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Questions Answered by J. Heath Dillon
2 Answers | Asked in Criminal Law and Civil Rights for Louisiana on
Q: I was charged in 2016. My arraignment was in 2017. My last court date was 1/10/2019. I've been on a continue w/o date

I haven't been to court since. I been trying to contact my lawyer but she never returns my call. The Clerk of Court, D.A. office, and the I.D.B. board all tell me to get in touch with my lawyer. Who doesn't return my calls. I been calling every month since 2/2019. What can I do to resolve... Read more »

J. Heath Dillon
J. Heath Dillon answered on Apr 26, 2021

Consider going to your appointed attorney's office to request an office visit. Also consider contacting the district public defender's office (the office that appointed your public defender) to request that your public defender contact you. You likely received written correspondence... Read more »

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2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Federal Crimes for Louisiana on
Q: I was offered a plea deal that says 2 years hard labor suspended 3 years ASP. WHAT DOES THAT MEAN EXACTLY
J. Heath Dillon
J. Heath Dillon answered on Apr 26, 2021

It means that you would be sentenced to 2 years prison with LA Department of Corrections, at hard labor. That prison sentence would be suspended (put on hold) and not served. You would be placed on 3 years adult supervised probation. There would be normal conditions of that probation. If you... Read more »

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1 Answer | Asked in Military Law on
Q: Is a military protective order still valid if the issuing commander has PCSd?
J. Heath Dillon
J. Heath Dillon answered on Feb 11, 2021

Yes, the MPO is still an enforceable order, despite the issuing officer's PCS. Violation of the MPO could result in your appropriate punishment by the new command.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Is arm robbery a bigger charge than home invasion
J. Heath Dillon
J. Heath Dillon answered on Feb 5, 2021

Yes, the punishment for armed robbery is much more severe than for unlawfully entering an inhabited dwelling (home).

1 Answer | Asked in Criminal Law for Louisiana on
Q: What penalties should I expect for a first offence criminal trespassing?

There is no criminal record other than a ticket for insurance on a vehicle no prior trespassing charges and was in jail for 5 days before bonding out on the trespassing charges. What kind of penalty can she be looking at?

J. Heath Dillon
J. Heath Dillon answered on Feb 1, 2021

I recommend consulting with a criminal defense attorney for an informed and professional discussion of possible plea and/or sentencing expectations. It would be both impracticable and likely unprofessional to guess at what a particular DA's Office might offer in the way of a plea agreement or... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: Hello, One question: My son pleaded no contest to offense14.43.3 (A) (1)/(C)(1). Is this an actual FELONY Conviction.
J. Heath Dillon
J. Heath Dillon answered on Feb 1, 2021

Yes, a nolo contendere (or no contest) plea to a violation of LA R.S. 14:43.3(A)(1) and sentenced under paragraph (c)(1) is a felony conviction in Louisiana.

2 Answers | Asked in Criminal Law for Louisiana on
Q: How can you have a warrant for something you never got in trouble for and was let go w/o any kind of ticket or arrested

They don’t even know the date when it initially happened. How can they say she has warrant for something they don’t have any record of happening?

J. Heath Dillon
J. Heath Dillon answered on Jan 28, 2021

I agree with my colleague - get a lawyer if you have a criminal arrest warrant pending.

FYI - Sometimes it takes time for law enforcement and the prosecutor's office to review the circumstances of a particular incident to which law enforcement responds. During this time, they review...
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2 Answers | Asked in Traffic Tickets for Louisiana on
Q: Got pulled over and was issued a speeding ticket the officer wrote the ticket and I signed it but the never received a

Copy of the ticket

J. Heath Dillon
J. Heath Dillon answered on Jan 28, 2021

I agree with my colleague - call the clerk's office from the jurisdiction where you were cited and ask for your court date.

Not receiving a copy of the citation won't be a defense to the citation. If you miss your court date, it is likely that your license will be suspended and...
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1 Answer | Asked in Criminal Law for Louisiana on
Q: Is the charge 14:72.2 related possession of stolen goods?
J. Heath Dillon
J. Heath Dillon answered on Jan 26, 2021

No, this statute pertains to passing counterfeit monetary instruments (passing fake money).

2 Answers | Asked in Traffic Tickets for Louisiana on
Q: Can they change court date on a speeding ticket without notifying you?

I called to ask about more time to pay a speeding ticket. They told me show up to court and they will give me more time. But they changed the court dat from tomorrow to a day next week. I can't go next week I will be out of town for work. What can I do?

J. Heath Dillon
J. Heath Dillon answered on Jan 7, 2021

(1) You can pay your ticket before the court date if you do not plan to contest the ticket (unless a required court appearance offense).

