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Questions Answered by Andre Robert Belanger

1 Answer | Asked in Criminal Law for Louisiana on

Q: How long do you have to serve,on second degree murder to be pardon in Louisiana

She was just there and she serving life without parole

Andre Robert Belanger answered on Mar 17, 2016

you are not entitled to a pardon. That said, you can apply for a pardon or commutation of sentence.

1 Answer | Asked in Criminal Law for Louisiana on

Q: I have verification of first offender pardon for dwi 3rd offense. Can I possess a firearm now?

pardon date is 4-18-2014

Andre Robert Belanger answered on Mar 17, 2016

This is a common an tricky question. My simple advice to you is NO. Under La 14:95.1, the DWI wouldn't prohibit gun possession. Not every Louisiana felony will. That said, ANY felony prohibits your ability to possess a gun as a matter of Federal law. Also, the First Offender Pardon DOES NOT restore... Read more »

1 Answer | Asked in Criminal Law for Louisiana on

Q: I need a disposition of an arrest that was reduced with a lawyer for a new job? How do I get this?

Andre Robert Belanger answered on Mar 17, 2016

you can likely pay your local sheriff's office to do a background check. Similarly, many state police headquarters do the same. Also, you can go to the clerk of court and get a certified minute entry showing a reduced charge.

2 Answers | Asked in Criminal Law for Virginia on

Q: Can police hold my license after its been confirmed clean while k9 checks car

I was parked at work "nite club" wen unmarked police approached asked for ls due to loud music dispatch confirmed no restrictions yet my Los were held while k9 checked car instead of allowing myself to leave an work k9 gave false hit an I was charged with obstruction an firearm after 6 tube... Read more »

Andre Robert Belanger answered on Mar 17, 2016

there are some very fact specific federal cases, including a more recent United States Supreme Court case, on this topic. In a very general sense, the police can dispatch a k9 while running your license and checking for warrants during a stop. But, they can not use the k9 to prolong the detention... Read more »

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2 Answers | Asked in Criminal Law for Louisiana on

Q: I am on 1 year probation ending next year but i have a court date next month and I still have fees due what will happen?

Andre Robert Belanger answered on Nov 5, 2015

Assuming your hearing is a review for your probation then please make sure you have done all of the special conditions imposed by the court. If your are behind on money, be prepared to show a good faith effort. The need to buy christmas gifts isn't a good excuse. Some judges are sticklers so you... Read more »

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1 Answer | Asked in Criminal Law for Louisiana on

Q: Is Obtaining Legend Drugs By MISR a Misdemeanor charge or a Felony charge

Andre Robert Belanger answered on Oct 26, 2015

I'm not sure what "MISR" means but can say that obtaining a prescription drug by fraud is a felony.

1 Answer | Asked in Criminal Law for Louisiana on

Q: I been get postpone 5 month now on aggregate assault y is that

Andre Robert Belanger answered on Oct 26, 2015

Depending upon when you were charged, you could still be within the statute of limitations. But, if this is a misdemeanor offense, the general rule is they have 1 year to bring your case to trial. There are exceptions and ways to extend the time.

1 Answer | Asked in Criminal Law for Mississippi on

Q: CAn i be. convicted of convicted felon with firearm if no gun was taken out of my posession

Andre Robert Belanger answered on Oct 22, 2015

yes. but, they will need to establish, by credible evidence, that you had a gun. Some common examples, flight from an officer and the gun is discarded and can not be relocated or an armed robbery where the suspect was arrested days later and a gun was not found on him or at his home.

1 Answer | Asked in Criminal Law for Louisiana on

Q: Could a parolee revoked for a misdemeanor crime or held in an institution by the board of parole

Andre Robert Belanger answered on Oct 22, 2015

The parole board has the authority to revoke parole for a misdemeanor conviction. They can also impose other sanctions short of revocation. A lawyer can communicate with the parole officer to get a feel for the board's position and represent him before the parole board should they want to revoke... Read more »

1 Answer | Asked in Criminal Law for Louisiana on

Q: my son if from Robert la charged with revocation of probation in tangi parish isn't that out of livingstons jurish dictn

Andre Robert Belanger answered on Oct 22, 2015

The two parishes are within the same judicial district. The judge handling the revocation will be the same court that imposed the sentence- although, it is not uncommon for probationers to have their probation supervised by another district if they do not reside where the sentence was imposed.

