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Questions Answered by Andre Robert Belanger
1 Answer | Asked in Criminal Law for Louisiana on
Q: A friend of mine was arrested yesterday, in Louisiana. The officer did not read her the Miranda rights.

She was charged with Domestic Abuse Aggravated Assault (RS 14:37.7)

As i am aware that this is a felony charge. I have a few concerns, considering she was on Felony probation at the time.

She has not seen a judge yet, but she will be seeing one tomorrow. Earlier, they set a bond of... Read more »

Andre Robert Belanger
Andre Robert Belanger answered on Oct 21, 2015

i do not recommend posting bond for a probationer arrested on a felony since the probation hold will prevent their release and, worse, will prevent them from earning any jail credit on the new arrest.

1 Answer | Asked in Criminal Law for Louisiana on
Q: My niece was arrested last night for domestic violence, even though she is the victim. Boyfriend said she hit 1st!

She is being arraigned for the DV charge this morning. She is also being charged with possession (she was in his RV, where they found marijuana and paraphernalia) and assault. She didn't hurt him and the police dismissed her parents when they told them about previous assault incidents. The... Read more »

Andre Robert Belanger
Andre Robert Belanger answered on Oct 21, 2015

she will have the right to an attorney because she was arrested. even if she wasn't she could have an attorney representative since she is also a victim. she seems to have a defensible case. Is the state trying to prosecute her for the assault or the drugs?

1 Answer | Asked in Criminal Law for Louisiana on
Q: How long does a court have for arraignment on a felony of distribution Marijuana half a pound?

If they were arrested in March of this year?

Andre Robert Belanger
Andre Robert Belanger answered on Oct 21, 2015

The bigger question is the time it takes for the police to decide whether they want to prosecute. If the person is in jail, article 701 requires the state to file charges within 60 days or you could petition the court to release the person from their bond obligation which would result in their... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: If a person is arrested and not read his or her rights in Louisiana what recourse does he have
Andre Robert Belanger
Andre Robert Belanger answered on Oct 21, 2015

This is one of the most common questions asked. Unfortunately, there is a myth that the cops' failure to advise your rights will prohibit prosecution and get the case dismissed. This isn't so. But, if the person confessed during an interrogation with out having first been read his rights,... Read more »

2 Answers | Asked in Criminal Law for Louisiana on
Q: Can I get some help about my brothers case. First time offender convicted on first degree carries 0-40 yes he got 30year
Andre Robert Belanger
Andre Robert Belanger answered on Oct 21, 2015

Will need to review your brothers sentencing minutes for accuracy. First degree murder carries either life or death but the responsive verdict of manslaughter carries 0-40. He'll be parole eligible after serving 85%. Is help possible? Sure. He may be eligible for post conviction relief. You... Read more »

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2 Answers | Asked in Criminal Law for Louisiana on
Q: I have got a dwi (2nd) back in 2008. I haven't had any other driving related charges. How can i drive again legally?
Andre Robert Belanger
Andre Robert Belanger answered on Nov 5, 2015

The department of motor vehicles should have a link where you can see if any flags appear on your license and what they are for so you can pay necessary fees etc. you are well past the suspension limit imposed for a dwi conviction.

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2 Answers | Asked in Criminal Law for Louisiana on
Q: If my record is expunged under Article 893. Is there another way to remove my record being in the health care profession

I work in the mental health field and every time in receive a job offer they proceed to do a background check and my record show the arrest is there anything I can do to prevent this for happening in the future?

Andre Robert Belanger
Andre Robert Belanger answered on Nov 5, 2015

893 is the felony expungement provision. there is a new type of expungement for convictions more than 10 years old. but, neither is an exoneration. if you need the effects of a conviction removed beyond what was given to you under 893, you need to seek a governor's pardon.

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2 Answers | Asked in Criminal Law for Louisiana on
Q: I spent over 10 years in jail because someone lied about me. I now have a witness of an admittance of perjury.

My sister accused me of touching her sexually. I did not do it. I was a minor at the time. I Did not have any family come to my defense. I was young and unknowing what was going on. The only evidence was my sisters testimony. A story she had heard her older sister telling for years about what our... Read more »

Andre Robert Belanger
Andre Robert Belanger answered on Nov 5, 2015

As a general rule you have 2 years to file post conviction relief. however, that procedural hurdle can be overcome by the discovery of exculpatory evidence. So, you may be in luck and able to litigate an otherwise untimely PCR application.

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2 Answers | Asked in Criminal Law for Louisiana on
Q: It's been 5 years since I had my got my felony distribution with intent schedule 1 is there a way I cld get expunge

Free and is going to cost and how much

Andre Robert Belanger
Andre Robert Belanger answered on Nov 5, 2015

there is a new expungement provision for 10 year old cases. you may need to wait. drug distributions did not qualify for the typical 893 expungement.

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