
What a Lafayette Drug Trafficking Lawyer Wants You to Know First
Louisiana does not use the word “trafficking” in its drug statutes the way some states do. State law instead turns a possession charge into a felony distribution charge once the weight of the drugs crosses a set threshold. Sometimes this happens with no proof that you sold or delivered anything to anyone.
That distinction catches a lot of people off guard, and it can mean the difference between a few years in prison and several decades. We know how frightening that is. At The Law Office of Joshua S. Guillory, LLC, our Lafayette drug trafficking lawyers represent people charged with felony distribution and possession with intent to distribute.
We serve clients throughout Lafayette Parish and the surrounding area. Reach out to talk through the charge you’re facing and what the weight and type of substance involved could mean for your case.
Felony drug cases in Acadiana cover more ground than most people expect, and the label on the charge often says less than the facts underneath it. Our firm handles cases that include:
Each of these charges carries its own range of penalties under Louisiana law. The exact charge the district attorney files can depend on lab results that are worth reviewing closely.
Louisiana generally builds trafficking-level penalties into its distribution statutes rather than using a separate trafficking law. Under Louisiana Revised Statutes Section 40:967, which covers cocaine, methamphetamine, and other Schedule II drugs, the sentencing range increases once the weight involved reaches a threshold the statute sets.
For distribution of cocaine, methamphetamine, and most other Schedule II drugs, the maximum sentence doubles from 10 to 20 years at 28 grams or more. Fentanyl is treated more severely, with sentences that rise as the weight increases. Heroin falls under Louisiana Revised Statutes Section 40:966, which sets a prison term of 5 to 40 years at hard labor for distribution, regardless of the amount involved.
A felony drug conviction under either statute can bring a fine reaching into the tens of thousands of dollars. It can leave a lasting criminal record. It can also create barriers to housing and certain jobs long after any sentence ends.
Felony drug charges out of Lafayette Parish are prosecuted in the 15th Judicial District Court, based at the Lafayette Parish Courthouse on South Buchanan Street. The same district also covers Acadia and Vermilion Parishes.
A trafficking-level distribution case often begins with an arrest and a first court appearance where bail is set. It then moves through pretrial proceedings where the state’s evidence may be tested. That can include how the drugs were found, whether the stop and search that led to the discovery were lawful, and whether the lab work on weight and substance type holds up.
Depending on the charge and the person’s history, a program such as the court’s Adult Drug Court may also be an option.
Because weight and lab findings can play a major role in a trafficking-level charge, an early review of how the state built its case may help shape the options available.
Early legal help can matter. Decisions made in the first days after an arrest or search in Lafayette, including what you say to investigators and whether you waive any rights, can affect the rest of the case. Getting a lawyer involved early gives you time to review the charge and the weight of the drugs involved. It also lets you review how the evidence was gathered before key deadlines in the court process pass.
The difference generally comes down to intent and amount. Simple possession means having a drug without intending to sell or deliver it. A distribution or trafficking-level charge applies when the state alleges someone intended to sell or deliver the drugs. A larger amount can lead prosecutors to argue that intent, and once the amount reaches certain thresholds, the penalties can be the same as for distribution.
A first-time offender can still face one. The weight of the drugs involved can trigger a trafficking-level charge regardless of whether you have a prior record. A clean record may matter later during sentencing or negotiations, but it does not change how the charge gets filed in the first place.
It can, depending on the circumstances. Cases that involve federal agents, cross state lines, or come out of a joint task force sometimes get charged in federal court. There, sentencing follows separate federal sentencing rules rather than Louisiana state law.
Your first appearance is usually a short hearing within 72 hours of arrest, where the court addresses bail and appoints counsel if needed. The arraignment, where the charge is read, comes later. The first appearance is also an early point where a lawyer can start asking questions about how the case was built. That includes the search, the lab results, and the chain of custody for the drugs.
It depends on the weight involved, the type of drug, and the specific facts of the arrest. Some lower-level cases resolve through negotiation or alternative programs, but many trafficking-level charges carry a mandatory minimum sentence that limits what a judge can do at sentencing.
Fees can vary with the charge and how complex the case becomes. To get a clear answer for your situation, you can contact our office to schedule a consultation and go over the specifics of your charge.
A trafficking-level drug charge in Louisiana can move quickly, and the choices you make in the first days after an arrest can affect what comes next. The Law Office of Joshua S. Guillory, LLC represents people charged with felony drug distribution and trafficking-level offenses throughout Lafayette Parish and the surrounding area.
Contact us today to talk about the charge you’re facing and what your options look like from here.