1 Answer | Asked in Criminal Law for Louisiana on

Q: If someone is charged with armed robbery can they be prosecuted without a weapon?

Two of my sons and my nephew were charged with armed robbery,but there is no proof of a weapon,and the victim actually dropped the charges

Andre Robert Belanger answered on Oct 22, 2015

A weapon is a necessary element for that charge but not for the lesser charges of first degree robbery or simple robbery.

1 Answer | Asked in Criminal Law for Louisiana on

Q: Can the DOC change a sentence after the inmate has been incarcerated for over two years?

inmate plead to molestation, got 8 years(5 without parole) in 2012, was recently informed he will have to serve 25(without parole) because his sentence was miscalculated.

Andre Robert Belanger answered on Oct 22, 2015

DOC has no power over the actual sentence imposed. That said, they do have the power to properly calculate and re-calculate your "jail credits", good-time and parole eligibility etc. If you think they've made a mistake, you should get a lawyer to review his master record.

1 Answer | Asked in Criminal Law for Louisiana on

Q: Do I have to stop and talk to a police if they try to detain me

I was walking down a public street when the police decided to stop me for nothing no law was broken

Andre Robert Belanger answered on Oct 22, 2015

You are free not to answer any questions and, if questioned, demand an attorney. As a practical matter, that may be hard to do when standing on the street corner and I do realize that your lack of cooperation increases your chances of getting searched. But, you have the right to remain silent.

1 Answer | Asked in Criminal Law for Louisiana on

Q: If a guy is 18 nd a girl is 14, and they have sex, can the guy get arrested if it was consensual?

Girl is a virgin

Andre Robert Belanger answered on Oct 22, 2015

Yes. This age difference constitutes the crime "carnal knowledge". The disparity in age will make it a felony though a misdemeanor exists when the parties are within 2 years of each other.

1 Answer | Asked in Criminal Law for Louisiana on

Q: During an interrogation can they separate husband and wife in the state of Louisiana

Andre Robert Belanger answered on Oct 21, 2015

yes. very common technique. First, it separates folks so they can calm down and create a safer environment for them and the police. Police it allows the police to engage in a free dialogue with the participants and minimize any answers being made in fear.

1 Answer | Asked in Criminal Law for Louisiana on

Q: If someone is being charged with armed robbery don't they have to produce a weapon

Andre Robert Belanger answered on Oct 21, 2015

The crime requires a weapon. A lesser grade of offense is first degree robbery which is when the offender leads the victim to reasonable believe he is armed. That said, a weapon doesn't have to be put up to the victim's face. This could be a fact specific defense. Armed robbery is not parole... Read more »

1 Answer | Asked in Criminal Law for Louisiana on

Q: Does Louisiana apply good time credit to parole eligibility?

First time offender.

Andre Robert Belanger answered on Oct 21, 2015

no. they are 2 separate early release concepts. the prisoner's master record will list his parole eligibility date and his adjusted release date for good time.

1 Answer | Asked in Criminal Law for Louisiana on

Q: My fiancée was sentenced to 5 years under 15:529.1 second offense theft non violent. He got time served calculated and

Was told to take any and all self help. It said no probation or demolition of sentence but did not say no parole. Can he be eligible for parole? This is Louisiana.

Andre Robert Belanger answered on Oct 21, 2015

Yes. the habitual offender statute flattens and eliminates an early release for "good time" but is not a bar for parole for non-violent offense. Assuming this is no worse than a second felony offense he should be eligible. Have him look at his master record. his "PED" date will list when he can... Read more »

1 Answer | Asked in Criminal Law for Louisiana on

Q: Can a animal cruelty ofinder get a cosild han gun permanent

Can a person a mistamener fedarol animal cruelty afinder get a consileld han gun permanent

Andre Robert Belanger answered on Oct 21, 2015

Animal cruelty has a felony and misdemeanor grade. Assuming the case is no longer pending and the person is not on parole, the misdemeanor shouldn't be a problem. The felony will be. Even though it is not listed as a prohibited offense under the state's felon with a firearm statute, the federal... Read more »

1 Answer | Asked in Criminal Law for Louisiana on

Q: Louisiana 4th DUI, is the manditory 2 year initial sentence served in it's entirity

Andre Robert Belanger answered on Oct 21, 2015

No. you earn good time unless otherwise ineligible.

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