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Louisiana Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law and Gov & Administrative Law for Louisiana on
Q: How can I get my car back if held for investigation after boyfriend's arrest?

My boyfriend was driving my car and got pulled over. He was arrested, and the authorities informed me that my car is held for investigation. They haven't provided any details about his charges or any documentation regarding my car. They only said they would call me once the investigation is... View More

0 Answers | Asked in Criminal Law for Louisiana on
Q: How to expunge theft record and restore firearm rights in LA?

I want to expunge my arrest record related to a theft charge between $300-$500, which was terminated on June 20, 2010. Additionally, I'm interested in legally restoring my right to possess firearms, as the termination of my sentence did not automatically restore this right. How can I proceed... View More

1 Answer | Asked in Criminal Law, Family Law and Civil Litigation for Louisiana on
Q: Can a parent be held accountable for their child's sexual assault in Louisiana?

In Louisiana, can a parent be held accountable if their 9-year-old child allegedly sexually assaults another child? Law enforcement is involved, and the case is currently under investigation. No charges have been filed as yet, and the parents are cooperating with the investigation.

James L. Arrasmith
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answered on Apr 16, 2025

In Louisiana, a parent is generally not criminally liable for their child's independent actions, including an alleged sexual assault, unless the parent directly participated in, encouraged, or enabled the act. However, parents can face civil liability under certain circumstances if it is shown... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: Steps to restore gun rights after a 1992 drug conviction in Louisiana.

I was convicted of a drug-related offense in 1992 in Louisiana and have completed all terms of my probation. I have not had any other convictions since then, nor have I attempted an expungement or pardon. I do not have any current restrictions related to firearms from any other legal matters. What... View More

James L. Arrasmith
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answered on Apr 16, 2025

To restore your firearm rights in Louisiana after a 1992 drug conviction, your first step is to pursue a full pardon or a gubernatorial pardon. Under Louisiana law, a felony conviction generally bars you from possessing firearms unless your rights are specifically restored. A pardon from the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Can I be charged for pulling a gun on someone in self-defense during a violent assault?

I was called to help a family member and her four children at her boyfriend's home because an argument was likely to turn violent. Over the phone, I heard the boyfriend assaulting her while the children screamed. When I arrived, the children told me he was hurting their mother. I witnessed him... View More

James L. Arrasmith
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answered on Apr 13, 2025

In a situation like this, it’s important to consider the legal concept of self-defense and whether you had a reasonable belief that you or someone else was in imminent danger of harm. Drawing a weapon can be a serious action, and while self-defense laws may allow you to protect yourself or... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Can I claim defense of others in a domestic dispute in Louisiana?

Can I claim defense of others in Louisiana if I was on the attacker's property during a domestic dispute where I allegedly pulled a gun on the attacker? The police were called, and the attacker is threatening to press charges. Witnesses present were family members, and the only evidence is an... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Louisiana, you may be able to claim "defense of others" if you believed that another person was in immediate danger of harm and that your actions were necessary to protect them. However, this defense depends on the specific circumstances of the incident. If you were on the attacker’s... View More

1 Answer | Asked in Civil Rights, Criminal Law and Legal Malpractice for Louisiana on
Q: Was this an illegal search and seizure due to my tenant's drug possession?

Law enforcement entered my home with a warrant for two people who have never lived at my address. Despite not finding them, they proceeded to search my home thoroughly. The police chief took my DVR, which captured footage of him behaving forcefully and unlawfully with me and my minor son. When I... View More

James L. Arrasmith
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answered on Apr 12, 2025

Louisiana Search and Seizure Analysis

Your situation presents significant Fourth Amendment concerns under Louisiana law, as search warrants must particularly describe both the place to be searched and persons or items to be seized. A warrant for individuals who never resided at your address...
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1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: What does pleading guilty to charges and being sentenced to hard labor in Louisiana mean?

