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Louisiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: i go to trial against my ex he commited the assault on accident how can i get them to dismiss the charges

they charged him with aggravated domestic abuse battery but they don't wanna hear that he didn't intentionally hurt me and it wasn't physical assault i did call law enforcement because upon breathing in the pest killer Raid i couldnt breathe but upon law enforcement arrival they said... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Louisiana, if you're seeking to have charges against your ex dismissed in a case of alleged aggravated domestic abuse battery, it's important to understand that the decision to prosecute lies primarily with the district attorney's office, not with the victim. If you believe the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Q: My vehicle was stolen on November 21st, on the 23rd the thief brought it to a scrap yard and got $150. I had a sale for

$4000. Thief only gave an id. It was nice, what can I do about this. Tags were new on the Jeep. Please get back to me. Also Jeep was insured, libility only.

Sincerely,

James L. Arrasmith
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answered on Dec 1, 2023

Good morning, Kathy,

In your situation, where your vehicle was stolen and then scrapped, there are several steps you can take. First, it's crucial to report the theft to the police immediately if you haven't already. Provide them with all the details, including the information...
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1 Answer | Asked in Small Claims, Contracts and Criminal Law for Louisiana on
Q: Did a title loan with a friend and they ended up stealing my car.

Did a title loan with a friend and they ended up stealing my car.

I did a title loan with a friend of mine of 20 years. I borrowed 2900 with the promise of paying back $3,900 within 21 days. My car is worth $40,000.00. We wrote up a agreement and had a witness sign it on day 20 he showed up... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, it's important to take immediate action. First, review the agreement you made with your friend. This document will be critical in determining your next steps. If the terms have been altered without your consent, or if there's any evidence of deceit or fraud, this can... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Louisiana on
Q: What is disposition of "Pass without date" on a 1969 charge in LA and then accused hears nothing more about charge?

I am trying to apply for TSA PreCheck but they need more info about an open charge. In 1969 during a student protest in Baton Rouge, LA, I was arrested and charged, along with 10+ other students with a criminal charge. We were defended by the ACLU, I believe. However, after receiving the records... View More

James L. Arrasmith
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answered on Nov 18, 2023

In Louisiana, the notation "Pass without date" in a court case typically indicates that the case was postponed indefinitely. This can happen for various reasons, such as a lack of evidence, a decision not to prosecute, or other administrative reasons. However, without a specific dismissal... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Municipal Law for Louisiana on
Q: Can city police officers and detectives go outside of city limits to conduct a search and arrest without any parish cops

A crime was committed inside city limits by someone who lives outside of city limits. Can the city police go out of city limits and conduct a search and seizer and arrest without a parish sheriff's officer present . Now the person being accused lives 10 miles from the city limits. Different... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Louisiana, city police officers typically have jurisdiction within their own city limits. However, they can conduct investigations and make arrests outside of their city under certain circumstances. For a crime committed within their city, if the suspect resides outside the city limits, city... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Identity Theft for Louisiana on
Q: i need legal help

i believe someone has stolen my identity and has all my communications and internet blocked and t they are also putting pics and possible video to various sites. also i believe that they have been trying to harm me intoxicating me. i dont know the reason yet but im working on it. idont know what to... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Louisiana, if you suspect identity theft and are experiencing blocked communications, it's essential to take immediate action. Start by trying to contact your parole officer through alternative means, such as visiting their office in person, to explain the situation.

For the...
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1 Answer | Asked in Criminal Law and Family Law for Louisiana on
Q: Can I live with my mom and 4 year old son if I have a indecent behavior charge in louisiana
James L. Arrasmith
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answered on Nov 9, 2023

If you are facing a charge of indecent behavior in Louisiana, your ability to reside with minors, including your own children, could be impacted depending on the conditions of your bail, the terms of any protective orders, or the restrictions imposed by child protective services or the court.... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: I was pull over edge a week ago went to jail for tickets out next day my truck was impounded I had a truck full of coppe

Went to get truck and copper out of impounded det said have truck next day but held copper said he was investigating it to see if stolen its not how long till I can get copper back no charges filed on me how long till I can get cop

James L. Arrasmith
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answered on Nov 8, 2023

If the police are holding your property for investigation, there is no set timeframe for its return—it varies depending on the complexity of the investigation and the legal process. However, if no charges have been filed against you, you can inquire about the status of the investigation and... View More

1 Answer | Asked in Criminal Law, Immigration Law and International Law for Louisiana on
Q: Do i have to declare my two contempt of court charges if it was remanded and expunged on a Student Visa for Australia?

