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Criminal Defense

Over-the-Counter Medications that can Cause a False-Positive for Methamphetamine

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Drug testing has become a commonplace requirement in various aspects of modern life, from employment screenings to compliance with legal and medical guidelines. While these tests are essential for ensuring safety and adherence to regulations, they are not infallible. One significant issue is the occurrence of false positive results, where a test indicates the presence of a drug when it is not actually there. Among the most common types of false positives is methamphetamine. Surprisingly, certain over-the-counter (OTC) medications can lead to false positives for methamphetamine. This article explores these medications and provides guidance on how to verify which medication might be causing the false positive result. Common OTC Medications That Can Cause False Positives Pseudoephedrine and Ephedrine Usage: These are common decongestants found in many cold and allergy medications, such as Sudafed and Actifed. Reason for False Positive: Pseudoephedrine and ephedrine have a chemical structure similar to methamphetamine, which can result in cross-reactivity in drug tests, leading to a false positive. Phenylephrine Usage: Often used as a substitute for pseudoephedrine in decongestants to avoid restrictions on purchase, found in medications like Sudafed PE. Reason for False Positive: Although less common than pseudoephedrine, phenylephrine can still cause false positives due to its similar stimulant properties. Certain Antihistamines Usage: Antihistamines such as diphenhydramine, found in Benadryl, and doxylamine, found in NyQuil, are used to treat allergy symptoms and insomnia. Reason for False Positive: These substances can sometimes interfere with the assays used in drug testing, leading to false positives for methamphetamine. Labetalol Usage: This is a medication used to treat high blood pressure. Reason for False Positive: Labetalol can be metabolized into a substance that can be mistaken for methamphetamine in certain drug tests. Phentermine Usage: A prescription medication used for weight loss, available in some OTC supplements. Reason for False Positive: Phentermine is chemically similar to amphetamine and methamphetamine, which can lead to a false positive result. Confirming and Addressing False Positive Results If you receive a false positive result for methamphetamine, it is crucial to verify the result to avoid unwarranted consequences. Here are steps to take: Disclose All Medications: Inform the testing administrator about all OTC and prescription medications you are taking. This can help interpret the test results more accurately. Request a Confirmation Test: Most initial drug screenings use immunoassay tests, which are prone to false positives. Request a confirmation test using more precise methods, such as gas chromatography-mass spectrometry (GC-MS) or high-performance liquid chromatography (HPLC). These tests are more specific and can differentiate between methamphetamine and similar substances. Review the Testing Procedure: Ensure that the testing facility follows proper procedures to avoid contamination or errors. Inaccurate handling or labeling can also lead to false positives. Consult with a Medical Professional: A healthcare provider can assist in reviewing the test results and may provide a medical review officer (MRO) to interpret the results in the context of your medical history and medications. Keep Documentation: Maintain a record of all medications you are taking, including OTC drugs, prescriptions, and supplements. This documentation can be vital in explaining a false positive result. Use a Different Testing Method: If false positives persist, consider using a different drug testing method that is less prone to cross-reactivity with common medications. Conclusion False positive drug test results for methamphetamine can have significant repercussions, from job loss to legal issues. Understanding that certain OTC medications can cause these false positives is crucial for mitigating such risks. Pseudoephedrine, phenylephrine, certain antihistamines, labetalol, and phentermine are some common culprits. By being proactive—disclosing all medications, requesting confirmation tests, reviewing testing procedures, consulting medical professionals, and keeping thorough documentation—you can better manage and potentially avoid the adverse effects of a false positive result. The Baton Rouge criminal defense attorneys at Big River Trial Attorneys help people who are fighting drug charges and other types of criminal accusations. If you are dealing with a drug charge in the Baton Rouge area, give us a call at (225) 963-9638 to schedule a consultation.

