Of course they can be charged, because they were. Does this person have a lawyer? Is the person able to communicate with their lawyer? Conversations need to be had between the arrested person and their lawyer so a proper defense can be prepared.

Read more
Answered on 7/09/23, 2:25 am


Related Questions & Answers

More Criminal Law questions and answers in Louisiana