On this page
- Where will a New Orleans drug case be heard?
- Why a former Orleans prosecutor matters in a drug case
- Drug-free zones: why location matters in the city
- Common possession penalties, briefly
- Can you avoid a conviction on a first drug offense?
- How Barry attacks the evidence
- Your first 72 hours after a New Orleans drug arrest
Where will a New Orleans drug case be heard?
State drug charges in New Orleans are heard in Orleans Parish Criminal District Court at 2700 Tulane Avenue. The Orleans Parish District Attorney's Office, at 1340 Poydras Street, decides what charges to file and prosecutes the case.
People held after an arrest are usually taken to the Orleans Justice Center at 2800 Perdido Street. Louisiana law requires a judge appearance within 72 hours, not counting weekends and legal holidays, where bail can be set or reviewed. If the case involves federal agents or federal charges, it moves to federal court instead. See our federal criminal defense page.
Why a former Orleans prosecutor matters in a drug case
Barry spent years inside the Orleans Parish criminal justice system before he became a defense lawyer. He was staff attorney to Orleans Parish Criminal Court Judge Darryl A. Derbigny, and he later served as an Assistant District Attorney in Orleans Parish, trying felony cases as first and second chair prosecutor.
He knows how a drug case is screened, what the State needs to prove possession and which weaknesses make a prosecutor rethink a charge. He also helped rewrite Orleans Criminal Court's expungement procedure, so he plans from the start for clearing your record later. Read more about Barry's background.
Drug-free zones: why location matters in the city
Where an arrest happens can raise the penalty. Louisiana's drug-free zone law applies to distribution or possession with intent to distribute on or within 2,000 feet of places such as a school, a school bus, a day care, a church or religious building, a drug treatment facility, public housing (in some cases only if posted) and state parks.
In a zone, the maximum fine goes up and the prison term can reach 1.5 times the longest term otherwise allowed. In a dense city, many addresses sit near one of these places. Barry checks whether the State can actually prove the distance and the type of location, and whether the zone rules apply to the charge at all.
Common possession penalties, briefly
- Marijuana, 14 grams or less: a fine of up to $100 and no jail, usually by summons.
- Marijuana, over 14 grams (first offense): up to $500 and/or up to 6 months.
- Cocaine, meth or other Schedule II, under 2 grams: up to 2 years and up to $5,000.
- Heroin or fentanyl, under 2 grams: 2 to 4 years.
Weights count the whole mixture, not just the pure drug. Distribution and possession with intent carry far more. Our main drug charges defense page covers the full range.
Can you avoid a conviction on a first drug offense?
Sometimes, yes. Louisiana gives judges ways to keep an eligible first offense from becoming a lasting conviction. Under Article 893, a judge can defer sentence on a first-offense felony and place you on probation. If you finish it, the conviction is set aside and the prosecution dismissed, which has the same effect as an acquittal for most purposes and opens the door to expungement. Article 894 does the same for misdemeanors.
There are limits. Article 893 is not available for drug offenses punishable by more than 10 years, which rules out most distribution charges involving heroin or fentanyl. Drug court is another route under state law, with treatment and supervision. Barry's time helping rewrite Orleans Criminal Court's expungement procedure means he plans the end of your case from the very beginning.
How Barry attacks the evidence
Most drug cases rise or fall on how the evidence was found. Barry starts there.
- The search: Was there a warrant, valid consent or a legal exception? If not, he can move to suppress the drugs.
- Possession: Drugs in a shared car or apartment do not automatically belong to you.
- The lab: What was tested, by whom, and does the weight hold up?
- Intent to distribute: Cash, a scale or baggies do not prove a sale on their own.
Call (504) 905-8399 to have Barry review the police report with you.
Your first 72 hours after a New Orleans drug arrest
- Do not answer police questions without a lawyer. Politely ask for one.
- If someone is in the Orleans Justice Center, call us about the bail hearing.
- Collect any paperwork: arrest register, bond papers or summons.
- Do not discuss the case by phone from jail, since calls can be recorded.
- Call (504) 905-8399 for a free, confidential consultation, available 24/7.
We defend all charges in the city. See our New Orleans criminal defense and Orleans Parish pages.