A possession charge is not a conviction, and it is often more beatable than it looks. Drug cases turn on how the police found what they found. If the stop or the search was not lawful, the evidence can be thrown out, and the case can fall apart with it. Before you plead to anything, let us look at how they got it.
A drug charge in Lafayette can range from a summons for a small amount of marijuana to a felony that carries years in prison. Charges are brought by the Lafayette Police Department, the Lafayette Parish Sheriff, or State Police, and where the case goes depends on the substance and the amount. Misdemeanor possession is heard in Lafayette City Court. Felony possession moves to the 15th Judicial District Court.
The Law Office of Heather C. Ford defends drug possession cases throughout Acadiana, and in many of them the fight is over the search itself.
The charge and the penalty depend on the substance and the weight. The table below reflects current Louisiana law under RS 40:966 and RS 40:967, as general information, not a prediction about your case.
| Substance and amount | Charge | Penalty (general) |
| Marijuana, 14 grams or less (first offense) | Misdemeanor, by summons | Fine up to $100, no jail. |
| Marijuana, more than 14 grams | Misdemeanor (felony on repeat offenses) | Up to 6 months and up to $500, escalating with priors. |
| Drug paraphernalia | Misdemeanor | Up to 6 months in jail and a fine. |
| Schedule II (cocaine, meth), under 2 grams | Felony | Up to 2 years, up to $5,000. |
| Schedule II, 2 to 28 grams | Felony | 1 to 5 years, up to $5,000. |
| Schedule I (heroin), under 2 grams | Felony | 2 to 4 years. |
Amounts of 28 grams or more, or any evidence of scales, baggies, or cash, can push a case from simple possession to possession with intent to distribute, which is far more serious. If that is what you are facing, the strategy changes and the stakes go up.
This distinction controls everything. Misdemeanor possession, mainly small-amount marijuana and paraphernalia, is handled at Lafayette City Court and carries up to six months. Felony possession, which includes cocaine, methamphetamine, heroin, and larger amounts, is handled at the 15th JDC and carries prison time and a felony record. Part of our early work is making sure a case is charged and treated at the right level, and pushing back where the state overreaches.
Most drug cases are won or lost on the Fourth Amendment, not on the drugs. The police have to follow the rules when they stop you, detain you, and search you or your car, and often they do not.
When a search does not hold up, we move to suppress the evidence. If that motion succeeds, the state often has nothing left, and the charge is dismissed.
For many people, especially first-time offenders, the right outcome is treatment and a clean record, not a felony. Lafayette offers paths that we push for where they fit.
A drug conviction, and especially a felony, reaches far beyond the sentence. It can cost you a job, a professional license, student financial aid, housing, and, for a felony, your right to own a firearm and to vote while incarcerated. That long tail is exactly why it is worth fighting the charge now rather than accepting a quick plea that feels easy today.
We start with the search, because that is where these cases are usually decided, and we examine whether the state can actually tie the substance to you. From there we push for suppression, dismissal, a reduction, or a treatment-based resolution that keeps a conviction off your record. You can also read about our drug possession defense more generally.
Beat the charge where the search was bad by moving to suppress the evidence.
Keep a felony off your record through diversion, drug court, or expungement where they fit.
Protect your job and your options by fighting now instead of taking a quick plea.
Before you plead to anything, let us look at how the police built their case. Call or text the Law Office of Heather C. Ford for a free, confidential consultation. Learn more about our Lafayette criminal defense and the courts we serve.
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Between myself and my family, we keep Heather busy! She is very professional and knowledgeable. I have spent a lot of money and ruined my driving record paying off speeding tickets but when I found Heather, I found that she is the best
My experience with the Law Office of Heather C. Ford was outstanding. I would recommend this team to anyone that has received a traffic ticket in the metro New Orleans area....
I found Heather online after searching for a traffic lawyer. Since I am not from the area, I was not 100% sure but went with my gut after reading the positive comments. And I was right! I am really pleased with Heather Ford's...
I was thrilled when Heather was able to get my ticket reduced to a non-moving violation and the judge waived fees. I never thought that was possible. I was certain I'd have to pay something. She's great...
Ms. Ford is all that I could ask for in an advocate.
My experience has been as pleasurable as can be expected when you need a lawyer.
Recreational marijuana is not legal. Small amounts have been decriminalized, so a first offense for 14 grams or less is a summons and a fine of up to $100 with no jail, but it is still an offense, and larger amounts and repeat offenses carry real penalties.
Yes. Many drug cases turn on whether the stop and search were legal. If they were not, we can move to suppress the evidence, and if that succeeds the state often has no case left.
Small-amount marijuana and paraphernalia are usually misdemeanors handled in Lafayette City Court. Cocaine, methamphetamine, heroin, and larger amounts are felonies handled at the 15th JDC. The substance and the weight decide it.
The 15th JDC runs an Adult Drug Court that offers treatment and supervision instead of jail for qualifying cases. For the right client it can mean recovery and a better outcome than a conviction. We will tell you whether you may qualify.
Not automatically. The state has to prove the drugs were actually yours, not just that you were near them. Shared or borrowed spaces create real defenses.
It can. Drug convictions, especially felonies, affect employment, professional licenses, financial aid, housing, and gun rights. That is why fighting the charge matters.
We quote a flat fee up front during a free, confidential consultation.
