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Questions Answered by J. Heath Dillon
1 Answer | Asked in Traffic Tickets for Louisiana on
Q: Am I required to pay court cost on a traffic ticket if I pay the ticket before the court date in my state?

I received a traffic ticket. I called to get the cost of the ticket and was told that I would have to pay court cost. I asked why I had to pay court cost if I was planning on paying the ticket before my court date. I have not received an answer as of yet. Would like to know the law?

J. Heath Dillon
J. Heath Dillon answered on Nov 11, 2020

There are no "court costs" to pay if you pay your traffic ticket prior to the due date on the citation. Typically, there is an identified dollar amount for the kind of citation you received (that may be increased depending on facts - amount of speed over limit for example). There may... Read more »

1 Answer | Asked in Military Law on
Q: 4 year initial enlisted contract but reupped/reenlisted at 2 years. Will I get the GI Bill for this period of service?

The 2 year being the period of service in question for the eligibility of the GI Bill

J. Heath Dillon
J. Heath Dillon answered on Nov 5, 2020

You're eligible now for partial GI Bill benefits. Usually, 36 months service is required for full benefits. Take a look at the site pasted below for further, more detailed information pertaining to your question. Thanks for your service.

www.va.gov/education/eligibility

1 Answer | Asked in Criminal Law for Louisiana on
Q: I have written agreements for the expenses can charges still be filed or would it move in there favor
J. Heath Dillon
J. Heath Dillon answered on Oct 28, 2020

You can still report the vandalism. Law enforcement will still investigate and the issue can still be prosecuted. Written agreements for restitution are evidence of the act itself, so they are helpful to further prosecution.

2 Answers | Asked in Criminal Law for Louisiana on
Q: If a person vandalize you car but you make an agreement for damages can you still press charges against that person
J. Heath Dillon
J. Heath Dillon answered on Oct 28, 2020

Yes. Restitution to the victim of property damage is only part of typical punishment for vandalism, but that doesn't negate the criminal act itself. You can still contact law enforcement and report the vandalism, and the person who committed the act of vandalism can still be legally punished... Read more »

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1 Answer | Asked in Criminal Law for Louisiana on
Q: What is the legal distance for discharging a firearm in Louisiana?
J. Heath Dillon
J. Heath Dillon answered on Oct 26, 2020

I apologize, but I think you're going to have to provide more information in order to get a meaningful response. What are you shooting at? Where are you shooting - city limits, outside city limits, proximity to a road? What caliber handgun/shotgun/rifle are you shooting? Why are you asking... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Louisiana on
Q: can a first offense aggravated flight get reduced to a misdemeanor

& if so would probation be considered or jail time?

J. Heath Dillon
J. Heath Dillon answered on Oct 18, 2020

Anything theoretically "could" be reduced to a misdemeanor. Whether the DA's Office will, in fact, reduce such a charge will depend on many factors - the criminal record of the defendant, the circumstances of the alleged misconduct, the strength of the evidence in support of the... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Louisiana on
Q: To receive snap benefits in Louisiana with felony drug charges, is it 1 yr after release or 1 yr after being off paper
J. Heath Dillon
J. Heath Dillon answered on Oct 18, 2020

In Louisiana, a felony drug convict is ineligible for SNAP benefits for one year after the completion of all terms of his sentence, including any probation, jail sentence, suspended jail sentence, etc.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Public Benefits for Louisiana on
Q: I just want to be certain about this, can you receive snap benefits in Louisiana if you have prior drug convictions?
J. Heath Dillon
J. Heath Dillon answered on Oct 18, 2020

In Louisiana, a person with a felony conviction for drug use/possession is ineligible for SNAP benefits for a period of one year after the completion of any sentence imposed as a result of such conviction.

2 Answers | Asked in Criminal Law for Louisiana on
Q: my question is, is a mentally disabled person able to be put behind bars for stealing mail?
J. Heath Dillon
J. Heath Dillon answered on Oct 15, 2020

The person in question needs to talk this over with a criminal defense attorney.

A person who, due to mental defect, is unable to understand right from wrong may be found not criminally liable for his actions. Otherwise, mental state is not going to shield a mentally challenged person...
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1 Answer | Asked in Family Law, Divorce and Traffic Tickets for Louisiana on
Q: I need an attorney that practices in both states of Louisiana & Mississippi. Mississippi case would be family law And

The Louisiana case is a traffic violation.

J. Heath Dillon
J. Heath Dillon answered on Oct 9, 2020

I notice that you have not received a response after some amount of time. I suggest you change your approach. By asking for an attorney licensed in both Mississippi and Louisiana who practices particularly in family law AND traffic citations, you have narrowed your pool of potential attorneys... Read more »

1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: My friend got a dog for his mom, but she couldn’t take of him. He ended up giving the dog to me, but is now demanding

The dog back, saying that he’s technically not my dog since I haven’t paid for him, but I have texts showing that he told me I could get him his money at the end of the week of October 10th. He’s threatened to call the cops, and he refuses to give me his shot record/bill of sale. What can I do ?

J. Heath Dillon
J. Heath Dillon answered on Oct 8, 2020

Well, this is unfortunate! This is posted in the criminal section of Justia, but is really more of a property / contract issue.

