Possession of <1 gram of marijuana (New Orleans, LA)

[fallendarkness]

What is the name of your state (only U.S. law)? Louisiana (New Orleans)

Hi, I'm a 19 y/o African American college student who was in New Orleans for the summer. I was recently busted by police with less than a gram of marijuana and paraphernalia, however, they said they'd only count the weed, and issued a court summons for this Wednesday for possession. I've never been arrested before so I'm not sure what to expect or do in terms of lawyers, municipal court, juries, etc. Does anyone know how these cases are typically handled (charges, etc)? And should I be trying to get a lawyer? I really can't afford one to be truly honest.Any guidance would be greatly appreciated. Thank-you all so much for your help

 

[justalayman]

I'm African American

and that is relevant why? Are you suggesting that it makes any difference in either why you received a citation or how you deal with the situation? I am so confused as to why somebody would make an effort to identify themselves as black, white, or green when it makes absolutely no difference. I see it as an attempt to involve an issue that simply is not an issue.

was there a specific charge or state statute (code) listed on the citation?

 

[xylene]

and that is relevant why?

Louisiana.

Ever been there?

It's relevant.

 

[TheGeekess]

Louisiana.

Ever been there?

It's relevant.

No more relevant than if it had been in NYC or Chicago.

 

[OHRoadwarrior]

Stop buying illegal drugs and use the money to pay for a lawyer.

 

[fallendarkness]

and that is relevant why? Are you suggesting that it makes any difference in either why you received a citation or how you deal with the situation? I am so confused as to why somebody would make an effort to identify themselves as black, white, or green when it makes absolutely no difference. I see it as an attempt to involve an issue that simply is not an issue.

was there a specific charge or state statute (code) listed on the citation?

err...kinda hard to tell (not written very clearly) :/

 

[swalsh411]

I see it as an attempt to involve an issue that simply is not an issue.

What planet do you live on?

For many minorities, perception of injustice because of their skin color is engrained in their psyche. Now whether or not there was actually any racism here is unknown, but to the OP, being black is very relevant. (at least to him).

 

[justalayman]

being black is very relevant. (at least to him).

exactly my point.

while I will not suggest our country is without prejudice and racism, if there is nothing to suggest racism was pertinent, making the statement as the OP did simply suggests that they believe they should receive special treatment because of their race. That is one reason racism and prejudice proliferate.

That also desensitizes the general populace to valid claims of racism and prejudice. It harms those that are truly injured by the practices. It, in the most simple terms, is nothing more than the boy that cried wolf too many times.

Everybody needs to stop making an issue when there is no issue. Of course, if being black played a role in the issue, by all means, make mention of it but if there is nothing to even suggest it had anything to do with the issue, leave it alone and focus on the actual issue at hand.

 

[Ohiogal]

Get a consult with legal counsel. If you are facing jail of six months or more ask for counsel to be appointed for you. If you receive Federal Student aid, be aware that drug convictions (or guilty pleas) CAN interfere with your ability to receive student aid. Whether yours would, I do not know.

 

[Tresha91203]

No more relevant than if it had been in NYC or Chicago.

The NOPD is currently getting some serious flack over recently released Justice Dept reports. Things like:

Especially young people. In 2009, the Justice Department said, the Police Department arrested 500 black boys for serious crimes and only eight white ones. The report called the disparity "so severe and so divergent from nationally reported data that it cannot plausibly be attributed entirely to the underlying rates at which these youth commit crimes."

and

"As this newspaper's 'Louisiana Incarcerated' series revealed last week, one in 14 black men from New Orleans is behind bars, and one in seven is either in prison, on parole or on probation. About 5,000 black men from New Orleans are serving time in state prison compared to only 400 white men."

I'm about and hour SW of NO and we hear about it constantly. After Katrina, NO statistics are way off. The very poor could not afford to start over somewhere else and returned to NO when their federal relief ran out. The rebuilding was not nearly complete, much of that population was not able or interested in employment, and crime skyrocketed. NO was a high crime area before, but it seemed to explode. Federal and other investigative reports seem to show the NO police quick to temper, loose with rules and targetting young black males (although plenty a coonass is equally as poor, has and uses illegal guns, drugs and loads of alcohol). From what I see and hear, it DOES seem to be the criminals who are being targetted, so I have no sympathy for them. But, the numbers are so lopsided that I believe a lot of Boudreaux's (akin to a Bubba) get away with something they clearly would not have if they were black.

