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Louisiana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Louisiana on
Q: What is the penalty for unauthorized use of a access card in the state of Louisiana
Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 26, 2021

It depends on the amount of the taking or the loss-----I believe the law has changed such that if the amount of the taking or the loss is less than $1,000, then it is a misdemeanor and if it is $1,000 or more, then it is a felony. Also, if one has prior theft type convictions, then it is possible... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Louisiana on
Q: Hello, is there a law that protects mentally unstable more specifically schizophrenic people from harassment.

I know the law states “without invitation” but if the person has serious mental issues how are they able to offer invitation? And the person they contact continues to accept call and repeatedly continues to tell them things that triggers them to have episodes

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 26, 2021

Stay on your meds and block the number.

2 Answers | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: My lawyer didn’t show for court. Prosecutor has a deal for me. Can I still take the deal w/o my lawyer?
Wade Thomas Visconte
Wade Thomas Visconte answered on Oct 24, 2021

The answer is probably not because the Judge will want to make sure on the court's record that both you AND your attorney have discussed the plea and that your plea is voluntary.

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1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Louisiana on
Q: Is intentionally intimidating pedestrians within a crosswalk assault?

I live in New Orleans, and often when I'm walking within a clearly marked crosswalk, vehicles will slow down just enough so that they could brake hard to avoid hitting me if I keep walking but are clearly maintaining enough speed to try to intimidate me into not continuing on. Isn't this... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 21, 2021

A Louisiana attorney could answer best, but your question remains open for two weeks. Assault can be both a civil offense and crime. Under common law tort principles (not state-specific, but GENERAL principles), one could argue assault in the civil sense in terms of placing one in fear of imminent... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: How can you be charged with simple assault by being recorded threatening someone who threatened you first

But they weren't recording themselves but you now my wife told me she would shoot me while I'm sleeping because she was trying to get me to put my hands on her so I can get arrested and go to jail but I told her I have a gun too and I'll shoot you in the face which we say stuff like... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 18, 2021

It's your word against hers that you started it.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Right to Counsel? What dose that actually mean in criminal court. If appointed an attorney, what are responsibilities

Of the IDB ,

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 10, 2021

Responsibilities of IDB attorney is same as private attorney

1 Answer | Asked in Criminal Law for Louisiana on
Q: Can I drop charges against my brother for unauthorized use of a moveable in the syate of louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 7, 2021

Yes. Call the district attorney and request a drop charge form.

1 Answer | Asked in Criminal Law for Louisiana on
Q: I’ve been charged with RS 14 56.4 D and I live in California. What do I do ? Is this a felony charge ?
Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 6, 2021

La. R.S. 14:56D is a felony crime. Do not post the facts or your version on a public forum because it can be considered as a statement by you. I suggest you contact a few criminal defense lawyers in Louisiana and hire the one with whom you are most comfortable. Many criminal defense lawyers... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: Is it legal in the state of Louisiana, g For a k9 to make traffic stops,

Mom.was stoped they have her a ticket for no dl and exp inspection three days later we hear from folks at the store the cop telling people she got 9 felony drug posseeion charges even put it in paper. Now they took her prescription pill bottke that she had a few vitamins and blood pressure pills... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 4, 2021

She needs a criminal defense attorney to review her cases.

1 Answer | Asked in Criminal Law for Louisiana on
Q: My husband being charged with cruelty to a juvenile for my child can he go to jail if we’re married
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 30, 2021

Yes he can go to jail if you or married or not and whether he is the father or not. He needs a criminal lawyer.

1 Answer | Asked in Criminal Law, Business Law, Gaming and Gov & Administrative Law for Louisiana on
Q: Are you required to disclose if you were arrested but never convicted or plead guilty?

I was arrested a while back for marijuana possession and went through a diversion program and the arrest was expunged. What should I do if I forgot to disclose that in filing for a permit with the Mississippi State gaming association as part of an internal auditor application?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 30, 2021

Even if charge refused and diversion completed, your lawyer needs to FILE a Motion to expunge the arrest.

1 Answer | Asked in Criminal Law for Louisiana on
Q: If my co-defendant have a petition in court does that petition affect me
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 26, 2021

Your question does not provide enough information to answer the question. Hire a criminal attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Me and my boyfriend got into a fight and he got in my face and said some very nasty things and hit him.Will I go to jail

My boyfriend was screaming at me in my face while I was holding our 3 month old baby and I kept telling him to back up and get out my face but he wouldn't so I slapped him with my child in my arms. As soon as I did that I did lay my child down in her bed because even after that he still didnt... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 26, 2021

Hire an attorney. Move. I think you will be charged.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Is it legal for the law to arrest you for burglary if they didn’t catch you on the premises

Your car was parked at address of burglary but you were not there

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 26, 2021

They can arrest you if they have probable cause.

1 Answer | Asked in Criminal Law for Louisiana on
Q: I was involved in MVA in 2008. It left me disabled. I did get a first time offenders pardon, but I need am expungement.

It will cost me $2100.00

I get SSD of $1400.00. I have my daughter and her 3 children living with me and I simply don't have the money. But without an expungement, I can't get a decent paying job.

Thanks

Jacob Rennick
Jacob Rennick answered on Sep 23, 2021

Expungement costs are not set by the court so the total fee you are charged can vary attorney to attorney, however there are set court fees that can be pricey. You can seek to proceed with the expungement in forma pauperis, which may reduce the court fee itself possibly giving you a break on the... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Louisiana on
Q: My boyfriend has a criminal attorney already and he and I wanna get married and the state of Louisiana

Has a criminal protective order put out on him on my behalf is it possible to get a peace bond so we can marry each other

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

Even generally, unless that Order of Protection is removed then technically that groom does not have any legal right to make any proximal physical contact with you, let alone marrying you, per terms and conditions of that order.

Have his attorney provide a better way to handle that correctly.

1 Answer | Asked in Constitutional Law and Criminal Law for Louisiana on
Q: Can city police officer legally pull someone over outside city limits after a natural disaster for seatbelt violation
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 19, 2021

Yes but they probably won't appear in court.

1 Answer | Asked in Criminal Law and Juvenile Law for Louisiana on
Q: Innocent juvenile son detained today after questioned and released days earlier; guilty person previously confused

He has no knowledge about innocent or seen innocent

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 13, 2021

Hire a juvenile court criminal defense lawyer

1 Answer | Asked in Traffic Tickets, Criminal Law and Immigration Law for Louisiana on
Q: Can I get a ticket in the mail if police didn't see me leave my son alone for some minutes in AC- car?

I had left my 3 year old son alone in car with AC on, a tablet to play with but I had the key inside and driver's side unlocked. I went for about 10 minutes. Some people saw him, called the cops and brought him out of the car. I came out and saw him with them. It really was stupid of me. I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 5, 2021

Yes they can still charge you. If you get charged, hire juvenile court lawyer.

1 Answer | Asked in Criminal Law and Health Care Law for Louisiana on
Q: If my name is on a global watchlist as reinstated, would this prevent me from getting an exspungment?

I have a misdemeanor from 2004 for unlawful alcohol sale and I just got reinstated no arrest for pretrial for Medicaid fraud. I was told my name will stay on the list ten years. Can I get my records clear or do I have to wait ten years?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 5, 2021

Your question is not clear. I guess you are trying to say your license to sell alcohol has been reinstated. "No arrest for pretrial for Medicaid fraud", means what? Does that mean you are out on bond with a misdemeanor charge pending? Call a criminal attorney to clarify your question.

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