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Questions Answered by J. Heath Dillon
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... View 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... View 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... View 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... View 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... View 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... View 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....
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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... View More

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2 Answers | Asked in Criminal Law for Louisiana on
Q: Ok so I was arrested along with a friend we both have different charges but they want me to be a witness. Why???

In my opinion I believe and think that the justice system for some reason is trying to railroad me and put all charges on me this is so unjustified and is unfair to me. I am far from wealthy much less afford a good defense attorney but if I don’t get one I’m screwed

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

I agree that law enforcement's and/or the DA's attempts to get you to provide evidence against other co-accused persons is a typical law enforcement and prosecutorial tactic. I add only to the previous response that if you can't afford a defense attorney, you should ask the Court to... View More

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2 Answers | Asked in Criminal Law for Louisiana on
Q: If I never paid my probation fines but no warrant was ever issued and the two years of probation would have ended a year

if the time is up can they still revoke me for not paying?

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

Your probation ends only after you successfully complete all terms and conditions of the probation. Since you didn't pay the required fines, you have not completed probation, and your probation could be revoked.

Generally speaking, probation shouldn't be revoked in Louisiana...
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2 Answers | Asked in DUI / DWI for Louisiana on
Q: DUI expungement rejected bc I need proof of IID, but I don't have a car or plans to get one. Can I still file somehow?
J. Heath Dillon
J. Heath Dillon
answered on Oct 5, 2020

I agree with my colleague's earlier response and add this website for your consideration.

http://www.leaac.com/

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