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Louisiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Louisiana on
Q: Is it illegal to knowingly expose someone to HIV in the state of Louisiana?

I among other women have been exposed. One female was with this man for 5 years and his whole family tried to warn her that this man's wife died and had HIV when she died and that he also had it and he just told her that his family did not like her and wanted to break them up she believed him... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 1, 2020

Negligent or intentional infliction of HIV is a crime. Call the Sheriff's Office.

1 Answer | 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..

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 29, 2020

Contact then D.A. and ask for a certified copy.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Son bring held in Jefferson parish jail. Following charges. Discharge of bail5000. Discharge of bail obliged 500. Traf

Traffic 30,000.( But they say is a drug charge? Rig. Traffic 1500.traffic500. Traffic 500.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 29, 2020

Can't even tell what your question is. Call a criminal lawyer.

1 Answer | Asked in Criminal Law for Louisiana on
Q: How do I gain access to evidence against me in my criminal trial? What happens if the police officers mislead a Judge

what happens and how do I prove the police officers mislead a Judge to obtain a no knock warrant for a home I do not own or have a lease agreement. I was also not in the home when it was searched and someone who was took responsibility for and did time for what was found in a common area of the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 26, 2020

You don't get it without your lawyer doing discovery.

1 Answer | 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

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 23, 2020

This is traditional prosecutuin tactics to divide from within. Hire a criminal attorney to advise you.

1 Answer | Asked in Criminal Law for Louisiana on
Q: New neighbors w/20+pitbulls moved in assault my girlfriend threatened me. Called sheriff animal control nothing done

They call sherriff's 6 hours after I did I get a charge of disturbing the peace

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 21, 2020

Take pictures and call again.

1 Answer | 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?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 19, 2020

Yes you can still be revoked and probation never ended because you did not complete the terms.

1 Answer | Asked in Criminal Law for Louisiana on
Q: I got a contempt of court for failing to appear in 2014, which led to a bench warrant. Does this expire?

Does a misdemeanor bench warrant ever expire? It's been 6 years

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 18, 2020

No it does not expire. Hire a criminal attorney to get it recalled.

1 Answer | Asked in Criminal Law for Louisiana on
Q: how much time can you get for contraband in louisiana if you have prior felons
E. Alexander Laird
E. Alexander Laird answered on Sep 17, 2020

You can get up to 5 years for having contraband in a penal institution.

Having a prior record won’t be looked upon favorably when it comes to sentencing.

1 Answer | Asked in Criminal Law and Civil Rights for Louisiana on
Q: Can a police officer place evidence in a different location other than where it was found?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 14, 2020

They can, but shouldn't. This may be part of your defense. Tell your criminal defense attorney.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Does this mean that the person committed the arson and gave false information after the fact?

Or is it simply the threat of committing arson? Or couldn't mean they committed arson and gave false statements after the fact?

The charge is- communicating false information of arson or attempted arson-

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 11, 2020

Get a consultation with a criminal attorney because more information is needed.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Federal Crimes for Louisiana on
Q: Is there any and where do I look for case law to get a better idea of my chances of avoiding the felony/sentence

I was a passenger in a car I was helping transport back to Texas that I was legally borrowing to do repairs to. The driver (I just met) was hired by vehicle owner to help me make the trip, and unbeknownst to me in possession of meth and a R/X pill/s (of which we were both charged because it was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 11, 2020

You need to hire a criminal attorney to develop a defense. Do NOT give anyone a statement.

1 Answer | Asked in Criminal Law for Louisiana on
Q: What is the new laws for a convictied felon with a fire arm
E. Alexander Laird
E. Alexander Laird answered on Sep 11, 2020

If you are convicted of certain felonies, including crimes of violence and a long list of other felonies found in Title 14, R.S. 14:95.1, you cannot possess a firearm.

If you are found guilty, you face steep punishments. 5-20 years WITHOUT the benefit or probation or parole....
Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: Hi I have citation for theft from Walmart. It was for $41. I’m trying to see what do I do when I go to court on 9/24.
E. Alexander Laird
E. Alexander Laird answered on Sep 8, 2020

This court date is more than likely your arraignment, where you will plead guilty or not guilty.

1 Answer | Asked in Criminal Law for Louisiana on
Q: If my appted atty request Discovery and the prosecution doesn't include evidence that it holds, is it admissable later?

Prosecution possessed but didn't include lab results in the Motion of Discovery. Prosecution also requested 3 different pretrial dates claiming to be waiting on lab results. When the defendant was presented labs, they were dated and received by the prosecution before a motion of discovery was... Read more »

E. Alexander Laird
E. Alexander Laird answered on Sep 6, 2020

This may be grounds for an appeal for ineffective assistance of counsel.

The main hurdle you might face is whether you were prejudiced by the lack of objection by your public defender.

You must show that “but for” the deficient performance, there is a “reasonable...
Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: Held in detention center after negative COVID test to go to substance abuse treatment, not allowed to go
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 6, 2020

Your question is unintelligible. Contact an attorney.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Q: If my appted atty request Discovery and the prosecution doesn't include evidence that it holds, is it admissable later?

Prosecution possessed but didn't include lab results in the Motion of Discovery. Prosecution also requested 3 different pretrial dates claiming to be waiting on lab results. When the defendant was presented labs, they were dated and received by the prosecution before a motion of discovery... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 6, 2020

It may be ineffective assistance. Consult with an appellate attorney quickly.

1 Answer | Asked in Criminal Law and Traffic Tickets for Louisiana on
Q: I have a hit and run felony on my record from 2004. I was arrested and went to court and paid a fine.

I backed into a vehicle by accident, I got out of the truck to see what happened. The passenger in the truck pulled me back into the truck and another passenger got behind the wheel and drove off with me in the truck. The police chased us down, arrested me booked me and let me out several hours... Read more »

E. Alexander Laird
E. Alexander Laird answered on Sep 3, 2020

To get a felony conviction removed from your record, you must wait 10 years after you have finished your sentence and have no felony charge pending against you.

You only get to expunge a felony conviction once every 15 years.

Hire a lawyer to file a motion for expungement

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can a woman who is charged with 2nd degree murder get a bond reduction....

After she bonds out of jail she opening up a bar in the victims home town

E. Alexander Laird
E. Alexander Laird answered on Sep 3, 2020

The purpose of bond is to ensure you make your future court dates. Bond is set depending on your ties to the community and danger to community. Any defendant may request a reduction in bond upon a showing of good cause.

If your purpose for getting a reduction is so you can open a bar on...
Read more »

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Louisiana on
Q: In Louisiana, does the mother automatically have custody of the child if the father is not on the birth certificate?

My son was by a family members house and they allowed him to take the child and he never brought him back and will not answer the phone.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 1, 2020

No one has automatic custody. Both/either parent needs to file for custody with a lawyer

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