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Questions Answered by J. Heath Dillon
1 Answer | Asked in Employment Law and Tax Law for Louisiana on
Q: The company i work for changed my tax information with out my concent I started with a w-2 form with no dependents almot

3 years ago and now here a few months ago they changed my taxes from a w-2 form to a 10-99 form and changed my dependents to 99 and never gave me a notice or nothing isn't that illegal and can I sue them for doing that without my consent

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

You don't have a colorable lawsuit or any damages to speak of. Fix the situation with your employer/HR department, etc as soon as possible.

1 Answer | Asked in Child Custody and Juvenile Law for Louisiana on
Q: I’m 17 years old, I’m 3 months from being 18. Am I allowed to move out without parents consent.

No additional information.

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

No, you are still considered a minor by law. You can jump out into the world and all of its accompanying responsibilities as an adult once you are 18. Until then, you could consult with a family law attorney to discuss emancipation, but that process would likely take you through your 18th... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: I was fired from a job a few years ago after I was given Marijuana lollipops can my exemployer give that information out

I have not applied for a job with a woman and she found out why I was fired and she is now threatening me with it. Please advise

In Louisiana

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

Your former employer violated no law by releasing the reason for your prior termination to a third party - like a prospective employer.

1 Answer | Asked in Employment Law and Employment Discrimination for Louisiana on
Q: I was laid off because I’m severely allergic to Christmas trees a real one is in the building do I have a case?

The temp agency couldn’t get any accommodations for me even though I offered to work outdoors under the carport. The refusal to accommodate because of my severe allergic reaction to Christmas trees seems wrong due to the company has policies regarding scents used in the building. My unemployment... Read more »

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

There are many unknown variables involved in your situation and in response to your inquiry. Consequently, it is not possible to state definitively whether your employer did anything wrong. To name a few - you have not provided information as to the size of your employer (how many employees are... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: La CCP art 713 does it mean if both lawyers agree judge must grant continuance?
J. Heath Dillon
J. Heath Dillon answered on Dec 1, 2020

No, both parties need not agree under LA C.Cr.P. Article 713 on the need for a continuance based on peremptory grounds. Such grounds only exist, however, when one party can show that despite due diligence they have been unable to obtain necessary evidence and need more time to do so or a necessary... Read more »

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...
Read more »

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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...
Read more »

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...
Read more »

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.

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