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 »
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.
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 »
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 »
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 »
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.
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.
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 »
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.
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.
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.
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.
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 »
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 »
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 »
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