Criminal Defense

Suspended and Deferred Sentences in Louisiana

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Suspended And Deferred Sentences In Louisiana A misdemeanor or a felony conviction on your record may pose serious disadvantages in a person’s life since a conviction would show on any background check conducted in your name. Generally, a conviction can limit an individual’s ability to obtain specific licenses, job eligibility, housing opportunities, or receive public assistance. As unfortunate as it is, convictions are often associated with a particular social stigma. Therefore, it may be valuable for an individual to have their misdemeanor, felony, or DUI/DWI conviction deferred or suspended and possibly eventually get dismissed, if possible, under Articles 893 and 894. What Is The Louisiana Criminal Procedure Article 893? The Louisiana Criminal Procedure Article 893 applies only to first-time felony convictions. Under this Article, a felony defendant who plead guilty can have their conviction set aside and dismissed to avoid prison time. Instead of serving time in prison, a person convicted of a felony will be placed under the supervision of parole and probation for at least one year but no more than three years, except for the programs discussed below. Are There Exceptions To The Three-Year Limit Of Probation Under Article 893? Yes, There Are. An exception to the three-year limit is if the court determined that the successful completion of one of the programs listed below may require a period of probation that exceeds the three-year limit but no longer than eight years. Drug division of the district court Established driving while intoxicated court or sobriety court program Mental Health Court Program Veterans Court Program Re-entry Court Program Swift and Certain Probation Pilot Program Another exception is if the defendant has failed to complete the terms and conditions of their probation. In such circumstances, the court may extend the probation period if it does not exceed two years. Who Is Eligible To Get A Felony Conviction Suspended Or Deferred Under Article 893? Under Article 893, Only Non-Violent Felony And Non-Capital Felony Charges Are Eligible To Be Deferred Or Suspended. Moreover, only first-time felony convictions are allowed to be suspended or deferred under Article 893. This means that if you have a previous felony conviction, you would be deemed ineligible to get your current felony conviction deferred or suspended. Is There A Limit To How Often A Defendant Can Use Article 893? Yes, There Is. Under Article 893, an individual can have their felony charges suspended or deferred only once. What Is Article 894 For Misdemeanors And DUI/DWI In Louisiana? Under the Louisiana Criminal Procedure Article 894, an individual charged with a DWI/DUI or misdemeanor, with certain exceptions, could get their conviction dismissed by pleading guilty to the charge and completing the conditions of their probation. Article 894 also allows the individual to forgo serving time in jail by agreeing to be under probation. However, it is essential to note that the judge may deny the application of Article 894 if the individual gets re-arrested, convicted of any charge during probation, or fails to complete the probation order. The individual may also be ordered to pay all restitution and comply with the other terms of the probation imposed on them. On the other hand, if the defendant has completed the probation according to the court’s order, then the judge would grant the applicatio Who Is Eligible To Have A Misdemeanor Or DWI/DUI Convictions Deferred Or Suspended Under Article 894? Generally, most misdemeanor charges and DUI/DWI convictions are eligible to be deferred or suspended under Article 894. However, the following exceptions are deemed to be ineligible: Criminal neglect of family Stalking Domestic abuse battery Sex offenses Who Decides If An Individual Will Get To Apply Article 894 On Their Charges? As noted above, most misdemeanor and DWI/DUI charges are eligible under Article 894. However, being qualified is not a guarantee that gets the court to apply Article 894. Instead, the application of Article 894 in a misdemeanor or DWI/DUI charge is solely based on the judge’s discretion. After all, no existing law in Louisiana requires a judge to apply Article 894. In deciding whether to apply Article 894 in a specific case, the judge uses various factors, which may include, but are not limited to, the nature of the crime, facts and circumstances surrounding the charge, or whether the defendant has previous or pending arrests and convictions. Are There Limits To Using Article 894 For Misdemeanors And DUI/DWI Charges? Yes, There Are Limits To Applying Article 894. Generally, a person is limited to getting their misdemeanor convictions deferred or suspended under Article 894 once every five years. In comparison, Article 894 can only be applied to DUI/DWI convictions every ten years. Can These Charges Be Dismissed After The Probation Period Under Article 893 Or 894? It Is Possible. Upon completing their probation, the court may set aside a conviction and dismiss the individual’s charges. A misdemeanor, DUI/DWI, or felony charge can severely affect an individual’s life. Thus, it is vital to apply the benefits of getting misdemeanor, DUI/DWI, or felony charges deferred or suspended under Articles 893 or 894. If you or your loved one is involved in a misdemeanor, DUI/DWI, or felony charge, you should speak with an experienced criminal defense attorney to see if requesting relief under Article 893 or 894 will be possible in your case. You can call (225) 963-9638, or you can click here to contact us for a free consultation. Our highly experienced criminal lawyers can help you assess your case and represent your interests.