(2) You can hire an attorney to represent you. That attorney could appear on your behalf and enter a plea. You would not have to be present....
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2 Answers | Asked in Traffic Tickets for Louisiana on
Q: Cop put wrong year on my ticket

A cop put the wrong year on my ticket. Just want to see if that means anything

J. Heath Dillon
J. Heath Dillon answered on Jan 6, 2021

Really?!? Show up on the date the police officer listed then - and you'll be arrested for failure to report, in addition to having to deal with the underlying citation offense. The justice system isn't a game of gotcha. Respect the law and deal with the citation. Get a lawyer if you... Read more »

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2 Answers | Asked in Traffic Tickets for Louisiana on
Q: I have a pink license plate light an its clearly visible from 50 ft is this still not legal or? Mississippi license

Mississippi license plate, Dotd, and State police have no issue with it just parish cops in Louisiana

J. Heath Dillon
J. Heath Dillon answered on Jan 4, 2021

Louisiana law prohibits the use of neon lights as license plate lights or any other light that obscures the plain view of the license plate (except for on antique autos).

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2 Answers | Asked in Criminal Law for Louisiana on
Q: Why would a criminal defense attorney wait 40 days after the attorney client contract signed paid $1000 retainer........

Why would a criminal defense attorney wait 40 days after the attorney client contract signed and the client paid $1000 retainer file motion to enroll as counsel 40 days after the attorney contract signed and having been paid 1000. I’m looking at the records for my case and the motion to enroll... Read more »

J. Heath Dillon
J. Heath Dillon answered on Jan 1, 2021

I agree with my colleague. I add that until the Bill of Information was filed, there may not have been a criminal case in which the attorney could officially enroll in court records as counsel. Discuss with your attorney if you wish, but it does not appear that his actions were atypical.

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Q: Employer in MA wants to send temp. employees out to get DOT physical exams/certifications. I interpret this as a Hipaa

violation at the very least, since these are employees of staffing agencies, who are the real "covered entities" here. They supply the WC insurance, payroll, are the holders of their personnel records, etc. They also almost all have provisions written into their contracts that state... Read more »

J. Heath Dillon
J. Heath Dillon answered on Dec 29, 2020

The employer can communicate directly with the temp employment agency that supplied the employees of the employer's requirement that the temp employees obtain and pass a DOT physical. It is, likely, not appropriate for the employer to communicate this need directly to contracted employees... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I get fired from a hospital after a background check comes back with a completed sis for a misdemeanor child endang?

I completed sis and a parenting class for it. It was a domestic violence situation and I didn’t have a seat for the child when we were pulled over. I was not aware it would show since i have had no issues at a previous hospital in another state. I just received a letter from the state saying... Read more »

J. Heath Dillon
J. Heath Dillon answered on Dec 29, 2020

Yes, it means that you will likely be terminated because you are unable to meet a condition of employment - namely a successful background check. Just because you were employed elsewhere after your citation and conviction for this misdemeanor doesn't protect you from a new employer's... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: Family member has been arrested for simple kidnaping and sexual assault, What is the process for bail hearing

What does the District Attorney have to present as far as basis for holding someone on a high bail? Can a bail hearing help in understanding the severity of the charges

J. Heath Dillon
J. Heath Dillon answered on Dec 29, 2020

Initially, a judge sets bond without a hearing based on the severity of the charges, and any other information available to the judge at the time. A defendant (or the state) may then request a hearing to adjust the amount of bond set by the judge. Many factors are considered by the judge at a... Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for Georgia on
Q: My husband is being forced to take leave without pay due to some medical restrictions that have been placed on him.

They have made no attempts since he returned to work in May for reasonable accommodations. His restrictions are only no driving and no working on elevated surfaces or climbing ladders or stairs. The dr request was for him to be able to do table top work or desk work. Based on the ADA how can... Read more »

J. Heath Dillon
J. Heath Dillon answered on Dec 29, 2020

I, like my colleague, recommend your husband discuss his situation with an employment law attorney in his geographic area.

FYI - there are many factors to consider when determining whether the ADA applies to your husband's situation. The severity of his medical conditions, the...
Read more »

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1 Answer | Asked in Criminal Law for Louisiana on
Q: Is the Sex offender Stamp removal now legal?
J. Heath Dillon
J. Heath Dillon answered on Dec 13, 2020

The state of the law in this area is not settled. The Supreme Court of Louisiana ruled in Oct '20 that requiring offenders to have such stamps was not legal. On Friday, 11 Dec 20, Louisiana filed a petition with the US Supreme Court asking that this ruling be stayed and that the Supreme... Read more »

1 Answer | Asked in Uncategorized for Louisiana on
Q: Can I sued my employer for letting other employees use the N-word towards me when I spoke to management and she said it

was appropriate to used and say towards me bc it's in a song

J. Heath Dillon
J. Heath Dillon answered on Dec 10, 2020

An employer may not discriminate against employees based on race. Federal and state law prohibits this. Additionally, employers, managers and leaders have an obligation to ensure that employees under their supervision are not participating in discriminatory behavior. Us of the "N" word... Read more »

1 Answer | Asked in Banking and Military Law for Louisiana on
Q: What type of account is qualified for Louisiana Statute 29:312. I’m a servicemember who was told an account do not qual.

I’m a servicemember who was told he did not qualify for Louisiana Statute 29:312 due to my loan being a signature loan.

J. Heath Dillon
J. Heath Dillon answered on Dec 10, 2020

It appears you were mislead by whomever told you the law doesn't apply to a signature loan. Recommend you consult with the Legal Assistance Office (part of JAG) at whatever installation to which you're assigned to get personal legal consult, advice and representation. Good luck.

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