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Questions Answered by Wade Thomas Visconte
1 Answer | Asked in DUI / DWI for Louisiana on
Q: If I got booked for a dui and not heroin. Can the cop come a month later to say he found heroin in the vehicle?

I was brought to jail for a dui with no breathalyzer so they could take my blood. THC will be found in my blood. The officer also found heroin but never booked me with it and when my charges were read while being booked it didn’t show up. Can that state trooper come to my house and ask for me?... Read more »

Wade Thomas Visconte
Wade Thomas Visconte answered on Jun 1, 2021

Yes, you can be charged after an arrest. The District Attorney ultimately decides what criminal charges to pursue, but you can be charged after the fact. No, the cop is not an addict, and it would be foolish to raise that issue as part of your defense.

1 Answer | Asked in Criminal Law for Louisiana on
Q: How much time will I get if I have a POSS SCH IV CDS W/INTENT DIST
Wade Thomas Visconte
Wade Thomas Visconte answered on Apr 16, 2021

It depends on what you can negotiate with the D.A. or whether the D.A. has a "standard" plea deal. If you go to trial, the D.A. will probably seek the maximum amount of time provided by law. You should hire a local CRIMINAL attorney because they will have knowledge on how to deal with the D.A.

2 Answers | Asked in Child Custody and Criminal Law for Louisiana on
Q: How to file motion of contempt for breach of children custody order?

Children where not returned from visitation. Officer was given court orders and said he could not get my kids, but I can go see about getting them back. Officer was given all information for police report. Children were not with the father and told me to follow him down the road to his parents... Read more »

Wade Thomas Visconte
Wade Thomas Visconte answered on Apr 16, 2021

You need to hire a lawyer so you can obtain a court order commanding that the children be returned.

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2 Answers | Asked in Criminal Law for Louisiana on
Q: My child's father called the police and make a statement over the phone saying i left him on the side of the rode

He is 4 that didnt happen i brought him into the house in his daddy room where his daddy was in the room woke and i left the police called and said they was coming to get my statement about my son getting left on the side of the rode i said that never happened they police never showed up and about... Read more »

Wade Thomas Visconte
Wade Thomas Visconte answered on Apr 15, 2021

There was no question. It appears you were charged with child abandonment, but that I can't tell. You need to hire a lawyer. If you can't afford a lawyer, a public defender will be appointed to represent you. I am located in Shreveport if you would like to meet.

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2 Answers | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: will i get in trouble for being 18 and pregnant and my boyfriend is still 16, but i got pregnant at17?

i got pregnant at 17 and my boyfriend was 16. i turned 18 about 2 months later but he doesn’t turn 17 until a couple months after me. will i get in any legal trouble bc he is technically still a minor

Wade Thomas Visconte
Wade Thomas Visconte answered on Apr 11, 2021

A person age 17 or older commits the crime of carnal knowledge of a juvenile by engaging in consensual oral, anal, or vaginal sex with a child between the ages of 13 and 17. If the defendant is two to four years older than the child, then the crime is a misdemeanor. Nobody can predict if you will... Read more »

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3 Answers | Asked in Personal Injury for Louisiana on
Q: I have an on the job injury, do I go to the clinic and likely submit to a drug screne
Wade Thomas Visconte
Wade Thomas Visconte answered on Apr 4, 2021

Yes, but that does not mean automatically the drug test results can be used against you to deny you weekly wage benefits. That depends on the employer's WRITTEN policies and procedures. Hire a work comp attorney instead of trying to get free advice based on incomplete facts.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Louisiana on
Q: Lease agreement states 60 days notice must be given, tenant only gave 10, do we have any recourse to enforce the lease?

The original year lease was extended to month to month awhile ago. However, the original lease does state under the Automatic Renewal Section the following:

This lease shall be renewed automatically for one-month periods beginning on the first day of each month thereafter MAY 1st, 2020,... Read more »

Wade Thomas Visconte
Wade Thomas Visconte answered on Mar 28, 2021

You need to pay for a review of the contract by an attorney and bring the entire lease. The 60 day notice provision, if accurately represented, is "valid" because parties may contract on any matter not prohibited by law. Your question is unclear on how you think you can recover 60 days... Read more »

3 Answers | Asked in Criminal Law for Louisiana on
Q: I was arrested for simple robbery back in October of 2019. My bail bondsman called saying I missed a court date

I was never informed of this so said court date. Also isn’t there some kind of statue of limitations for them to bring me to court. It has been well over a year and a half and I haven’t been to any court dates because when I would call to check with the DA’s office to find out what was going... Read more »

Wade Thomas Visconte
Wade Thomas Visconte answered on Mar 28, 2021

Hire a local criminal defense attorney. They can probably search the records of the parish where the criminal charges are pending and answer your questions.

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