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Louisiana Criminal Law Questions & Answers
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

James L. Arrasmith
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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 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

James L. Arrasmith
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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 Criminal Law for Louisiana on
Q: I am being charged for cruelty to juveniles, do I need a lawyer to represent me? Can I have the charges dropped?

Can I have my charge reduced?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2024

If you are charged with a crime in Louisiana, then you should have a lawyer represent you. While the State (prosecution) has the burden of proof, you need a lawyer to represent you to make sure your rights are protected and to make sure that the State (prosecuton) does not attempt to take... View More

1 Answer | Asked in DUI / DWI, Federal Crimes and Criminal Law for Louisiana on
Q: My bf was arrested by game warden while on probation so he’s on a probation hold for nothing

He was on his boat, he’s 45 years old, and the goHe was not drunk, but still arrested and has 6 charges that are rediculous and should be dropped. But while in jail they brought new charges , felonious ones now. They are for killing too many turkeys and possession of a firearm by a person with a... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about your boyfriend's situation. That must be incredibly stressful and frustrating for both of you. A few thoughts:

It's difficult to say definitively whether the charges will hold up without knowing all the details, but in general, wardens and...
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2 Answers | Asked in Criminal Law for Louisiana on
Q: Can the state of Louisiana charge you with armed robbery, if they don’t have a victim or evidence of armed robbery?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 15, 2024

Can they charge or file a bill of information? They can but it most likely would be defective if they do not have a victim alleged in the bill/charge. That said, if there is no victim and/or no evidence, then the State would not be able to convict ---I would strongly have one involved in this... View More

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2 Answers | Asked in Criminal Law for Louisiana on
Q: Can the state of Louisiana charge you with armed robbery, if they don’t have a victim or evidence of armed robbery?
Brent Stockstill
Brent Stockstill
answered on Mar 15, 2024

The state can always charge you. If the issue is proof of an element a trial is required. technical deficiencies can be handled by o motion to quash. the motion to quash if granted would end the prosecution. The ability of the state to prove what they claim is an issue for the jury to decide.

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1 Answer | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: Yes I literally just got out of jail yesterday due to Bank Fraud which was a huge mistake it was only $881

I’m just wondering what’s next besides court !!! This is literally my first time ever :(

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about your situation. Facing charges for the first time can be overwhelming and confusing, but understanding what comes next is a step in the right direction. Besides court, it's important to prepare yourself both legally and personally. Engaging a lawyer experienced in... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: What is the charge of rubbing a minors private area and the degree of offense.what are the possible consequences of this

What if the offender is a family member.

James L. Arrasmith
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answered on Mar 9, 2024

In Louisiana, rubbing a minor's private area would likely be considered sexual battery or molestation of a juvenile, depending on the specific circumstances of the case.

Sexual battery (LA RS 14:43.1):

- Intentional touching of the anus or genitals of the victim by the offender...
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1 Answer | Asked in Criminal Law and Insurance Bad Faith for Louisiana on
Q: How long does the insurance company have to settle my claim after my car was stolen and recovered?

My car was stolen on January 28th and recovered by police on feb 2nd. Someone had set it on fire. I am completely devastated and have been treated like a criminal by law enforcement from day one. I have corroborated with my insurance company giving them everything they have requested of me. I also... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 5, 2024

You are handling these matters by yourself ---in order to insulate yourself you at a minimum consult with a lawyer in your area to get a better idea of the procedure and process-----and if you so desire (and I do recommend), hire a alawyer to be your representative in this process. He can... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: If there is no enclosed 6ft fence does this cancel out the Louisiana statute 14:62.4 in relation to being in a backyard?

There was no gate, no barrier walking from sidewalk into the yard. There was only one dilapidated fence (well under 6ft) seperating the neighbors yard on the east side. So the rest of the property was open. Does this fact nullify Louisiana 14:62.4?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 4, 2024

More information is needed to provide a specfici answer----that said, since your post suggests something which already happened and the statute is a criminal statute, I highly recommend that you do not post anything in regards to what happened on a public board such as this-----this cona be... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: How can I get my husband out of jail he is on a probation hold. He doesn't have a court date yet. He owes 1562 dollars

The 1562 dollars is his arrears for probation. And a 725 dollar ticket he had a bench warrant out for. He is willing to go to rehab. I am trying to pay his arrears will that help any

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 26, 2024

If your husband has a probation hold then he will be held until the probation hold is released---usually that involves a hearing before the Judge to determine whether or not the hold is valid and if valid then what punishment to give to your husband for violation of the probation. That said, if... View More

1 Answer | Asked in Criminal Law and Admiralty / Maritime for Louisiana on
Q: what the Admirality/Maritime RS statue for towing barges to park on private property w/o permission. I live in Louisia

Barges park on my property for lengths of time no lease.. Shine lights at my home that enterred into my windows any hour nof night. what right do I have. We own 40 acres of land and 250 feets of this property extents into the river.