Criminal Defense

Schedule I Drug Charges in Louisiana

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Schedule I Drug Charges In Louisiana Today we’re going to be talking about a schedule 1 charge in Louisiana. So in Louisiana there are five drug schedules. These are found at Louisiana Revised Statute 40:963 and there’s a link in the description. This video is about possession and possession with intent a schedule 1. Now the list of schedules are found at Louisiana Revised Statute 40:964. We also have a link to that in the description. Schedule ones typically include things like opiates, opium derivatives, hallucinogenics. depressants, stimulants. The most common schedule 1 charges we see are Heroin, MDMA or Ecstasy, LSD or Acid, Marijuana and THC whether synthetic or natural. The criteria for something to be a schedule 1 is that there is a high probability of abuse, there’s no accepted medical use, and there’s a lack of safety protocol for use with medical supervision. Now determining the sentence that you might be looking at can be pretty complex It depends on the amount of the drug and the type of the drug. Penalties for different schedule 1 charges are found at Louisiana Revised Statute 40:966 and we have a link in the description. Talking about are some examples of the sentences on a first conviction of a possession of less than 14 grams of marijuana, it’s a $100 fine. A second conviction of less than 14 grams of marijuana is a fine of up to a $1,000 and up to six months in jail. A first conviction of 14 grams or more of marijuana is up to six months in jail and a $500 fine. Now a conviction for up to two and a half pounds of Marijuana, THC, or any synthetics is one to ten years in jail and up to a $50,000 fine. Now contrast that with say like Heroin. Heroin is also a schedule 1 but a conviction of less than 28 grams of Heroin is one to ten years in jail and a fine of up to $50,000. These are just a few examples we’re not covering the entire list this video would take way too long. But if you want to determine the sentence that you might be facing you should check the statutes listed in the description. Now of course there are defenses. Marijuana is actually now prescribed for some medicinal uses and that that is something that’s very in flux in this country right now and it’s also in flux in Louisiana. There are other defenses that maybe the amount is actually less than what the police officer put in the report. Maybe the lab test came back and it wasn’t the drug that they say it was. Or you know maybe it wasn’t yours. Maybe it was found in a vehicle with three or four people in the vehicle and it didn’t belong to you. So the types of defenses that you might have, and the actual sentence that you might be facing are all things that you should discuss with the best criminal defense lawyer that you can find. Link To Louisiana Revised Statute 40:963: Http://Legis.La.Gov/Legis/Law.Aspx?D=98876 Link To Louisiana Revised Statute 40:964: Http://Legis.La.Gov/Legis/Law.Aspx?D=98877 Link To Louisiana Revised Statute 40:966: Http://Legis.La.Gov/Legis/Law.Aspx?D=98880