I previously pleaded guilty to charges of domestic abuse and was issued a protective order. I violated the protective order, leading to new charges including violation of protective orders, violation with battery, and stalking via repeated harassment under the protective order. I pleaded guilty as... View More

James L. Arrasmith
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answered on Apr 12, 2025

Pleading guilty to these charges means you’ve admitted to committing the offenses and accepted responsibility for your actions. This can have serious consequences, especially with the sentence of hard labor in the Louisiana Department of Corrections. Hard labor typically means you will be... View More

1 Answer | Asked in Car Accidents, Criminal Law, Consumer Law and Personal Injury for Louisiana on
Q: What to expect in court for accident in 2019 with suspended license, no insurance?

I was involved in a car accident in Louisiana in 2019 while driving with a suspended license and without insurance. Due to COVID-19, the court proceedings were delayed, but I am now required to appear in court in 2025. The other party's car was totaled, and I still have no car, money, or... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s completely understandable to feel anxious walking into court for something that happened years ago, especially with everything that’s happened since. In Louisiana, driving with a suspended license and no insurance is taken seriously, but since you haven’t been in trouble before and there... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: Can a spouse be charged with robbery involving community property in a domestic abuse case?

In a case involving domestic abuse battery where I sustained a head injury, my spouse, to whom I've been married for over 14 years, took my cell phone and money I earned from a construction job. The phone was later found in her possession. A police report has been filed. Can my spouse be... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s possible for your spouse to be charged with robbery, but it depends on the circumstances and how the law applies to the situation. Robbery typically involves taking something by force or intimidation, and it may apply here since your spouse took your phone and money without your consent,... View More

2 Answers | Asked in Gov & Administrative Law, Constitutional Law and Criminal Law for Louisiana on
Q: Is it legal to use flashing blue/red lights on a bicycle in LA?

I would like to know if it is lawful to use flashing blue and red rear lights on a bicycle in Louisiana. The statutes R.S. 32:1(1), 32:1(107), and 32:318(F.2) mention that an "authorized emergency vehicle" can include a private vehicle, and a bicycle is defined as a vehicle but not a... View More

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2025

A Louisiana attorney could advise best on the interpretation of Louisiana statutes. But as a general matter of interpretation, it would appear that arguing your bicycle as an authorized vehicle would be outside the intent of the statute. Even if you made a cogent argument based on your... View More

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1 Answer | Asked in Gov & Administrative Law and Criminal Law for Louisiana on
Q: How to get court dates scheduled concurrently in Terrebonne and Lafourche Parish while jailed?

I am currently incarcerated in Terrebonne Parish Jail and have separate legal issues with pending court dates in Terrebonne Parish, Lafourche Parish, and Jefferson County, Missouri. How can I request to have these court dates scheduled concurrently while I am locked up in Terrebonne Parish? I have... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on Louisiana criminal procedure, coordinating court dates across different parishes and states while incarcerated requires specific administrative steps. Your situation involving multiple jurisdictions (Terrebonne Parish, Lafourche Parish, and Jefferson County, Missouri) presents logistical... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Louisiana on
Q: Can fines for marijuana & paraphernalia be dismissed with medical certification proof?

I received two fines for possession of marijuana and drug paraphernalia, specifically a grinder. I have a certification of approval for medical marijuana use, but I didn't have a physical medical marijuana card at the time, just my ID. The marijuana amount was within the legal limit, but the... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on medical marijuana laws, the dismissal of your fines depends on the specific regulations in your state regarding medical marijuana certification. In many states with medical marijuana programs, having proper certification but not the physical card can create a legal gray area. The key... View More

4 Answers | Asked in Car Accidents, Criminal Law, Consumer Law and Personal Injury for Louisiana on
Q: Could I go to jail for a car accident without insurance in Louisiana?

