Louisiana Heroin Possession Attorney

Different Kinds of Possession

In simplest terms, possessing something can be defined as having control of a given thing. In a law enforcement context, possession is often separated into several categories.

• Actual Possession- Actual possession can be easily defined as having something in your hand or close enough where you can have physical control over it. For example, holding a baggie of heroin or having a baggie of heroin in your pocket.
• Constructive Possession- Constructive possession is not as easily defined but can be best understood as having knowledge or awareness of something that only could know about. For example, having a hollowed-out book in your car with drugs in it. Only you know the book is hollowed out, therefore, you knowingly concealed or possessed narcotics. However, given it’s hidden in something else, it is not as readily accessible as something in your hand or pocket.
• Joint Possession-Amongst the most controversial of possession types, joint possession is common in situations where someone is arrested in a group or inside of a conveyance or small space where multiple people theoretically had control. For example, drugs found stuffed in-between a car seat where two people were sitting.

In any of the above examples, if it can be proven you were in possession of heroin, the penalties are extremely harsh in Louisiana. This emphasizes the importance of a good Louisiana heroin possession lawyer.

Heroin Possession Enhancements

Aside from merely having heroin in your possession, the precise quantity of heroin in your possession can mean the difference between mere possession and possession with intent to distribute illicit narcotics. In the state of Louisiana, there are two kinds of enhancements that are of primary concern for anyone charged with heroin possession.

• Possession with Intent to Distribute- If you hold a particular amount of heroin in your possession, a certain quantity could be deemed a trafficable amount. In other words, the law automatically assumes that if you have over a certain number of grams, that the only reasonable reason for such a large quantity is that you were planning to sell the heroin aside from merely possessing it.
• Manufacturing with Intent to Distribute- Oftentimes, the presence of a large quantity of heroin and paraphernalia commonly associated with the production and manufacture of drugs is charged as manufacturing or cultivation.
• Possession of Drug Paraphernalia- A seldom understood enhancement, the presence of items that are associated with the use of drugs in the presence of drugs are considered paraphernalia. Simply having needles or a spoon without residue or heroin does not constitute paraphernalia alone.

Because most of these enhancements are arbitrarily determined, having a heroin possession lawyer is essential if you’ve been charged with any of the above enhancements.