Criminal Defense

All About Louisiana Drug Court Programs

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All About Louisiana Drug Court Programs According to the Bureau of Justice report in 2017, an estimated 21% of incarcerated individuals in state and local jails are sentenced for crimes related to obtaining drugs or money for drugs; while over 40% of people incarcerated for property crimes and 14% of people incarcerated for violent crimes stems from drug-related reasons. According to data from the Louisiana Department of Public Safety and Corrections, as of October 2000 total prison population was 35,998, of which over 30 percent are incarcerated for drug-related crimes. Although it is not further determined the exact nature of the drug-related crimes for this data, it is noted in the report that a significant number of the 30 percent population are for charges that often have a root cause in drug abuse or distribution. Given these high numbers of drug and alcohol-related crimes, the Louisiana legislature has created the Drug Diversion Probation Program, commonly referred to as Drug Court. Under the statute, district courts operate and provide for drug and alcohol treatment programs through drug diversions. Essentially, the drug court’s goal is curtailing crimes attributed to drugs and alcohol. Thus, they created the Drug Diversion Probation Program to implement the legislature’s purposes. Who Are Eligible To Participate In The Drug Diversion Probation Program? For a defendant to be eligible for the drug diversion probation program, they must satisfy the following criteria: The defendant must not have any prior felony convictions for any offenses classified as a crime of violence; The defendant’s current charge cannot be a crime of violence, including domestic violence; driving under the influence of alcohol or any drugs that have resulted in the death of a person; or multiple counts of distribution, possession with intent to distribute, production, manufacture, or cultivation of dangerous controlled substances; The defendant must not have any other pending criminal proceedings that involve the commission of a crime of violence; If the defendant has a record of one or more felonies, then the defendant must not have been convicted of aggravated burglary or simple burglary of an inhabited dwelling; However, eligibility based on the criteria above is not sufficient to get into the drug diversion probation program. As discussed below, the judge decides whether a defendant can be accepted to the program. Who Makes The Final Determination If The Defendant Is Eligible To Participate In The Drug Diversion Probation Program? The judge decides whether the defendant is eligible to participate in the drug diversion probation program. To make a proper determination on the suitability of the defendant for the drug diversion probation program, the judge would assess numerous factors, including the recommendations of the district attorney and the defense counsel, the Examiner’s report, and other relevant information, including but not limited to: Nature of the crime charged and the circumstances involved in the crime; Whether the defendant is a first-time offender of a crime related to alcohol or drug-related offense, if the defendant has previously participated in the same or similar program, and whether they have shown any degree of success in the previous treatment program; The probability that the defendant will willfully participate and benefit from the program; Whether the program is appropriate to meet the needs of the defendant; Impact on the community of the defendant’s probation and treatment; Recommendations, if any, of the involved law enforcement agency or victim; Likelihood of obtaining restitution from the defendant throughout their probation; If there are any mitigating circumstances; Other circumstances that are reasonably related to the defendant’s case. The judge shall state their reasons for the record if they decide to reject the defendant from participating in the drug diversion probation program. What Criteria Does The District Attorney Use To Make Their Recommendation? As mentioned above, the district attorney recommends whether a defendant is deemed eligible to participate in the program to the court. The criteria used by the district attorney to determine whether they would recommend a defendant to be admitted to the drug diversion probation program are as follows: If the defendant is charged with using and possessing any narcotic drugs, coca leaves, marijuana, stimulants, depressants, hallucinogenic drugs, or significant association with alcohol or drug use, or both; If the district attorney has a reason to believe that the defendant suffers from alcohol or drug addiction, or both; and If the district attorney believes that it is in the best interest of the community and justice to provide the defendant with treatment to their addition instead of incarceration or other sanctions. What Is The Examiner’s Report, And What Does It Entail? As stated above, the judge uses an Examiner’s Report to determine whether a defendant is eligible to participate in the drug diversion probation program. The Examiner’s report is ordered by the court and is conducted by one of the court’s designated licensed treatment programs. These treatment programs are certified and approved by the State of Louisiana, and they have experience working with criminal justice clients suffering from alcohol or drug-related addictions. The report examines the defendant using standardized testing and evaluation protocols to assess whether the defendant is an eligible candidate for a treatment program. Generally, only defendants determined by the report to suffer from alcoholism or drug addiction, or both, or if they are in danger of developing alcohol or drug dependency and likely to be rehabilitated through treatment, can be considered for treatment. In addition, the Examiner may request the following information from the defendant and use these as part of their recommendation: Any prior criminal charges Educational, working or training background Family history, including their residence or ties in the community Medical and mental history, including treatments Any other information that is reasonably related to determining the treatment program’s success. In addition to the defendant’s eligibility, the Examiner’s Report would include a recommendation to the court of the level of care and length of stay for the defendant. The report’s recommendation will be forwarded to the court and the district attorney. Does The Defendant Waive