The ownership of the dog will ultimately boil down to determining the intent between you and your friend when you received the dog. You say the intent was for...
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1 Answer | Asked in Criminal Law and Identity Theft for Louisiana on
Q: Can I be charged with accessory to credit card fraud if I brought someone to Dillard’s and he committed fraud ?

I only brought him to Dillard’s I was unaware he was committing fraud It was a handyman that I hired to do some work at my house he stole paperwork out of my house and used it to commit fraud against my stepmother I had no clue until cops showed up

J. Heath Dillon
J. Heath Dillon answered on Oct 6, 2020

If law enforcement believes you had no knowledge or involvement in the planning or execution of the offense, then you will not be prosecuted. However, the circumstances concern me. You don't have to be the person to actually commit an offense to be punished for it. Rather, you can be held... Read more »

2 Answers | Asked in Child Custody for Louisiana on
Q: how would it work for a father to get custody of child when not on birth certificate. Louisiana
J. Heath Dillon
J. Heath Dillon answered on Oct 6, 2020

Consult with a family law attorney directly. Consider filing a motion to establish paternity through testing. If established, the court will recognize you as the father by matter of law, regardless of the birth certificate. Be prepared to owe responsibilities to the child if you are found to be... Read more »

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1 Answer | Asked in Employment Law for Louisiana on
Q: I am being charged for a DISA mandated rehab drug test thru my employer as a condition of employment.

I live in Louisiana, and have referred my employer to statute RS23:897, which states that an employer must pay for any drug testing, period, as a condition of employment. Can you please provide me with a clear interpretation of this statute?

J. Heath Dillon
J. Heath Dillon answered on Oct 5, 2020

I think you're right, both in interpretation of the statute and in practice. It is my experience that an employer pays for drug testing when necessary as a condition of employment.

I write this to say your issue is worth discussion with an attorney who could fully develop the...
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1 Answer | Asked in Criminal Law for Louisiana on
Q: My son has been in jail since June 19th probation violation. Has not had probation hearing. How long for hearing?

The felony is forgery for $10 check on a friend putting gas in friends truck. Friend did not want charges pressed.

J. Heath Dillon
J. Heath Dillon answered on Oct 5, 2020

It should not take this long for a probation revocation hearing to have been set. Consult with a criminal defense attorney to discuss appropriate motions to get your son in front of a judge on the probation violation.

1 Answer | Asked in Criminal Law for Nebraska on
Q: Is it a good idea to fight the warrant or not?

Discovery shows the exact info used to enter my husbands residents in Dec 2019 (we had been seperated over a yr) which had nothing to do with me. Boyfriends past record, & surveillance conducted at neighbors 4-5 blocks away, & a guy who claims to have purchased drugs from me the night he... Read more »

J. Heath Dillon
J. Heath Dillon answered on Oct 5, 2020

Whether you have a sound basis to suppress or keep out of evidence the contraband they found after entering your living space is a matter that should be discussed with a criminal defense attorney retained or appointed by the Court. If you don't already have an attorney, either pay for and... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: What can I do about hostile work environment?

Hello I have a situation with my employer. On Friday September the 4th 2020 i was working with two of my coworkers and my supervisor. They were talking with each other and my supervisor told them that the white man needs to be killed. After I overheard this I was so upset I had to leave work and I... Read more »

J. Heath Dillon
J. Heath Dillon answered on Oct 4, 2020

The supervisor's statement is evidence of a bias against white males. This, by itself, though, doesn't give grounds for an employee to quite reporting to work. You are at risk of being terminated for failing to report to work.

Go to work. Express your concerns with...
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1 Answer | Asked in Employment Law and Education Law for Louisiana on
Q: Are teachers mandated to submit lesson plans while out on sick leave?
J. Heath Dillon
J. Heath Dillon answered on Oct 4, 2020

A public school system administration (principal / assistant principal, etc) generally is not violating any law by requiring a teacher to submit lesson plans for days the teacher is out on sick leave.

If the teacher feels that this requirement is not being applied consistently and that...
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1 Answer | Asked in Uncategorized for Maryland on
Q: My boyfriend is not getting his required Meds in jail right now and it’s making him sick? Can I do anything?

He went to jail a month ago and didn’t get meds. He has Parkinson’s . He got sick a few days later. He ended up going to the Dr for depression, anxiety, and bad shaking. He recently went back to jail and he is not getting any of his meds. He called me and he told me he keeps asking but they... Read more »

J. Heath Dillon
J. Heath Dillon answered on Oct 4, 2020

I recommend you start by consulting a local, experienced criminal defense attorney.

That said, help could come from communication with the DA's Office over this situation. Additionally, discussion with the Sheriff, or whatever authority is responsible for the jail could help....
Read more »

2 Answers | Asked in Criminal Law for Louisiana on
Q: My boyfriend and I got into an altercation and I called the police. His charges were aggrav. battery w/ dangerous weapon

armed robbery, false imprisonment, and domestic abuse battery (misd).. Can I drop these charges? He's on parole as well..

J. Heath Dillon
J. Heath Dillon answered on Oct 4, 2020

You can contact the District Attorney's Office for your location and express to them that you do not wish to participate in the prosecution of the charges. That office may ask you to sign a statement expressing your desire not to facilitate or participate in the prosecution. However, the... Read more »

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