The quotes are from Jarvis DeBerry of the Times Picayune (Black, white arrest disparities don't reflect reality: Jarvis DeBerry)

Not sure if it is relevant in general, but I don't believe it is a misperception.

 

[justalayman]

Tresha91203;3081206]The NOPD is currently getting some serious flack over recently released Justice Dept reports. Things like:

Especially young people. In 2009, the Justice Departme

Not sure if it is relevant in general, but I don't believe it is a misperception.

even if all of that is true and without justification, that does not change the situation the OP is faced with. Do you expect him to go into court and say:

well you Honor, there is a huge disparity between arrests of blacks and whites in this city. Due to that, there is a huge disparity between the number of black prisoners and white prisoners in our jails and prisons. Due to that, I ask you release me simply because I am black. If you don't, it obviously proves you are racist.



If you committed a crime, then you committed a crime. Being black is not a defense to committing a crime. The OP has not even suggested there was racial profiling involved. He simply made the irrelevant statement; I am African American.

If he believes there was some illegal action by the police, based on race or any other reason, then he needs to say so. It can be addressed but so far, it was nothing more than a statement of his race with no purpose.

 

[fallendarkness]

even if all of that is true and without justification, that does not change the situation the OP is faced with. Do you expect him to go into court and say:

well you Honor, there is a huge disparity between arrests of blacks and whites in this city. Due to that, there is a huge disparity between the number of black prisoners and white prisoners in our jails and prisons. Due to that, I ask you release me simply because I am black. If you don't, it obviously proves you are racist.



If you committed a crime, then you committed a crime. Being black is not a defense to committing a crime. The OP has not even suggested there was racial profiling involved. He simply made the irrelevant statement; I am African American.

If he believes there was some illegal action by the police, based on race or any other reason, then he needs to say so. It can be addressed but so far, it was nothing more than a statement of his race with no purpose.

YES! I'm not even sure why I mentioned it. Force of habit for descriptions? I wasn't implying any kind of discrimination. It had no purpose.
However, everything else did. Including the part about needing some guidance. Any would be appreciated

 

[justalayman]

E. Possession of marijuana, or synthetic cannabinoids. (1) Except as provided in Subsections E and F of this Section, on a first conviction for violation of Subsection C of this Section with regard to marijuana, tetrahydrocannabinol, or chemical derivatives thereof, or synthetic cannabinoids the offender shall be fined not more than five hundred dollars, imprisoned in the parish jail for not more than six months, or both.

I cannot find any statute that addresses possession differently for a minimal amount of the drug. Since they apparently take their laws extremely seriously, I would strongly suggest you start looking for a lawyer. If you cannot afford one, you can apply for a public defender.


different courts do things differently. I am not familiar with La courts so this is going to be some general info.


you will likely get to be presented to a judge who will ask for a plea. Some courts ask defendants, prior to facing the judge, if they want a lawyer or wish to apply for a public defender. If asked, say YES!!!! and follow what they tell you.

You should not admit to guilt unless you just want to take whatever punishment they decide to throw at you. Generally not a good idea. So, when asked, you would plead; not guilty. That allows the process to be set in motion where you can confer with a lawyer and attempt to minimize the penalties or, maybe even get off altogether, depending on the circumstances of the situation.

 

[xylene]

No more relevant than if it had been in NYC or Chicago.

Pointing out other places with institutionalized police racial problems WEAKENS your argument.

I think you thought the opposite, not sure why.

 

[fallendarkness]

I cannot find any statute that addresses possession differently for a minimal amount of the drug. Since they apparently take their laws extremely seriously, I would strongly suggest you start looking for a lawyer. If you cannot afford one, you can apply for a public defender.


different courts do things differently. I am not familiar with La courts so this is going to be some general info.


you will likely get to be presented to a judge who will ask for a plea. Some courts ask defendants, prior to facing the judge, if they want a lawyer or wish to apply for a public defender. If asked, say YES!!!! and follow what they tell you.

You should not admit to guilt unless you just want to take whatever punishment they decide to throw at you. Generally not a good idea. So, when asked, you would plead; not guilty. That allows the process to be set in motion where you can confer with a lawyer and attempt to minimize the penalties or, maybe even get off altogether, depending on the circumstances of the situation.

so i guess i should be praying for dear life i can get a public defender, right?