On this page
- Which court hears a drug charge from Metairie?
- Is your charge a felony or a misdemeanor?
- Prescription pills and Schedule II charges
- First-offender options: Article 893, Article 894 and drug court
- Clearing your record after a Metairie drug case
- How Barry fights a Metairie drug case
- Next steps after a drug arrest in Metairie
Which court hears a drug charge from Metairie?
It depends on whether the charge is a misdemeanor or a felony. Misdemeanor drug charges from the East Bank, such as possessing more than 14 grams of marijuana or drug paraphernalia, are generally handled in First Parish Court of Jefferson Parish at 924 David Drive. Felony charges go to the 24th Judicial District Court at 200 Derbigny Street in Gretna.
Metairie is unincorporated, so most arrests are made by the Jefferson Parish Sheriff's Office. People held after arrest are usually taken to the Jefferson Parish Correctional Center at 100 Dolhonde Street in Gretna.
Is your charge a felony or a misdemeanor?
In Louisiana, a felony is any crime that can be punished by death or imprisonment at hard labor. Everything else is a misdemeanor. If the statute says "with or without hard labor," it is a felony.
For drug cases, the drug type, the weight and whether the State claims you intended to sell all matter. Under 2 grams of a Schedule II drug carries up to 2 years. From 2 to under 28 grams, it is 1 to 5 years. Possession with intent to distribute carries much more. Read more in felony vs. misdemeanor in Louisiana.
Prescription pills and Schedule II charges
Many Metairie drug cases involve pills rather than street drugs. Oxycodone, like cocaine and meth, is a Schedule II drug under Louisiana law. Possessing it without lawful authority is charged under the same statute, with the same weight tiers.
Fentanyl is treated more harshly. Possession of under 2 grams of fentanyl carries 2 to 4 years, and 2 to 28 grams carries 2 to 10 years. Weights count the whole mixture, including any filler. A lab report that does not clearly identify the substance or its weight is a target for the defense.
First-offender options: Article 893, Article 894 and drug court
Louisiana gives judges tools to keep a first offense from becoming a permanent conviction.
- Article 893 (felonies): the judge defers sentence and places you on probation. If you complete it, the conviction is set aside and the case dismissed, and you can seek expungement. It is not available for drug offenses punishable by more than 10 years.
- Article 894 (misdemeanors): a similar set-aside for misdemeanor charges after up to 2 years of probation.
- Drug court: state law allows drug division probation with treatment, and felony probation can run up to 8 years in a specialty court.
See our article on Article 893 and 894 set-asides.
Clearing your record after a Metairie drug case
A drug arrest does not have to follow you forever. If your case ends without a conviction, because it was dismissed, refused or you were acquitted, you can usually seek expungement once the case is over. A felony set aside under Article 893 can be expunged under Article 978, and a misdemeanor set aside under Article 894 can be expunged under Article 977.
A first marijuana possession conviction can be expunged 90 days after the conviction. Most drug distribution felonies are not eligible, though certain possession convictions are. Expunged records are removed from public view but stay available to law enforcement and some licensing agencies. Visit our expungement page to learn more.
How Barry fights a Metairie drug case
Before talking about deals, Barry tests the State's case. He asks whether the stop or search was legal, whether the drugs can really be tied to you, and whether the lab results hold up. A successful motion to suppress can end a case. Strong defense work also gives you leverage when you negotiate for a reduced charge or a first-offender program. As a former prosecutor, he knows what moves the other side.
Barry also began his career interning for Judge Robert Pitre in Jefferson Parish, and he has spent his working life in criminal courts on both sides of the river. Our Kenner office is about 10 to 12 minutes (roughly 5 miles) from Metairie. Call (504) 905-8399 to talk it through.
Next steps after a drug arrest in Metairie
- Do not talk to deputies or investigators about the case without a lawyer.
- Keep your bond papers and note your court date.
- Do not consent to further searches of your phone, car or home.
- Write down how the stop or search happened.
- Call (504) 905-8399. Barry is available 24/7, and the first consultation is free and confidential.
For other charges, visit our Metairie criminal defense and Jefferson Parish pages, or our main drug charges page.