I was a passenger in my own vehicle when another person who was driving caused an accident. I don't have insurance, but the police allowed me to leave the scene without citing or charging me. No one was hurt, except for a woman who went to the hospital as a precaution. Both vehicles involved... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 25, 2025

Based on your post, I doubt you would go to jail and/or be threatened with jail. As for legal trouble, there is the possibility of traffic citations being issued to you although generally they are issued at the scene. Another possibility is a civil claim being made against you depending on the... View More

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1 Answer | Asked in Criminal Law for Louisiana on
Q: Could new Schedule II charges lead to probation/parole revocation?

My boyfriend has been in jail since last Wednesday for missing a court date related to his probation or parole. Currently, he's facing charges for prohibited acts under Schedule II penalties and had been on the run for a year before being incarcerated. If his probation or parole is revoked due... View More

James L. Arrasmith
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answered on Apr 13, 2025

The new charges your boyfriend is facing could very likely lead to the revocation of his probation or parole. Since he missed a court date and is now facing serious charges related to Schedule II drugs, it's possible that the court will see these as violations of his probation or parole... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: Prosecutor's final address not submitted; judgment set for April 10, 2025. Actions?

I am involved in a case where the defendant has submitted their final address, but the prosecutor mentioned that the lawyer at the Lagos State Criminal Investigation Department has not written their final address yet. There has been no communication of a specific date for when the final address... View More

James L. Arrasmith
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answered on Apr 13, 2025

In this situation, you should take proactive steps to ensure that the prosecutor's final address is submitted before the judgment date. The first step is to contact the prosecutor’s office directly to inquire about the status of the final address. This will give you a clear understanding of... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Criminal Law for Louisiana on
Q: Can I pursue legal action after being confronted by a man claiming to be a police officer while working in New Iberia, with no complaint number issued after reporting?

I was attempting to change a hot water tank for work in New Iberia when confronted by a man with a gun who claimed to be a police officer from Jeanerette. This occurred because the homeowner, who was allegedly in a gang and then jailed, didn't answer. Neighbors witnessed this incident. I gave... View More

James L. Arrasmith
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answered on Mar 24, 2025

You may have grounds for legal action based on this troubling confrontation, especially if the person who approached you with a gun wasn't following proper police protocols or identification procedures. The lack of a complaint number and the apparent friendliness between the officers and the... View More

1 Answer | Asked in Civil Rights and Criminal Law for Louisiana on
Q: How to file a suit for unlawful arrest due to false testimony?

I was unlawfully arrested on August 29, 2023, due to false testimony from an uncredible witness, leading to imprisonment until my release on February 14, 2025. During November 2023 to August 2024, I was on probation but suffered from panic attacks and other mental issues, which prevented me from... View More

James L. Arrasmith
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answered on Mar 26, 2025

You're looking at filing a Section 1983 civil rights lawsuit for your unlawful arrest and imprisonment. Your case involves potential violations of your Fourth and Fourteenth Amendment rights, as false testimony leading to arrest and detention is a serious matter.

First, gather all your...
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1 Answer | Asked in Criminal Law for Louisiana on
Q: How to prepare for self-representation in a second-degree murder case in Louisiana?

I'm facing a charge of second-degree murder and have been dealing with this case for over three years, including two years in jail. My court date is in 3 months, and I'm currently on my second public defender who doesn't communicate with me effectively. I'm considering... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 7, 2025

You should not represent yourself, especially if you are currently incarcerated. You are facing life in prison and you need to have legal counsel representing your interests. if you do not believe the public defender's office is adequately representing your, then you are free to hire your... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Louisiana on
Q: How to appeal a criminal case sentencing in Louisiana?

I have a family member who needs to appeal a criminal case sentencing. They have twenty-nine days to file the paperwork. What is needed to file the appeal without a lawyer, and are there options for obtaining a pro bono attorney?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2025

You do not have a lot of time to file the appeal----since I assume that the family member has an attorney at the district court level, I would recommend immediately contacting that attorney and setting up an appoint to discuss your concerns listed on this post- and options---also, said attorney can... View More

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