My two Contempt of Court charges was because I forgot to pay my traffic tickets and show up to court. But i got all of them expunged

James L. Arrasmith
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answered on Oct 18, 2023

I do not have enough information to definitively say whether you need to declare your contempt of court charges when applying for an Australian student visa. However, here are some factors to consider:

- In general, expunged convictions may still need to be declared on visa applications,...
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1 Answer | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: Can a Forensic Psychologist interview a nine year old child alone in Louisiana?
T. Augustus Claus
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answered on Oct 16, 2023

Yes, a forensic psychologist can interview a nine-year-old child alone in Louisiana, but they must obtain the child's consent and the consent of the child's parent or guardian before conducting the interview. The interview must be conducted in a safe and comfortable environment for the... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: What’s the sentencing on a unauthorized entry of an inhabited dwelling louisiana and a aggravated assault in Louisiana
Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 16, 2023

Louisiana's unauthorized entry of an inhadbited dwelling is found at La R.S. 14:62.3: https://law.justia.com/codes/louisiana/2017/code-revisedstatutes/title-14/rs-14-62.3/#:~:text=Whoever%20commits%20the%20crime%20of,be%20the%20most%20recent%20version.

Whoever commits the crime of...
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1 Answer | Asked in Constitutional Law and Criminal Law for Louisiana on
Q: my offense was in 1985. should I be under the good-time act in effect in 1985, or the act in effect when sentenced in 19

offense occurred in 1985, per bill of information. arrested 1988. Convicted 1989 and sentenced 1989. placed on good-time act 376 in effect at time of sentence.

James L. Arrasmith
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answered on Oct 15, 2023

In general, criminal laws and penalties that are in effect at the time an offense is committed are the ones that apply to the defendant, in order to avoid ex post facto implications. The Ex Post Facto Clause of the Constitution prohibits the government from enacting laws that retroactively increase... View More

3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Louisiana on
Q: I have a warrant out for my arrest but didn’t miss the court date intentionally I read the papers wrong what do I do?

The Warrent is active and is from a loan company that I loaned with an wasn’t satisfied with my payment and denied to take the rest of the money and wanted me to pay lawyer fees and court fees

T. Augustus Claus
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answered on Oct 12, 2023

Ignoring the warrant can result in arrest and additional complications, so it's crucial to address the issue promptly. Depending on the circumstances, it might be possible to resolve the matter without being taken into custody, especially if you can show that missing the court date was... View More

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3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Louisiana on
Q: I have a warrant out for my arrest but didn’t miss the court date intentionally I read the papers wrong what do I do?

The Warrent is active and is from a loan company that I loaned with an wasn’t satisfied with my payment and denied to take the rest of the money and wanted me to pay lawyer fees and court fees

James L. Arrasmith
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answered on Nov 4, 2023

If you've discovered there's an active warrant for your arrest due to a misunderstanding regarding court dates, you should promptly contact an attorney to discuss your options and potential next steps. Your lawyer can help clarify the situation with the court and may be able to arrange... View More

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1 Answer | Asked in Criminal Law and Animal / Dog Law for Louisiana on
Q: What can I do if I'm charged with a misdemeanor after my dog got out of my yard? Will they take away my dog?

My dog broke the fence and got out and now I'm being charged with a misdemeanor. I'm not sure what I need to do.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 11, 2023

You should use the Justia Find a Lawyer tab and search for criminal defense lawyers in your area---call a few and find out if any have experience in these type cases----then meet with them and discuss the specifics of your matter and the options you have and then decie how to proceed, including... View More

1 Answer | Asked in Gaming and Criminal Law for Louisiana on
Q: charged with Illegal use of a state ID/access gambling. I have never been in trouble before. how do i plea/ what to do?

I was 19 at the time and am currently 20. I do not have a lawyer andy court date is in 2 days. i have no idea what i am doing or how all of this works. any guidance or advice would be appreciated

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 14, 2023

If/since you have no idea what i am doing or how all of this works, then you should consult with a lawyer to have your questions answered. if after a consult with a lawyer you decide to represent yourself, then that's fine (although I would disagree), but make sure you consult with a lawyer.... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can a person incarcerated for a theft charge & charged with simple escape but didn't actually escape get a bond
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 13, 2023

There's probably more relevant information that what's contained in your post, but going from memory, there's no reason he cannot get a bond, however, the Judge setting the bond may increase the amount of the bond quite a bit as a result of the new charge of simple escape. If no... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: If I was arrested and gave the police my phone as evidence as part of a crime, would I be able to get that device back?

The case is closed and I have been released. The phone was not used in trial but I took a plea deal

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 15, 2023

If you had an attorney representing you, then asak your attorney for assistance on this. if you did not have an attorney, then I would start with the District Attorney's office---call them and ask for the return of your phone and what you need to do in order to get it-----some will require... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: So I am being charged with a misdemeanor in Louisiana? Will I most likely get probation?

I worked at a retail store and I let my friends get free/discounted things which totaled up to just under 500 dollars.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 14, 2023

If this is your first offense, then the answer is yes, however, there may be other options which would allow you to not have to plea guilty to a misdemeanor and possibly keep it off of yoour record---please contact and consult with a few criminal defense attorneys in your area to discuss the... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: What is negligent arson?

Is this accidentally pouring a combustible substance but not igniting it?

T. Augustus Claus
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answered on Aug 3, 2023

Negligent arson, also known as reckless burning, is a criminal offense where a person acts recklessly and causes a fire that damages or destroys property. It involves the intentional act of starting a fire or setting fire to something with a disregard for the potential consequences and without the... View More

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