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Louisiana Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Q: I was arrested for possession of cds sch2 with intent was incarcerated 10 months lost job home vehicle lost everything

The 2nd judicial appealed my case so it went to higher court and all 3 judges signed my favor

James L. Arrasmith
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answered on Jul 21, 2024

I'm really sorry to hear about your situation. Losing everything due to a wrongful arrest must have been incredibly difficult. It's a relief that the higher court ruled in your favor, but the damage done to your life is significant.

Given your circumstances, you may have grounds...
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1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Q: In the state of Louisiana who has the right to consent to a search?

The police came to my house asked what I did over the weekend and then when I said no to th search they put me in hand cuffs

James L. Arrasmith
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answered on Jun 21, 2024

In Louisiana, the right to consent to a search is generally held by:

1. The property owner

2. A person with apparent authority over the property (e.g., a tenant or resident)

3. An adult occupant of the premises

However, there are important points to consider in your...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Louisiana on
Q: So my friend and his friend was picked up on an arrest warrant for distribution of meth. Yet in reality the CI called

Her to come smoke with him after they ran out he sent her to find more. She went got her friend and he sold him some of what he had thinking they wanted to continue smoking meanwhile he had got wires up to gain help gain a distribution. They were arrested on a warrant which turned into a affidavit... View More

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answered on Jun 2, 2024

You should contact a criminal defense attorney as soon as possible to discuss the specifics of the case and the possibility of challenging the arrest. It's important to gather all relevant information, including the circumstances of the alleged offense and the details of the arrest. If the... View More

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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Louisiana on
Q: What can I do about a police officer that refused to tow my car to a towing company of my choice?

He told me he could only call one company which made no sense to me. It was a traffic stop I got traffic tickets now im unable to go recover my belongings out of it because I can't get a ride to where it's at and I jut want to know if I have any legal options I can take in regards to this matter

James L. Arrasmith
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answered on May 1, 2024

When dealing with a situation where a police officer has refused to tow your car to a company of your choice, it's important to first understand the protocols that law enforcement may follow in such scenarios. Officers often have a list of approved or contracted towing services that they are... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Q: Can a case be thrown out if a person hasn't been charged with a crime for over a year?

My sister in law has been waiting to be charged with either a misdemeanor or a felony assault charge of battery. She hit my brother with her car, barely. The video can't tell if it was an accident. She stopped immediately and got out to check on him, and he got up all happy and clapping his... View More

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answered on May 1, 2024

In your sister-in-law's situation, considering the duration of the case and the changes in the charges, it's understandable why you might question if her right to a speedy trial has been compromised. Generally, the right to a speedy trial is protected by the Sixth Amendment in the U.S.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Louisiana on
Q: Is a police officer supposed to ask if you are a USCitizen at the beginning of an encounter?

I was once told that in the rules and regulations handed down by the Secretary of State of the United States that the very first question that a police officer is supposed to ask is if you are a USCitizen, because if you are not a USCitizen they may not have jurisdiction over you and technically... View More

James L. Arrasmith
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answered on Dec 1, 2023

The information you received is not accurate. In the United States, police officers are not required to ask about citizenship status at the beginning of an encounter. Law enforcement officials have jurisdiction over everyone within their area of authority, regardless of citizenship status. This... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Q: My vehicle was stolen on November 21st, on the 23rd the thief brought it to a scrap yard and got $150. I had a sale for

$4000. Thief only gave an id. It was nice, what can I do about this. Tags were new on the Jeep. Please get back to me. Also Jeep was insured, libility only.

Sincerely,

James L. Arrasmith
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answered on Dec 1, 2023

Good morning, Kathy,

In your situation, where your vehicle was stolen and then scrapped, there are several steps you can take. First, it's crucial to report the theft to the police immediately if you haven't already. Provide them with all the details, including the information...
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1 Answer | Asked in Civil Litigation, Constitutional Law and Probate for Louisiana on
Q: if a last will and testament was written in 1991 and the laws have since changed, do we go by the old law or new law?

For pre-January 1, 1996 deaths, there is a possibility that any child, regardless of age, will be a forced heir. There are complex rules for determining whether the new laws or prior laws govern. If the decedent died before January 1, 1996 or executed his last will before January 1, 1996 and had... View More

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answered on Oct 31, 2024

When dealing with a last will and testament from 1991, the key factor is the date of the decedent's passing. If the individual died before January 1, 1996, the laws in effect at that time will generally govern the distribution of the estate. This means that any provisions regarding forced... View More

1 Answer | Asked in Estate Planning, Family Law, Constitutional Law and Probate for Louisiana on
Q: if a last will and testament was written in 1991 and the laws have since changed, do we go by the old law or new law?

In Louisiana law what age limit was a forced heir in April 1991?

Old law in 1991- Thus, after the Lauga decision, all children remained forced heirs, regardless of age or disability.

Does this law apply to a last will and testament that was written in 1991?

Or does the... View More

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answered on Oct 29, 2024

When dealing with a last will and testament from 1991, it's important to consider when the deceased passed away. In Louisiana, the laws governing forced heirship are typically based on the statutes in effect at the time of death, not when the will was written.

Since the law changed on...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Louisiana on
Q: Can police order you out of vehicle parked in your own yard at gunpoint, for an investigation of theft across the street

Based of a telephone tip?

