A.J. Hodges, IV - Attorney at Law
A Recognized Leader In Criminal Law And DWI Defense
A Recognized Leader In Criminal Law And DWI Defense

The Knowledge And Experience You Can Trust For All Criminal Cases

How the right to remain silent protects Louisiana drug defendants

On Behalf of | Jun 21, 2025 | Drug Charges

People in Louisiana may end up accused of drug offenses for a number of different reasons. Maybe they have a prescription medication in a personal container instead of the official packaging. Perhaps they are visitors from out of state who don’t understand the strict drug statutes in Louisiana.

Substance abuse disorders, confusion about the law and even being in the wrong place at the wrong time can sometimes lead to drug-related charges for those in Louisiana. People in state custody and accused of breaking the law sometimes make the mistake of trying to talk the issue out with law enforcement professionals.

Those arrested for drug offenses often benefit from making use of their right to remain silent instead of trying to persuade law enforcement officers that no crime has occurred.

Small admissions can have big consequences

While decriminalization of certain drugs has swept across the nation, Louisiana has not followed the trend. In fact, state drug statutes prohibit not just scheduled substances but also analogs and counterfeit substances intended to duplicate prohibited drugs or trick those buying drugs.

Even substances treated with leniency in other states can easily lead to felony drug possession charges or worse in Louisiana. As such, even admitting to possessing a small amount of certain substances could be enough to complicate an individual’s position.

Remaining silent and refusing to answer questions about the drugs that police officers found, personal habits and other details can make all the difference for those facing drug charges. Once people make statements admitting to the use of drugs or otherwise implicating themselves, it may be very difficult to mount a credible defense.

Police officers can potentially ask people leading questions. Even those who avoid outright confessing to drug offenses can make statements that affect their options for fighting their charges. Police officers have to advise people of their Miranda rights for a reason.

Defendants who make use of their right to remain silent and reach out to an attorney as soon as possible have the best chances of successfully responding to pending drug charges. Refusing to speak to officers can reduce the likelihood of a defendant ending up convicted and facing harsh mandatory minimum sentences.