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. Without knowing the reason for choosing to use your waterfront property instead of a mooring, a starting point could be to contact the towing company. It doesn't sound like a practice that the larger towing... View More

2 Answers | Asked in Criminal Law for Louisiana on
Q: My father threatened to shoot down a bedroom door. Is doing so legal?
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answered on Feb 15, 2024

In Louisiana, threatening to shoot down a bedroom door, especially if done in a domestic context, is likely to be considered a criminal threat or assault, and possibly domestic abuse, depending on the specifics of the situation. Such an action could be seen as threatening bodily harm to another... View More

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1 Answer | Asked in Criminal Law for Louisiana on
Q: Me and my fiance live together we both got put on probation! Our address was the same! Can they make us stay apart?

Meaning one of us will be homeless!

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answered on Feb 13, 2024

In Louisiana, as in many jurisdictions, probation conditions can sometimes include stipulations about with whom the probationer can live or associate, especially if those individuals are also on probation or parole, particularly for similar or related offenses. However, these conditions are not... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Probate for Louisiana on
Q: When my dad died I had his original will leaving everything to me. Then a neighbor lady said he had done a new will

But the neighbor could not produce tje original. But I was told by attorney the he did the new will and that will was valid even though no original was produced! So I walked away leaving her his estate. Now almost a year later she has filed criminal charges against me saying I stole her original... View More

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answered on Feb 9, 2024

In Louisiana, the situation you describe involves complex issues of probate law and potential criminal charges. If a new will was mentioned but the original could not be produced, and an attorney advised that this new will was valid despite the absence of the original document, the legal basis for... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: ive been on probation for a year for obstruction of justice,

they gave me 2 years on probation and i had a probation review February 5th and i missed my court date because my wife is 39 weeks pregnant and i was up all night with her and missed it, do u think i can get my bench warrant recalled in baton rouge louisiana? if not then what will be the worse case... View More

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answered on Feb 25, 2024

It's crucial to take immediate action to address the missed court date and bench warrant. Contacting the court as soon as possible to explain the circumstances surrounding your absence may increase the likelihood of having the warrant recalled. Be honest and provide any documentation or... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Louisiana on
Q: ive been on probation for a year for obstruction of justice,

they gave me 2 years on probation and i had a probation review February 5th and i missed my court date because my wife is 39 weeks pregnant and i was up all night with her and missed it, do u think i can get my bench warrant recalled in baton rouge louisiana? if not then what will be the worse case... View More

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answered on Feb 7, 2024

In Baton Rouge, Louisiana, missing a court date for a probation review can result in the issuance of a bench warrant for your arrest. However, it is possible to have the bench warrant recalled, especially if you have a valid reason for missing the court date, such as the situation with your... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Louisiana on
Q: I was molested in the second grade at Meaux Elementary School. I believe it was 1985. How can I civilly sue him?

My second grade teacher noticed that my behavior indicated that I was being abused. I am 44 years old now so I believe it was 1985. I was under the impression that John Bell Edwards made it possible for people that were abused and wasn't compensated nor was the abuser punished to get a chance... View More

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answered on Jan 30, 2024

I'm very sorry to hear about the abuse you suffered. You have a few options to potentially seek justice and compensation in this case:

1. File a civil lawsuit against the abuser. In Louisiana, you generally have 30 years from the date you turn 18 to file a lawsuit seeking compensation...
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1 Answer | Asked in Civil Rights and Criminal Law for Louisiana on
Q: Is there a cut off age for inmates being required to work in Louisiana prison? My father is 82 years old. 100% disabled
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answered on Jan 21, 2024

In Louisiana, there is no specific age cutoff for inmate labor requirements in prisons. However, the health and physical capabilities of an inmate are significant factors in determining their work assignments. Given your father's age and 100% disability status, these should be taken into... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: Locked up for 3 months on a failure to appear with no bond and no contact with lawyer or probation officer

If someone failed to sign up for probation in a new parish because she was running from her ex, and she got picked up 3 months ago with no contact with a lawyer or her probation officer, how likely is it that she would be released on her next court date? The court date is to reinstate or revoke... View More

Brent Stockstill
Brent Stockstill
answered on Jan 8, 2024

The answer is up to the Judge that authorized probation. If the Judge finds that your reason for not signing up justified your failure the Judge can allow you to get probation again. If the Judge does not think the facts of your situation justified your failure to sign up then the Judge could give... View More

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