Criminal Defense

All About Pre-Trial Intervention Programs

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Being arrested and accused of a crime does not necessarily mean you will have a criminal conviction on your record. One way to avoid having a criminal conviction is to beat your case at trial. Another way to avoid having a criminal conviction on you record is to enter into a pretrial diversion program that may be offered through the local District Attorney’s Office. However, getting into one of these programs is not automatic. Different parishes have different rules about who gets accepted and the program conditions vary from parish to parish. What is the Pretrial Diversion Program or Pretrial Intervention (PTI)? The pretrial diversion program is also known as pretrial intervention or DA probation. This program allows first-time offenders of non-violent charges to get their charges dismissed and avoid serving jail or prison time in exchange for either: Agreeing with the prosecutor or DA’s office to pay a fine, take some classes, perhaps do community service, and the charges get dismissed; or Enroll in the program and get the charges dismissed The ultimate goal of the pretrial diversion program is to keep first-time non-violent offenders out of the criminal justice system by diverting them to get the rehabilitation treatment they need to prevent them from committing future criminal charges. Does the Defendant Have to Plead Guilty To Participate in the Pretrial Diversion Program? No, the defendant would not have to plead guilty to be admitted to the pretrial diversion program. Who is Eligible for the Pretrial Diversion Program? However, the specific conditions that a defendant must meet to gain eligibility for the pretrial diversion program are as follows: The charge is a non-violent offense. The defendant has no prior felony convictions. The defendant does not have any or more than one prior misdemeanor conviction, of which the misdemeanor conviction must not be a violent crime or drug-related or was not an original felony charge that is reduced to a misdemeanor. The current charge is not the same as the initial misdemeanor charge. The defendant has not previously completed the pretrial diversion program. The defendant has not previously been terminated or rejected from the pretrial diversion program. An exception is if the defendant was dismissed from the program because they could not be located due to miscommunication. The defendant has no outstanding warrants or charges. The victim has approved the defendant’s admission to the pretrial diversion program. Are Eligible Defendants Automatically Offered to Participate in the Pretrial Diversion Program? No. The defendant has no absolute right to get offered or be admitted to the pretrial diversion program even if they are eligible. Instead, it is solely up to the prosecutor’s office to provide a defendant an opportunity to participate in the program. The prosecutor evaluates each case individually and assesses numerous factors to determine whether they could extend an offer to the defendant to be admitted to the pretrial diversion program. Some of the factors that the prosecutor may use to evaluate the defendant may include but are not limited to the nature of the crime, any mitigating factors, any prior offenses or criminal history, and the surrounding facts of the case. Since a defendant could not automatically be offered to participate in the pretrial diversion program, it is valuable to have a reputable and highly experienced criminal attorney to appeal the defendant’s interest to the prosecutor. How Long is the Pretrial Diversion Program? Generally, the length of the program lasts between six months to a year. However, the total length of the pretrial diversion program highly depends on the nature of the crime charged to the defendant. Are There Any Costs for Participating in the Pretrial Diversion Program? Yes, there are costs associated with participating in the pretrial diversion program, and the defendant must bear these costs. However, if the defendant could prove that they are indigent, then the prosecutor would modify the charges associated with the pretrial diversion program. How Much Does It Cost to Participate in the Pretrial Diversion Program? The general costs charged to the defendant to enter the pretrial diversion program are as follows: For non-drug-related charges, there is an administration supervision fee of $30 per month, a $35 fee for random drug testing, charges for classes or services the defendant must attend, and any restitution owed. Moreover, there is a $200 enrollment fee for misdemeanors plus $50 for each additional charge and a $100 evaluation charge. There is a $400 enrollment fee for felonies, plus $50 for each additional charge and a $250 evaluation charge. For drug-related charges, there is a minimum fee of $35 for the required random drug screening and charges for any classes and services required of the defendant. Specifically for misdemeanor charges, there is a $500 enrollment fee and a $250 drug evaluation fee, whereas there is a $1,000 enrollment fee and a $375 drug evaluation fee for felony charges. For DUI/DWI charges, there is a $1,000 enrollment fee, fees for the required alcohol screening and monitoring, charges for any required services or classes imposed on the defendant, and a $30 monthly administrative fee. Participating in the pretrial diversion program provides a valuable opportunity for a defendant. However, having the chance to be admitted to this program may be difficult since it is strictly up to the prosecutor of the case. Thus, availing of the legal guidance and representation by a reputable criminal lawyer may provide valuable assistance to your cause as they can negotiate with the prosecutor and present reasons that you may be a good candidate for the program. If you or your loved one has been accused of a charge, and would like to know about the chances of getting into a pretrial diversion program, please call (225) 963-9638, or you can click here to contact us for a free consultation. Our highly experienced criminal lawyers can help you assess your case and represent your interests.

Criminal Defense

Robbery Charges in Louisiana

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Robbery Charges In Louisiana Attorney Rusty Messer coming to you today from Baton Rouge Louisiana. Today we are going to talk about the four types of robbery in Louisiana. What Is A Robbery Charge In The State Of Louisiana? All Robbery Charges in Louisiana are crimes of violence and that is very important because being convicted of a crime of violence affects how you get good time credit and it also affects where you actually do your time. There Are Four Types Of Robbery Charges The First Type Is Simple Robbery Simple Robbery is the taking of something of value from another with the use of force or violence. The sentence for Simple Robbery is 0 to 7 years. The Second Type Is 1st Degree Robbery First Degree Robbery involves the taking of something from another with the use of force or violence when the person believes that you were armed with a dangerous weapon. You don’t have to actually be armed with a dangerous weapon. It matters if the person reasonably believes you are armed with the dangerous weapon. The sentence for First Degree Robbery is 3 to 40 years. The Next Is 2nd Degree Robbery Second Degree Robbery involves taking something from another when there is serious bodily injury to the victim. The sentence for Second Degree Robbery is also 3 to 40 years. The Last Type Is Armed Robbery Armed Robbery is the taking of something of value from another with the use of force or violence when you are armed with a dangerous weapon. Armed Robbery in Louisiana carries the sentence of 10 to 99 years but there is also an enhancement on Armed Robbery, if the weapon is a firearm, there is an additional 5 years sentence added to the sentence. If you or a loved one are accused of any robbery offense in Louisiana you should speak with an experienced criminal attorney. Please feel free to give us a call (225) 963-9638 or you can go to our website at www.messerfirm.com

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