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answered on Oct 6, 2024

Police can order you out of a vehicle in certain situations, even on private property, if they have a reasonable belief that you are involved in criminal activity or that their safety is at risk. If they received a tip about a crime and believe you may be connected or possess information, they... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Louisiana on
Q: Can police enter a home with no warrant in the process of placing weapons and cuffs on my children for nothing?

When asked about the warrant they told me they didn’t have to give one then they later said that they found drugs that had never been seen before, and when I wouldn’t stop asking about a warrant right before that left they printed one from there vehicle while I was in there and it had the... View More

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answered on Sep 22, 2024

It sounds like you’re dealing with a very confusing and stressful situation. Generally, police need a warrant to enter your home, especially at night. There are exceptions, such as emergencies or situations where evidence might be destroyed, but they still have to follow proper legal procedures.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Identity Theft and Sexual Harassment for Louisiana on
Q: How do I fight RNM/V2K attacks which I believe they are using this technology for identity theft? Perhaps a suicide game

This has been going on for years. They Eeectrocute me to create an antenna out of human beings. I don't know what their true purpose is but I believe they use people's brains and map them with EEGs to create an AI computer generation to represent them and traffic the generation on the... View More

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answered on Mar 4, 2024

If you're experiencing distressing symptoms and believe you're under attack through means such as you've described, it's important to seek support from trusted professionals. The sensations and experiences you're reporting, including hearing voices and feeling targeted by... View More

1 Answer | Asked in Civil Litigation, Personal Injury, Products Liability and Constitutional Law for Louisiana on
Q: Some placed this (V2K) Technology on me unknown to me of when or how. Can I hold someone responsible for all loss plus?

I'm stuck with the torture of V2k applied to me some how unknown to who,how ,when or where it's been put on me. There is a group of 8 people in Nevada who has been awarded $80,000,000 to help them through this v2k as it's by far a terrorist act in my opinion. Is there any way in... View More

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answered on Feb 24, 2024

While you may feel that you're experiencing the effects of V2K technology, proving its existence and identifying those responsible can be challenging. It's crucial to seek assistance from legal professionals experienced in handling complex cases involving technology and privacy issues.... View More

2 Answers | Asked in Consumer Law, Constitutional Law and Gov & Administrative Law for Louisiana on
Q: I was told that when getting a Louisiana driver's license issued or renewed, the applicant is recorded. What LAW.

Are there privacy statements that the applicant signs away?

T. Augustus Claus
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answered on Oct 18, 2023

When obtaining or renewing a Louisiana driver's license, there may be certain privacy policies and agreements that applicants are required to acknowledge and sign. The specific laws and regulations governing this process can be found in the Louisiana Administrative Code, Title 55, which... View More

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1 Answer | Asked in Constitutional Law and Criminal Law for Louisiana on
Q: my offense was in 1985. should I be under the good-time act in effect in 1985, or the act in effect when sentenced in 19

offense occurred in 1985, per bill of information. arrested 1988. Convicted 1989 and sentenced 1989. placed on good-time act 376 in effect at time of sentence.

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answered on Oct 15, 2023

In general, criminal laws and penalties that are in effect at the time an offense is committed are the ones that apply to the defendant, in order to avoid ex post facto implications. The Ex Post Facto Clause of the Constitution prohibits the government from enacting laws that retroactively increase... View More

Q: Hello my name is Damian . So I was a public housing commissioner .

I showed up for a meeting on Thursday to find out I was terminated without notice and for reasons that are false .The mayor said he and the city council voted to remove me on July 6,2023 .

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answered on Jul 11, 2023

This may be a violation of your rights, as public housing commissioners are entitled to due process before being terminated. You may want to request a copy of the meeting minutes from July 4, 2023, file a complaint with the housing authority, or consult with an attorney.

1 Answer | Asked in Real Estate Law and Constitutional Law for Louisiana on
Q: I live in Louisiana. My mother died in 2008. My dad, wants to sell the land. Can he sell the land without our authority?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 11, 2023

There's not enough information to know what your actual question is. That said, if your Mother is a partial (or sole) owner of the land, then the land cannot be transferred without a succession (in Louisiana) or probate (in another state) being opened and either the legal proceeding... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Louisiana on
Q: Would getting a ticket for no registration on a rare 22yr old privite Mercedes violate my constitutional right?

Constitutional Law § 101 all citizens be free to travel throughout the length and breadth of the United States uninhibited by statutes, rules, or regulations which unreasonably burden or restrict this movement.

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answered on Mar 4, 2023

The constitutional right to travel is not an absolute right and is subject to reasonable regulation by the government. Requirements for vehicle registration and proof of insurance are generally considered to be reasonable regulations to ensure the safety of drivers and passengers on public roads.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Louisiana on
Q: Can I recive my possession after I plead guilty ( forfeited) I was busted by the tasked police they arrested me took car
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answered on Mar 2, 2023

If you plead guilty and the court ordered the forfeiture of your property, you may not be able to receive your possession back. In general, when property is forfeited, it becomes the property of the government, and the owner loses all rights to it. However, in some cases, a court may allow the... View More

1 Answer | Asked in Child Support, Civil Rights and Constitutional Law for Louisiana on
Q: I was served papers from my husband for blood and name change. I wasn’t in the state but someone signed how? Could they

How could they let anyone sign I missed court so they dropped his arrears and I guess changed my son name yet I knew nothing about this

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 14, 2022

Please contact a child custody/family attorney in your area to discuss the specifics of this. Good luck.

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